eu-charter

Хартата на основните права на Европейския съюз

Член 24 - Права на детето

Член 24 - Права на детето

  1. Децата имат право на закрила и на грижите, необходими за тяхното благоденствие. Те могат да изразяват свободно своето мнение. То се взема под внимание по въпросите, които ги засягат, в зависимост от възрастта и зрелостта им.
  2. При всички действия, които се предприемат от публичните власти или частни институции по отношение на децата, висшият интерес на детето трябва да бъде от първостепенно значение.
  3. Всяко дете има право да поддържа редовно лични отношения и преки контакти с двамата си родители, освен когато това е против неговия интерес.
  • Text:

    Този член се основава на Конвенцията за правата на детето, подписана в Ню Йорк на 20 ноември 1989 г. и ратифицирана от всички държави-членки, и по-специално на членове 3, 9, 12 и 13 от нея.

    Параграф 3 отчита факта, че в контекста на създаването на пространство на свобода, сигурност и правосъдие, законодателството на Съюза по гражданскоправни въпроси с трансгранично значение, за което член 81 от Договора за функционирането на Европейския съюз предоставя необходимите правомощия, може да включва по-специално правото на посещения, което позволява на детето да поддържа редовно лични и преки контакти с двамата родители.

    Source:
    Официален вестник на Европейския съюэ C 303/17 - 14.12.2007
    Preamble - Explanations relating to the Charter of Fundamental Rights:
    Дадените по-долу разяснения бяха подготвени първоначално под ръководството на президиума на Конвента, който изработи Хартата на основните права на Европейския съюз. Те бяха актуализирани под ръководството на президиума на Европейския конвент в светлината на внесените от този Конвент изменения в текста на Хартата (по-специално в членове 51 и 52), както и на развитието на правото на Съюза. Въпреки че тези разяснения сами по себе си нямат юридическа сила, те представляват ценно средство за тълкуване, което е предназначено да изясни разпоредбите на Хартата.
  • S.Ö. v Stadt Duisburg (C‑684/22), and N.Ö., M.Ö. v Stadt Wuppertal (C‑685/22), and M.S., S.S. v Stadt Krefeld (C‑686/22)
    Decision date:
    Deciding body type:
    Court of Justice of the European Union
    Deciding body:
    Court (Fourth Chamber)
    Type:
    Decision
    Policy area:
    Free movement and equality
    ECLI (European case law identifier):
    ECLI:EU:C:2024:345
  • CR and Others v Landeshauptmann von Wien
    Decision date:
    Deciding body type:
    Court of Justice of the European Union
    Deciding body:
    Type:
    Decision
    Policy area:
    ECLI (European case law identifier):
    ECLI:EU:C:2024:96
  • Criminal proceedings against GN (interested party: Procuratore generale presso la Corte d’appello di Bologna)
    Decision date:
    Deciding body type:
    Court of Justice of the European Union
    Deciding body:
    Type:
    Decision
    Policy area:
    ECLI (European case law identifier):
    ECLI:EU:C:2023:1017
  • Attorney-General against the decision in case 200.262.303/01 of the Court of Appeal ’s-Hertogenbosch on 20 January 2022, in the interest of the interpretation of the law
    Decision date:
    Deciding body type:
    National Court/Tribunal
    Deciding body:
    Supreme Court
    Type:
    Decision
    Policy area:
    ECLI (European case law identifier):
    ECLI:NL:HR:2023:1459
  • Ms Martina Sara v. NATIONAL INSTITUTE OF SOCIAL SECURITY AND GENERAL TREASURY OF SOCIAL SECURITY
    Decision date:
    Deciding body type:
    National Court/Tribunal
    Deciding body:
    Superior Court of Justice (Social Chamber)
    Type:
    Decision
    Policy area:
    ECLI (European case law identifier):
    ECLI:ES:TSJM:2023:972
  • Plaintiff: Private company providing sports training and career support services Defendant: a sportsman (who was a minor at the time of the events in the case) and his parents
    Decision date:
    Deciding body type:
    National Court/Tribunal
    Deciding body:
    Supreme Court, Department of Civil Cases
    Type:
    Decision
    Policy area:
    ECLI (European case law identifier):
    ECLI:LV:AT:2023:0607.C68353420.28.L
  • X and Others v État belge
    Decision date:
    Deciding body type:
    Court of Justice of the European Union
    Deciding body:
    Court (Third Chamber)
    Type:
    Decision
    Policy area:
    Asylum and migration
    ECLI (European case law identifier):
    ECLI:EU:C:2023:296
  • N.Z.G. vs the Director of the Metropolitan Home for Joyful Rites of Sofia Municipality (Столичен дом за радостни обреди към Столична община)
    Decision date:
    Deciding body type:
    National Court/Tribunal
    Deciding body:
    Administrative Court – Sofia City
    Type:
    Decision
    Policy area:
    ECLI (European case law identifier):
  • The appellant (A) and his spouse and child v the Finnish Immigration Service
    Decision date:
    Deciding body type:
    National Court/Tribunal
    Deciding body:
    Supreme Administrative Court
    Type:
    Decision
    Policy area:
    ECLI (European case law identifier):
    ECLI:FI:KHO:2022:121
  • V.М.А. v Stolichna obshtina, rayon „Pancharevo“
    Decision date:
    Deciding body type:
    Court of Justice of the European Union
    Deciding body:
    Court (Grand Chamber)
    Type:
    Decision
    Policy area:
    ECLI (European case law identifier):
    ECLI:EU:C:2021:1008

