The Rights of Children in the EU∗

Abstract

The European Communities (later EU) were primary an economic integration and the EEC Treaty (1957) had no specific provisions neither on the rights of children nor on human rights in general. The rights of children were neglected for a long time. The rights of child in the EU were for recognized the first time in the field of free movement rules. Later, the children’s rights emerged in the area of freedom, security and justice (FSJ) in terms of protection of children from trafficking and sexual exploitation of violence. The legal protection of children was based on the concept of the child as a vulnerable and passive person – an object. The aim of this paper is to give an overview of the evolution of the rights of children in the EU. The paper shall first examine the evolution of the rights of children in the context of the freedom of movement. Secondly, it shall present legal protection of child in the area of freedom, security and justice. Thirdly, it shall consider the child in the context of EU Citizenship under which they were perceived as citizens in statu nascendi. Fourthly, it shall consider the child in the context of human rights protection with special reference to the Charter of Fundamental Rights of the EU. Fifthly, it shall discuss whether the Lisbon Treaty could be the basis for the adoption and development of the ‘’EU children policy’’ which should ensure that the best interest of the child be taken into account in all policies of the EU. Finally, we will deal with the rights the children of migrants. In the last chapter we will briefly mention the rights of children of immigrants and children as (or of) asylum seekers. This is a ‘’burning’’ issue in the EU.