Activities of Caterina CHINNICI related to 2021/2060(INI)
Shadow reports (1)
REPORT on the protection of the rights of the child in civil, administrative and family law proceedings
Amendments (19)
Amendment 1 #
Motion for a resolution
Citation 4
Citation 4
— having regard to the UN Convention on the Rights of the Child, in particular article 35 thereof,
Amendment 3 #
Motion for a resolution
Citation 9 a (new)
Citation 9 a (new)
— having regard to 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,
Amendment 6 #
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
— having regard to the Hague Convention of 29 May 1993 on Protection of Children and Co-operation in Respect of Intercountry Adoption,
Amendment 7 #
Motion for a resolution
Citation 12 a (new)
Citation 12 a (new)
— having regard to the European Parliament resolution of 6 October 2021on the impact of intimate partner violence and custody rights on women and children,
Amendment 12 #
Motion for a resolution
Recital -A (new)
Recital -A (new)
-A. Whereas an increasing number of children and adolescents come into contact with the judicial system in civil, administrative and family law areas, mainly due to the increase in the number of divorces and separations, but also because of adoption, migration, etc.;
Amendment 17 #
Motion for a resolution
Recital A
Recital A
A. whereas children and adolescents have the right to be heard and, to express their views, and to participate in any proceedings concerning their well-being and future life arrangements;
Amendment 19 #
Motion for a resolution
Recital B
Recital B
B. whereas participation in court and administrative proceedings should not cause additional trauma or stress for the child and Member States should, therefore, set up multidisciplinary panels in courts or specialised sections to create an environment that does not incite fear in children involved in legal proceedings, in order to minimise the psychological and emotional impact that such circumstances may cause; Whereas multidisciplinary panels should be composed of childcare specialists, in order to accompany the child in the best possible way throughout the entirety of proceedings, in particular the most vulnerable children such as children with disabilities or migrants;
Amendment 22 #
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas children in the home and family environment, in a situation where there is conflict between parents, may be victims of ‘witnessed violence’ through experiencing any form of ill treatment carried out through acts of physical, verbal, psychological, sexual and economic violence against reference figures or other affectively significant figures; whereas such violence has very serious consequences for the psychological and emotional development of the child, and whereas it is therefore essential to pay due attention to such types of violence at the hearing of the child in separations and foster care cases, ensuring that the best interests of the child are the primary consideration;
Amendment 23 #
Motion for a resolution
Recital C
Recital C
C. whereas the Member States are obliged to establish procedural safeguards, guarantees and rules which govern hearings of the child; whereas these provisions differ greatly between the Member States howeverand therefore minimum procedural safeguards should be established at EU level also in civil matters, as already provided for in criminal matters, in particular as regards the way in which children are heard in civil, administrative and cross border family law proceedings;
Amendment 40 #
Motion for a resolution
Recital K
Recital K
K. whereas children involved in cross- border civil and family law disputes should enjoy the same rights and level of protection in all Member States, procedural guarantees and minimum standards in order to protect the child in all Member States, as established by the Directive (EU) 2016/800;
Amendment 44 #
Motion for a resolution
Recital L
Recital L
L. whereas every child has a right to know and be cared for by their parents; whereas in the case of separation, every child has a right to maintain personal relations and direct contact with both parents on a regular basis, unless it ison a regular basis with both parents, as well as with relatives in each parental branch, if the parents are unavailable or, failing that, with a reference figures chosen by him or her, unless the competent authorities determine that this would be contrary to the child’s best interests;
Amendment 57 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Underlines that in all proceedings concerning the child’s well-being and future life arrangements, the rights of the child should be respected and implemented in full and the best interests of the child should be given priority in accordance with Article 24 of the Charter of Fundamental Rights of the EU;
Amendment 61 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. strongly recommends that the Member States establish multidisciplinary panels in courts or specialised sections composed of support services consisting of trained professionals, such as doctors or psychologists, including professionals qualified in child neuropsychiatry and specialised social workers, as well as prepare appropriate laws, training, procedures and guidelines for all professionals involved in legal proceedings involving children;
Amendment 63 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Commission to presentpare, without undue delay, a set of common guidelines or similar non- legislative tool, which should includen impact assessment with a view to propose a directive laying down procedural guarantees and minimum standards at EU level, in particular with regard to how to conduct hearings of children in civil, administrative and family law matters, and in the meantime to present a set of common guidelines, codes of conduct, recommendations and best practices for the Member States to follow in order to ensure that the hearing of the child is conducted either by a judge or trained expert and that no pressure is applied, including from the parents; stresses that such hearings, in particular in the examination of cases of child custody and foster care in separation and divorce proceedings, as well as in asylum applications, should take place in a child-friendly setting and be appropriate for the age and maturity of the child in terms of language and content, while providing for all guarantees that ensure the emotional integrity and the best interests of the child are respected and ensuring that the competent authority gives due consideration for the child’s views in accordance with their age and maturity;
Amendment 67 #
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. stresses that the hearing of the child, especially in cases of suspected domestic or family violence and ‘witnessed violence’, should always be conducted in the presence of qualified professionals, doctors or psychologists, including professionals qualified in child neuropsychiatry, in order to analyse the effect of trust in others on the harmonious development of the child and to avoid deepening their trauma and victimisation;
Amendment 82 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Member States to enablguarantee access to high-quality legal representation for children involved in civil, administrative and family disputes, at the expense of the state especially when parents do not exercise full parental responsibility or when there is a suspicion that their interests may conflict with the best interests of the child;
Amendment 98 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Member States to effectively enforce judgments in cross- border family disputes concerning children, especially in cases related to cross-border parental child abductions and decisions related to the recognition of parenthood of same-sex coupless well as in cases of separation, divorce, adoption, asylum application and decisions related to the recognition of parenthood of same-sex couples always taking into account the best interests of the child in line with Article 24 of the Charter of Fundamental Rights of the EU and Article 35 of the UN Convention on the Rights of the child;
Amendment 109 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes that the United Kingdom no longer participates in cooperation under the Brussels IIa Regulation and Maintenance Regulation; calls on the Commission to urgently assess the need to adopt a bilateral toolmost appropriate means, including a bilateral tool, to address the existing legal uncertainty between the EU and the United Kingdom in the field of civil, administrative and family proceedings concerning children;
Amendment 111 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission, in this regard, to take due consideration of Parliament’s resolution of 2 February 2017 on cross-border aspects of adoptions, and reiterates its call for, including the annex thereto providing for the adoption of a regulation on the cross-border recognition of adoption orders, in order to create a clear legal framework and provide families with the necessary legal certainty for an adoption order legally issued in one Member State to be recognised in another;