55 results found

  • Charter of Fundamental Rights and Freedoms
    Държава:
    Czechia

    Article 32 (1) Parenthood and the family are under the protection of the law. Special protection is guaranteed to children and adolescents. (2) Pregnant women are guaranteed special care, protection in labor relations, and suitable labor conditions. (3) Children, whether born in or out of wedlock, enjoy equal rights. (4) It is the parents’ right to care for and bring up their children; children have the right to parental upbringing and care. Parental rights may be limited and minor children may be removed from their parents’ custody against the latters’ will only by the decision of a court on the basis of the law. (5) Parents who are raising children have the right to assistance from the state. (6) Detailed provisions shall be set by law.

  • Listina základních práv a svobod
    Държава:
    Czechia

    Článek 32 (1) Rodičovství a rodina jsou pod ochranou zákona. Zvláštní ochrana dětí a mladistvých je zaručena. (2) Ženě v těhotenství je zaručena zvláštní péče, ochrana v pracovních vztazích a odpovídající pracovní podmínky. (3) Děti narozené v manželství i mimo ně mají stejná práva. (4) Péče o děti a jejich výchova je právem rodičů; děti mají právo na rodičovskou výchovu a péči. Práva rodičů mohou být omezena a nezletilé děti mohou být od rodičů odloučeny proti jejich vůli jen rozhodnutím soudu na základě zákona. (5) Rodiče, kteří pečují o děti, mají právo na pomoc státu. (6) Podrobnosti stanoví zákon.

  • Childcare Act 2006
    Държава:
    United Kingdom

    An Act to make provision about the powers and duties of local authorities and other bodies in England in relation to the improvement of the well-being of young children; to make provision about the powers and duties of local authorities in England and Wales in relation to the provision of childcare and the provision of information to parents and other persons; to make provision about the regulation and inspection of childcare provision in England; to amend Part 10A of the Children Act 1989 in relation to Wales; and for connected purposes. 

  • Children Act 1989
    Държава:
    United Kingdom

    Section 1 Welfare of the child.
    (1) When a court determines any question with respect to—
    (a)the upbringing of a child; or
    (b)the administration of a child’s property or the application of any income arising from it,the child’s welfare shall be the court’s paramount consideration.
    (2)In any proceedings in which any question with respect to the upbringing of a child arises, the court shall have regard to the general principle that any delay in determining the question is likely to prejudice the welfare of the child.
    (2A)A court, in the circumstances mentioned in subsection (4)(a) or (7), is as respects each parent within subsection (6)(a) to presume, unless the contrary is shown, that involvement of that parent in the life of the child concerned will further the child's welfare.
    (2B)In subsection (2A) “involvement” means involvement of some kind, either direct or indirect, but not any particular division of a child's time.
    (3)In the circumstances mentioned in subsection (4), a court shall have regard in particular to—
    (a)the ascertainable wishes and feelings of the child concerned (considered in the light of his age and understanding);
    (b)his physical, emotional and educational needs;
    (c)the likely effect on him of any change in his circumstances;
    (d)his age, sex, background and any characteristics of his which the court considers relevant;
    (e)any harm which he has suffered or is at risk of suffering;
    (f)how capable each of his parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting his needs;
    (g)the range of powers available to the court under this Act in the proceedings in question.
    (4)The circumstances are that—
    (a)the court is considering whether to make, vary or discharge a section 8 order, and the making, variation or discharge of the order is opposed by any party to the proceedings; or
    (b)the court is considering whether to make, vary or discharge a special guardianship order or an order under Part IV.
    (5)Where a court is considering whether or not to make one or more orders under this Act with respect to a child, it shall not make the order or any of the orders unless it considers that doing so would be better for the child than making no order at all.
    (6)In subsection (2A) “parent” means parent of the child concerned; and, for the purposes of that subsection, a parent of the child concerned—
    (a)is within this paragraph if that parent can be involved in the child's life in a way that does not put the child at risk of suffering harm; and
    (b)is to be treated as being within paragraph (a) unless there is some evidence before the court in the particular proceedings to suggest that involvement of that parent in the child's life would put the child at risk of suffering harm whatever the form of the involvement.
    (7)The circumstances referred to are that the court is considering whether to make an order under section 4(1)(c) or (2A) or 4ZA(1)(c) or (5) (parental responsibility of parent other than mother).

