The Council of Europe’s Strategy for the Rights of the Child was created after broad consultation with NGOs and children.  It identifies five priority areas for the implementation of children’s rights:

• equal opportunities
• participation
• life free from violence
• child-friendly justice
• children’s rights in the digital environment

Implementation of the Strategy is monitored by the Ad Hoc Committee for the Rights of the Child (CAHENF). The Committee is made up of a 47 representatives, one from each member state, and uses the Charter? as a guide.

The European Social Charter provides for the protection of social rights, including areas such as housing, employment, health, education and non-discrimination.

The Charter exists in two forms: the original 1961 European Social Charter and the revised 1996 European Social Charter. The United Kingdom has ratified the original Charter but not the revised version. The United Kingdom also has opted out from several of the original Charter’s provisions.

Some of the articles of the European Social Charter apply to parents but are highly relevant to children – such as the provisions on the right to maternity leave, pay and protection from dismissal as a result of pregnancy.

However, the Charter also makes specific provision for children and young people’s rights, including:

• Right of children and young people to protection in employment (Article 7) - including a prohibition on child labour by setting 15 years old as the minimum age of employment, and special protections for young workers between 15 and 18 years old.
• Right to vocational guidance (Article 9)
• Rights of the family, including to an adequate standard of living (Article 16)
• Right of children and young people to grow up in an environment which encourages the full development of their personality and of their physical and mental capacities (Article 17(1))
• Right of children and young people to social, legal and economic protection (Article 17(1))
• Right to free primary and secondary education (Article 17(2))
• Rights of migrant children (Article 19)

 A factsheet on children’s rights under the European Social Charter is available here.

 Implementation of the European Social Charter is monitored by the European Committee of Social Rights. The Committee is made up of 15 independent experts who assess whether national law and practice is consistent with the European Social Charter. The Committee uses two mechanisms to monitor compliance: 

1. Reports from States
2. Collective Complaints Procedure – this allows trade unions and certain NGOs to submit complaints to the Committee. However, such complaints can only be brought against states that have ratified the Additional Optional Protocol to the Charter. The United Kingdom has not ratified this protocol.

The European Convention on Human Rights (ECHR) was drafted in 1950 and protects a wide range of rights.

The Human Rights Act 1998 brought the ECHR into UK law. This means that public bodies have to respect the rights under the ECHR and violations of these rights can be challenged before UK courts. Read more about the Human Rights Act here. [link to our page on HRA]

The majority of rights set out in the ECHR are general rights applicable to everyone, including children. These include:

• right to life (Article 2)
• right to be free from torture, cruel or inhuman treatment (Article 3)
• right to a fair trial (Article 6)
• right to respect for private and family life (Article 8)
• right to freedom of expression (Article 10)
• right not to be discriminated against (Article 14)

However, the ECHR also makes several specific references to children, including: 

• a provision restricting the right to a public hearing where this is in the interests of a child or young person involved in the case (Article 6(1))
• a right to education (Article 2 of Protocol No. 1)

 Implementation of the ECHR is overseen by the European Court of Human Rights (ECtHR). Individuals can bring a case before the Court if they believe their rights have been violated. However, the Court will only hear cases if the individual can show: 

1. that they have exhausted domestic remedies (i.e. have raised the case in a national court and appealed this as high as they could go but without success)
2. that they filed their complaint to the ECtHR within 6 months of the final decision by a domestic court; and
3. that they suffered significant disadvantage because of the alleged violation of their ECHR right(s).

The ECHR has decided many cases involving children’s rights. The majority of these cases allege violations of Article 3 (right to be free from inhuman and degrading treatment), Article 6 (fair trial) and Article 8 (private and family life). When making a decision, the ECtHR may refer to the UNCRC but it is not bound to do so.

 A factsheet on children’s rights in ECtHR case law is available here.

The Lanzarote Convention requires states to criminalise all kinds of sexual offences against children and protect child victims. It is based around the “four Ps”:

• Prevention
• Protection
• Prosecution
• Promotion

All 47 Council of Europe member states have signed the Lanzarote Convention, including the United Kingdom. However, the United Kingdom has not ratified the Convention. The report of the 2017 Universal Periodic Review contained several recommendations that the UK ratify the Lanzarote Convention. However, in its response, the UK Government merely “noted” these recommendations but did not “support” them. 

The Lanzarote Convention is overseen by the Lanzarote Committee. The Committee has two main roles:

1. Monitoring implementation of the Convention; and
2. Capacity-building and sharing good practice.

The Istanbul Convention establishes measures aimed at combating violence against women and girls, including domestic violence. It is structured around the “four Ps”:

• Prevention
• Protection
• Prosecution
• Integrated Policies

The Istanbul Convention views child witnesses of domestic violence as victims in their own right. It contains special provisions aimed at addressing their situation. 

A factsheet on children’s rights under the Convention is available here.

The United Kingdom has signed the Istanbul Convention but has not ratified it. The report of the 2017 Universal Periodic Review included several recommendations that the United Kingdom take steps to ratify the Convention. In its response, the UK Government reported that it “supported” these recommendations. The Scottish Government supported ratification of the Istanbul Convention by the UK Government in its 2017-18 Programme for Government.   

Implementation of the Convention is monitored by the Group of Experts on Action against Violence against Women and Domestic Violence (GREVIO). The group is made up of 10 independent experts.

The Convention against Trafficking in Human Beings criminalises all forms of trafficking and protects victims of trafficking, including child victims. It is structured around the “four Ps”:

• Prevention
• Prosecution
• Protection
• Partnership

The United Kingdom ratified the Convention on 17^th April 2008. 

Implementation of the Convention is monitored by the Group of Experts on Action against Trafficking in Human Beings (GRETA). The Group is made up of 15 independent experts.