  • Children Act 2004
    Държава:
    United Kingdom

    An Act to make provision for the establishment of a Children’s Commissioner; to make provision about services provided to and for children and young people by local authorities and other persons; to make provision in relation to Wales about advisory and support services relating to family proceedings; to make provision about private fostering, child minding and day care, adoption review panels, the defence of reasonable punishment, the making of grants as respects children and families, child safety orders, the Children’s Commissioner for Wales, the publication of material relating to children involved in certain legal proceedings and the disclosure by the Inland Revenue of information relating to children. [15th November 2004] 

  • Children and Young Persons Act 2008
    Държава:
    United Kingdom

    An Act to make provision about the delivery of local authority social work services for children and young persons; to amend Parts 2 and 3 of the Children Act 1989; to make further provision about the functions of local authorities and others in relation to children and young persons; to make provision about the enforcement of care standards in relation to certain establishments or agencies connected with children; to make provision about the independent review of determinations relating to adoption; and for connected purposes.

  • Protection of Children Act 1999
    Държава:
    United Kingdom

    An Act to require a list to be kept of persons considered unsuitable to work with children; to extend the power to make regulations undersection 218(6) of the EducationReform Act 1988; to make further provision with respect to that list and the list kept for the purposes of such regulations; to enable the protection afforded to children to be afforded to persons suffering from mental impairment; and for connected purposes. 

  • Constitutión Española
    Държава:
    Spain

    Artículo 39(1) Los poderes públicos aseguran la protección social, económica y jurídica de la familia. (2) Los poderes públicos aseguran, asimismo, la protección integral de los hijos, iguales éstos ante la ley con independencia de su filiación, y de las madres, cualquiera que sea su estado civil. La ley posibilitará la investigación de la paternidad. (3) Los padres deben prestar asistencia de todo orden a los hijos habidos dentro o fuera del matrimonio, durante su minoría de edad y en los demás casos en que legalmente proceda. (4) Los niños gozarán de la protección prevista en los acuerdos internacionales que velan por sus derechos.

  • Constitution of the Kingdom of Spain
    Държава:
    Spain

    Section 39 (1) The public authorities ensure social, economic and legal protection of the family. (2) The public authorities likewise ensure full protection of children, who are equal before the law, regardless of their parentage, and of mothers, whatever their marital status. The law shall provide for the possibility of the investigation of paternity. (3) Parents must provide their children, whether born within or outside wedlock, with assistance of every kind while they are still under age and in other circumstances in which the law so establishes. (4) Children shall enjoy the protection provided for in the international agreements safeguarding their rights

  • Constitution of the Republic of Slovenia
    Държава:
    Slovenia

    Article 53 (...) The state shall protect the family, motherhood, fatherhood, children and young people and shall create the necessary conditions for such protection.

    Article 54 Parents have the right and duty to maintain, educate and raise their children. This right and duty may be revoked or restricted only for such reasons as are provided by law in order to protect the child's interests. Children born out of wedlock have the same rights as children born within it.

    Article 56 Children shall enjoy special protection and care. Children shall enjoy human rights and fundamental freedoms consistent with their age and maturity. Children shall be guaranteed special protection from economic, social, physical, mental or other exploitation and abuse. Such protection shall be regulated by law. Children and minors who are not cared for by their parents, who have no parents or who are without proper family care shall enjoy the special protection of the state. Their position shall be regulated by law.

  • Ustava Republike Slovenije
    Държава:
    Slovenia

    53. člen (...) Država varuje družino, materinstvo, očetovstvo, otroke in mladino ter ustvarja za to varstvo potrebne razmere.

    54. člen Starši imajo pravico in dolžnost vzdrževati, izobraževati in vzgajati svoje otroke. Ta pravica in dolžnost se staršem lahko odvzame ali omeji samo iz razlogov, ki jih zaradi varovanja otrokovih koristi določa zakon. Otroci, rojeni zunaj zakonske zveze, imajo enake pravice kakor otroci, rojeni v njej.

    56. člen Otroci uživajo posebno varstvo in skrb. Človekove pravice in temeljne svoboščine uživajo otroci v skladu s svojo starostjo in zrelostjo. Otrokom se zagotavlja posebno varstvo pred gospodarskim, socialnim, telesnim, duševnim ali drugim izkoriščanjem in zlorabljanjem. Takšno varstvo ureja zakon. Otroci in mladoletniki, za katere starši ne skrbijo, ki nimajo staršev ali so brez ustrezne družinske oskrbe, uživajo posebno varstvo države. Njihov položaj ureja zakon.

  • Constitution of the Slovak Republic
    Държава:
    Slovakia

    Article 41 (...) (3) Children born in and out of wedlock enjoy equal rights. (4) Child care and upbringing are the rights of parents; children have the right to parental care and upbringing. Parents' rights can be restricted and minors can be separated from their parents against their will only by a court ruling on the basis of law. (5) Parents caring for children are entitled to assistance from the state. (6) Details concerning rights under paragraphs 1 to 5 shall be laid down by law.

  • Ústava Slovenskej republiky
    Държава:
    Slovakia

    Čl. 41(...) (3) Deti narodené v manželstve i mimo neho majú rovnaké práva.(4) Starostlivosť o deti a ich výchova je právom rodičov; deti majú právo na rodičovskú výchovu a starostlivosť. Práva rodičov možno obmedziť a maloleté deti možno od rodičov odlúčiť proti vôli rodičov len rozhodnutím súdu na základe zákona.(5) Rodičia, ktorí sa starajú o deti, majú právo na pomoc štátu. (6) Podrobnosti o právach podľa odsekov 1 až 5 ustanoví zákon.

  • Constituția României
    Държава:
    Romania

    Articolul 49(1) Copiii si tinerii se bucura de un regim special de protectie si de asistenta în realizarea drepturilor lor. (2) Statul acorda alocatii pentru copii si ajutoare pentru îngrijirea copilului bolnav ori cu handicap. Alte forme de protectie sociala a copiilor si a tinerilor se stabilesc prin lege. (3) Exploatarea minorilor, folosirea lor în activitati care le-ar dauna sanatatii, moralitatii sau care le-ar pune în primejdie viata ori dezvoltarea normala sunt interzise. (4) Minorii sub vârsta de 15 ani nu pot fi angajati ca salariati. (5) Autoritatile publice au obligatia sa contribuie la asigurarea conditiilor pentru participarea libera a tinerilor la viata politica, sociala, economica, culturala si sportiva a tarii.

  • Constitution of Romania
    Държава:
    Romania

    Article 49(1) Children and young people shall enjoy special protection and assistance in the pursuit of their rights. (2) The State shall grant allowances for children and benefits for the care of ill or disabled children. Other forms of social protection for children and young people shall be established by law. (3) The exploitation of minors, their employment in activities that might be harmful to their health, or morals, or might endanger their life and normal development are prohibited. (4) Minors under the age of fifteen may not be employed for any paid labour. (5) The public authorities are bound to contribute to secure the conditions for the free participation of young people in the political, social, economic, cultural and sporting life of the country.

  • Constituição da República Portuguesa
    Държава:
    Portugal

    Artigo 69.º (Infância) 1. As crianças têm direito à protecção da sociedade e do Estado, com vista ao seu desenvolvimento integral, especialmente contra todas as formas de abandono, de discriminação e de opressão e contra o exercício abusivo da autoridade na família e nas demais instituições. 2. O Estado assegura especial protecção às crianças órfãs, abandonadas ou por qualquer forma privadas de um ambiente familiar normal. 3. É proibido, nos termos da lei, o trabalho de menores em idade escolar. Artigo 70.º (Juventude) 1. Os jovens gozam de protecção especial para efectivação dos seus direitos económicos, sociais e culturais, nomeadamente: a) No ensino, na formação profissional e na cultura; b) No acesso ao primeiro emprego, no trabalho e na segurança social; c) No acesso à habitação; d) Na educação física e no desporto; e) No aproveitamento dos tempos livres. 2. A política de juventude deverá ter como objectivos prioritários o desenvolvimento da personalidade dos jovens, a criação de condições para a sua efectiva integração na vida activa, o gosto pela criação livre e o sentido de serviço à comunidade. 3. O Estado, em colaboração com as famílias, as escolas, as empresas, as organizações de moradores, as associações e fundações de fins culturais e as colectividades de cultura e recreio, fomenta e apoia as organizações juvenis na prossecução daqueles objectivos, bem como o intercâmbio internacional da juventude. Artigo 36.º (Família, casamento e filiação) 4. Os filhos nascidos fora do casamento não podem, por esse motivo, ser objecto de qualquer discriminação e a lei ou as repartições oficiais não podem usar designações discriminatórias relativas à filiação. 6. Os filhos não podem ser separados dos pais, salvo quando estes não cumpram os seus deveres fundamentais para com eles e sempre mediante decisão judicial.

  • Constitution of the Portuguese Republic
    Държава:
    Portugal

    Article 69 (Childhood) (1) With a view to their integral development, children shall possess the right to protection by society and the state, especially from all forms of abandonment, discrimination and oppression and from the abusive exercise of authority in the family or any other institution. (2) The state shall ensure special protection for children who are orphaned, abandoned or deprived of a normal family environment in any way. (3) Labour by minors of school age shall be prohibited as laid down by law. Article 70 (Youth) (1) In order to ensure the effective enjoyment of their economic, social and cultural rights, young people shall receive special protection, particularly: (a) In education, vocational training and culture; (b) In access to their first job, at work and in relation to social security; (c) In access to housing; (d) In physical education and sport; (e) In the use of their free time. (2) The priority objectives of the youth policy shall be the development of young people’s personality, the creation of the conditions needed for their effective integration into the active life, a love of free creativity and a sense of community service. (3) Acting in cooperation with families, schools, businesses, residents’ organisations, cultural associations and foundations and cultural and recreational groups, the state shall foster and support youth organisations in the pursuit of the said objectives, as well as international youth exchanges. Article 36 (Family, marriage and filiation) (4) Children born outside marriage shall not be discriminated against on that ground; terms describing filiation that are discriminatory shall not be used by the law or by government departments. (6) Children shall not be separated from their parents unless the parents fail to perform their fundamental duties towards the children, and in that case only by judicial decision.

  • Constitution of the Republic of Poland
    Държава:
    Poland

    Article 48.1. Parents shall have the right to rear their children in accordance with their own convictions. Such upbringing shall respect the degree of maturity of a child as well as his freedom of conscience and belief and also his convictions.2. Limitation or deprivation of parental rights may be effected only in the instances specified by statute and only on the basis of a final court judgment. Article 68(...) 3. Public authorities shall ensure special health care to children, pregnant women, handicapped people and persons of advanced age.(...) 5. Public authorities shall support the development of physical culture, particularly amongst children and young persons.Article 72.1. The Republic of Poland shall ensure protection of the rights of the child. Everyone shall have the right to demand of organs of public authority that they defend children against violence, cruelty, exploitation and actions which undermine their moral sense.2. A child deprived of parental care shall have the right to care and assistance provided by public authorities.3. Organs of public authority and persons responsible for children, in the course of establishing the rights of a child, shall consider and, insofar as possible, give priority to the views of the child.4. The competence and procedure for appointment of the Commissioner for Children's Rights shall be specified by statute.

  • Constitution of the Republic of Poland
    Държава:
    Poland

    Article 48.1. Parents shall have the right to rear their children in accordance with their own convictions. Such upbringing shall respect the degree of maturity of a child as well as his freedom of conscience and belief and also his convictions.2. Limitation or deprivation of parental rights may be effected only in the instances specified by statute and only on the basis of a final court judgment. Article 68(...) 3. Public authorities shall ensure special health care to children, pregnant women, handicapped people and persons of advanced age.(...) 5. Public authorities shall support the development of physical culture, particularly amongst children and young persons.Article 721. The Republic of Poland shall ensure protection of the rights of the child. Everyone shall have the right to demand of organs of public authority that they defend children against violence, cruelty, exploitation and actions which undermine their moral sense.2. A child deprived of parental care shall have the right to care and assistance provided by public authorities.3. Organs of public authority and persons responsible for children, in the course of establishing the rights of a child, shall consider and, insofar as possible, give priority to the views of the child.4. The competence and procedure for appointment of the Commissioner for Children's Rights shall be specified by statute.

  • Konstytucja Rzeczypospolitej Polskiej
    Държава:
    Poland

    Art. 48.1. Rodzice mają prawo do wychowania dzieci zgodnie z własnymi przekonaniami. Wychowanie to powinno uwzględniać stopień dojrzałości dziecka, a także wolność jego sumienia i wyznania oraz jego przekonania. 2. Ograniczenie lub pozbawienie praw rodzicielskich może nastąpić tylko w przypadkach określonych w ustawie i tylko na podstawie prawomocnego orzeczenia sądu. Art. 68(...) 3. Władze publiczne są obowiązane do zapewnienia szczególnej opieki zdrowotnej dzieciom, kobietom ciężarnym, osobom niepełnosprawnym i osobom w podeszłym wieku.(...) 5. Władze publiczne popierają rozwój kultury fizycznej, zwłaszcza wśród dzieci i młodzieży.Art. 72.1. Rzeczpospolita Polska zapewnia ochronę praw dziecka. Każdy ma prawo żądać od organów władzy publicznej ochrony dziecka przed przemocą, okrucieństwem, wyzyskiem i demoralizacją.2. Dziecko pozbawione opieki rodzicielskiej ma prawo do opieki i pomocy władz publicznych.3. W toku ustalania praw dziecka organy władzy publicznej oraz osoby odpowiedzialne za dziecko są obowiązane do wysłuchania i w miarę możliwości uwzględnienia zdania dziecka.4. Ustawa określa kompetencje i sposób powoływania Rzecznika Praw Dziecka.

9 results found

  • Council Regulation (EU) 2019/1111 of 25 June 2019 on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction (recast)

    (39) Proceedings in matters of parental responsibility under this Regulation as well as return proceedings under the 1980 Hague Convention should, as a basic principle, provide the child who is subject to those proceedings and who is capable of forming his or her own views, in accordance with the case-law of the Court of Justice, with a genuine and effective opportunity to express his or her views and when assessing the best interests of the child, due weight should be given to those views. The opportunity of the child to express his or her views freely in accordance with Article 24(1) of the Charter and in the light of Article 12 of the UN Convention on the Rights of the Child plays an important role in the application of this Regulation. The Regulation should, however, leave the question of who will hear the child and how the child is heard to be determined by national law and procedure of the Member States. Consequently, it should not be the purpose of this Regulation to set out whether the child should be heard by the judge in person or by a specially trained expert reporting to the court afterwards, or whether the child should be heard in the courtroom or in another place or through other means. In addition, while remaining a right of the child, hearing the child cannot constitute an absolute obligation, but must be assessed taking into account the best interests of the child, for example, in cases involving agreements between the parties. Whilst, according to the case-law of the Court of Justice, it is not a requirement of Article 24 of the Charter and of Regulation (EC) No 2201/2003 that the court of the Member State of origin obtain the views of the child in every case by means of a hearing, and that that court thus retains a degree of discretion, the case-law also provides that, where that court decides to provide the opportunity for the child to be heard, the court is required to take all measures which are appropriate to the arrangement of such a hearing, having regard to the best interests of the child and the circumstances of each individual case, in order to ensure the effectiveness of those provisions, and to offer to the child a genuine and effective opportunity to express his or her views. The court of the Member State of origin should, in so far as possible and always taking into consideration the best interests of the child, use all means available to it under national law as well as the specific instruments of international judicial cooperation, including, when appropriate, those provided for by Council Regulation (EC) No 1206/2001.

    [...]

    (71) Although the obligation to provide the child with the opportunity to express his or her views under this Regulation should not apply to authentic instruments and agreements, the right of the child to express his or her views should continue to apply pursuant to Article 24 of the Charter and in light of Article 12 of the UN Convention on the Rights of the Child as implemented by national law and procedure. The fact that the child was not given the opportunity to express his or her views should not automatically be a ground of refusal of recognition and enforcement of authentic instruments and agreements in matters of parental responsibility.

  • Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection

    [...]

    (13) In accordance with the 1989 United Nations Convention on the Rights of the Child and with the Charter of Fundamental Rights of the European Union, the best interests of the child should be a primary consideration of Member States when applying this Regulation. In assessing the best interests of the child, Member States should, in particular, take due account of the minor’s well-being and social development, safety and security considerations and the views of the minor in accordance with his or her age and maturity, including his or her background. In addition, specific procedural guarantees for unaccompanied minors should be laid down on account of their particular vulnerability.

    [...]

  • Regulation (EU) 2021/1232 of the European Parliament and of the Council of 14 July 2021 on a temporary derogation from certain provisions of Directive 2002/58/EC as regards the use of technologies by providers

    Article 1

    Subject matter and scope

    1. This Regulation lays down temporary and strictly limited rules derogating from certain obligations laid down in Directive 2002/58/EC, with the sole objective of enabling providers of certain number-independent interpersonal communications services (‘providers’) to use, without prejudice to Regulation (EU) 2016/679, specific technologies for the processing of personal and other data to the extent strictly necessary to detect online child sexual abuse on their services and report it and to remove online child sexual abuse material from their services.

    2. This Regulation does not apply to the scanning of audio communications.

  • Regulation (EU) 2021/692 of the European Parliament and of the Council of 28 April 2021 establishing the Citizens, Equality, Rights and Values Programme and repealing Regulation (EU) No 1381/2013

    Article 4

    Equality, rights and gender equality strand

    Within the general objective set out in Article 2(1) and within the specific objective set out in point (b) of Article 2(2), the Programme shall focus on:

    (1) promoting equality and preventing and combating inequalities and discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation, and respecting the principle of non-discrimination on the grounds provided for in Article 21 of the Charter;

    [...]

  • Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act)

    Article 34

    Risk assessment

    1. Providers of very large online platforms and of very large online search engines shall diligently identify, analyse and assess any systemic risks in the Union stemming from the design or functioning of their service and its related systems, including algorithmic systems, or from the use made of their services.

    They shall carry out the risk assessments by the date of application referred to in Article 33(6), second subparagraph, and at least once every year thereafter, and in any event prior to deploying functionalities that are likely to have a critical impact on the risks identified pursuant to this Article. This risk assessment shall be specific to their services and proportionate to the systemic risks, taking into consideration their severity and probability, and shall include the following systemic risks:

    [...]

    (b) any actual or foreseeable negative effects for the exercise of fundamental rights, in particular the fundamental rights to human dignity enshrined in Article 1 of the Charter, to respect for private and family life enshrined in Article 7 of the Charter, to the protection of personal data enshrined in Article 8 of the Charter, to freedom of expression and information, including the freedom and pluralism of the media, enshrined in Article 11 of the Charter, to non-discrimination enshrined in Article 21 of the Charter, to respect for the rights of the child enshrined in Article 24 of the Charter and to a high-level of consumer protection enshrined in Article 38 of the Charter;

  • Regulation (EU) 2021/692 of the European Parliament and of the Council of 28 April 2021 establishing the Citizens, Equality, Rights and Values Programme and repealing Regulation (EU) No 1381/2013 of the European Parliament

    Article 1

    Subject matter

    This Regulation establishes the Citizens, Equality, Rights and Values Programme (the ‘Programme’) for the duration of the multiannual financial framework 2021-2027, as laid down in Regulation (EU, Euratom) 2020/2093.

    It lays down the objectives of the Programme, the budget for the period 2021–2027, the forms of Union funding and the rules for providing such funding.

  • Directive (EU) 2016/800 of the European Parliament and of the Council of 11 May 2016 on procedural safeguards for children who are suspects or accused persons in criminal proceedings

    Article 3 - Definitions
    ‘For the purposes of this Directive the following definitions apply:
    (1) ‘child’ means a person below the age of 18;
    (2) ‘holder of parental responsibility’ means any person having parental responsibility over a child; [...]
    With regard to point (1) of the first paragraph, where it is uncertain whether a person has reached the age of 18, that person shall be presumed to be a child.‘
    Article 4 - Right to information
    ‘1. Member States shall ensure that when children are made aware that they are suspects or accused persons in criminal proceedings, they are informed promptly about their rights [...].‘
    Article 5 - Right of the child to have the holder of parental responsibility informed
    ‘1. Member States shall ensure that the holder of parental responsibility is provided, as soon as possible, with the information that the child has a right to receive in accordance with Article 4. [...]‘
    Article 6 - Assistance by a lawyer
    ‘1. Children who are suspects or accused persons in criminal proceedings have the right of access to a lawyer [...].‘
    Article 7 - Right to an individual assessment
    ‘1. Member States shall ensure that the specific needs of children concerning protection, education, training and social integration are taken into account.
    2. For that purpose children who are suspects or accused persons in criminal proceedings shall be individually assessed. The individual assessment shall, in particular, take into account the child's personality and maturity, the child's economic, social and family background, and any specific vulnerabilities that the child may have. [...]‘
    Article 10 - Limitation of deprivation of liberty
    ‘1. Member States shall ensure that deprivation of liberty of a child at any stage of the proceedings is limited to the shortest appropriate period of time. Due account shall be taken of the age and individual situation of the child, and of the particular circumstances of the case.
    2. Member States shall ensure that deprivation of liberty, in particular detention, shall be imposed on children only as a measure of last resort. Member States shall ensure that any detention is based on a reasoned decision, subject to judicial review by a court. Such a decision shall also be subject to periodic review, at reasonable intervals of time, by a court, either ex officio or at the request of the child, of the child's lawyer, or of a judicial authority which is not a court. Without prejudice to judicial independence, Member States shall ensure that decisions to be taken pursuant to this paragraph are taken without undue delay.
    Article 12 - Specific treatment in the case of deprivation of liberty
    ‘1. Member States shall ensure that children who are detained are held separately from adults, unless it is considered to be in the child's best interests not to do so.
    2. Member States shall also ensure that children who are kept in police custody are held separately from adults, unless:
    (a) it is considered to be in the child's best interests not to do so; or
    (b) in exceptional circumstances, it is not possible in practice to do so, provided that children are held together with adults in a manner that is compatible with the child's best interests. [...]
    5. When children are detained, Member States shall take appropriate measures to:
    (a) ensure and preserve their health and their physical and mental development;
    (b) ensure their right to education and training, including where the children have physical, sensory or learning disabilities;
    (c) ensure the effective and regular exercise of their right to family life;
    (d) ensure access to programmes that foster their development and their reintegration into society; and
    (e) ensure respect for their freedom of religion or belief.
    The measures taken pursuant to this paragraph shall be proportionate and appropriate to the duration of the detention. [...]‘

  • European Council’s Working Party on Human Rights (COHOM), EU Guidelines for the Promotion and Protection of the Rights of the Child (2017)
  • Directive 2014/66/EU of the European Parliament and of the Council of 15 May 2014 on the conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer

    Article 1 - Subject-matter
    ‘This Directive lays down:
    (a) the conditions of entry to, and residence for more than 90 days in, the territory of the Member States, and the rights, of third-country nationals and of their family members in the framework of an intra-corporate transfer; [...]
    Article 19 - Family members
    1. Directive 2003/86/EC shall apply in the first Member State and in second Member States which allow the intra-corporate transferee to stay and work on their territory in accordance with Article 22 of this Directive, subject to the derogations laid down in this Article.
    2. By way of derogation from Article 3(1) and Article 8 of Directive 2003/86/EC, family reunification in the Member States shall not be made dependent on the requirement that the holder of the permit issued by those Member States on the basis of this Directive has reasonable prospects of obtaining the right of permanent residence and has a minimum period of residence.
    3. By way of derogation from the third subparagraph of Article 4(1) and from Article 7(2) of Directive 2003/86/EC, the integration measures referred to therein may be applied by the Member States only after the persons concerned have been granted family reunification.
    4. By way of derogation from the first subparagraph of Article 5(4) of Directive 2003/86/EC, residence permits for family members shall be granted by a Member State, if the conditions for family reunification are fulfilled, within 90 days from the date on which the complete application was submitted. The competent authority of the Member State shall process the residence permit application for the intra-corporate transferee's family members at the same time as the application for the intra-corporate transferee permit or the permit for long-term mobility, in cases where the residence permit application for the intra-corporate transferee's family members is submitted at the same time. The procedural safeguards laid down in Article 15 shall apply accordingly.
    5. By way of derogation from Article 13(2) of Directive 2003/86/EC, the duration of validity of the residence permits of family members in a Member State shall, as a general rule, end on the date of expiry of the intra-corporate transferee permit or the permit for long-term mobility issued by that Member State.
    6. By way of derogation from Article 14(2) of Directive 2003/86/EC and without prejudice to the principle of preference for Union citizens as expressed in the relevant provisions of the relevant Acts of Accession, the family members of the intra-corporate transferee who have been granted family reunification shall be entitled to have access to employment and self-employed activity in the territory of the Member State which issued the family member residence permit.‘

6 results found

  • Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families, Committee on the Rights of the Child, Joint general comment No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members...
  • Committee on the Rights of the Child General comment No. 15 (2013) on the right of the child to the enjoyment of the highest attainable standard of health (art. 24)
  • Committee on the Rights of the Child General comment No. 17 (2013) on the right of the child to rest, leisure, play, recreational activities, cultural life and the arts (art. 31)
  • Committee on the Rights of the Child, General comment No. 14 (2013) on the right of the child to have his or her best interests taken as a primary consideration (art. 3, para. 1 )
  • Committee on the Rights of the Child, General comment No. 20 (2016) on the implementation of the rights of the child during adolescence
  • Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families, Committee on the Rights of the Child, Joint general comment No. 3 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members...