MAKING ENLARGEMENT WORK FOR EVERY CHILD, EVERYWHERE

1.Entry points in EU accession process 2.Children’s Rights in the EU today 3.Promising practices – learning from disability rights 4.Making a case for an ‘inclusive accession process’

Enlargement ‘Enlargement …..a powerful tool for societal transformation’ out of 4 EU member states – former ‘accession candidates’ ‘EUROPEANISATION’ Disability Rights Child Rights

Croatia: 28 th member Turkey: negotiating (2005): 13 chapters opened/1 ‘closed’ - ‘Positive Agenda’ ( 2012) Iceland: negotiating (2010): 27 chapters opened/11 ‘closed’ Montenegro: candidate (2010), negotiating (2012): screening process (chapter ) 2 chapters opened/2 ‘closed’ Macedonia: SAA (2001), candidate (2005), EC recommends negotiations (2009) Serbia: SAA (2008), candidate ( March 2012), pre-screening (chapter 23+24) Albania: SAA (2006) – candidate status ? Bosnia Herzegovina: SAA (2008) – not yet ratified Kosovo: Feasibility Study (2012) – negotiating framework (2013) ‘Race to Brussels’ – years Copenhagen Criteria Verena Knaus - UNICEF Brussels4

EU Member State 4) Accession Treaty Formal Negotiations (35 Chapters) Screening Process The ‘Avis’ (Opinion) EU Commission Questionnaire 3) Candidate Status 2) Application for Membership SAA enters into force 1) SAA signed (Interim Agreement) Feasibility Study Key Entry Points IPA Verena Knaus - UNICEF Brussels5 Progress Reports EP Resolution

 Dominant Themes:  Violence/Exploitation  Juvenile Justice  Education (access, discrimination, Roma)  Institutionalised care  Cross-cutting  Roma inclusion  Children’s rights mechanisms/(Ombudsperson)  Legislative changes (laws, conventions)  Secondary:  Health and Social Welfare (Roma, disabilities)  Poverty  Asylum/migration (children of migrants) Children in the Progress Report

European Parliament Resolutions (2011)

What is the ‘EU acquis’?  all European Union legislation in force today (Union Treaties, legislation, case law of Court of Justice, international agreements, resolutions, guidelines, …)  2,815,000 documents (dating back to 1951)  every year ~ 12,000 new documents added 3 5 chapters 17 chapters relevant to children  Judiciary & Fundamental Rights (23)  Justice, Freedom and Security(24)  Social Policy & Employment (19)  Consumer & Health Protection (28)  Information Society & Media (10)  Education and Culture (26) 18 chapters ‘nothing to report” Children in the EU acquis?

Questionnaire Montenegro’s Answers Human Rights Human Rights : 135 pages # 96: ‘Elaborate on the legislative and administrative structures in place to ensure effective protection of the rights of the child’ (23 pages) Chapter 23: Judiciary & Fundamental Rights ‘How is domestic violence against children treated in your legislation and in judicial practice? Provide information on legislation covering the treatment of socially vulnerable and disabled persons and the principle of non-discrimination Chapter 19: Social Policy & Employment Describe the main principles & mechanisms..(..) of the Social Protection Systems Provide an overview of allowances, benefits and services…including social protection for people with disabilities.

 TURKEY: Chapter 19: Social Policy & Employment, Sept 2006, (2 meetings, 14 pages) Chapter 19: Social Policy & Employment, Sept 2006, Screening Report: Social inclusion Policy relevant qualitative and quantitative indicators on social inclusion and poverty, including regional data, are needed … A national integrated strategy on promoting social inclusion needs to be developed. Attention should be paid to …… improve access to education for children with disabilities. Screening process Montenegro: Screening of legislation, institutional capacities, policy & reform programmes March 2012: Chapters : EC: sends questionnaires & prepares ‘screening reports’ Gov: convenes Working Groups & prepares ‘Action Plans’

CHILD RIGHTS IN THE EU?  Treaty of Lisbon: 1 st explicit reference to children in EU Treaties Art. 3 obligation ‘to promote the protection of the rights of the child’ Art 6 (1)Charter of Fundamental Rights legally binding all new EU legislation/measures – Fundamental Rights Check  Charter of Fundamental Rights: Art. 24best interest principle right to protection and care as necessary for a child’s well-being  UN Convention on the Rights of Persons with Disabilities  EU Framework for National Roma Integration Strategies’

‘regulatory patchwork’ limited EU competencies most EU provisions vague and optional – ‘soft law’ Fundamental Rights Check – EU legislation only EU internal: EU Agenda on the Rights of the Child (2011) – limited ‘Action Plan’ EU external: ‘Strategic Framework’ & ‘Action Plan’ (2012) – campaigns What can we learn from Disability Rights? State of play

‘’EU Agenda ‘European Disability for Rights of the Child’Strategy’ no date (aligned with EU2020) n/aEU Agency for Development in Special Needs Education ANED (Academic Network of European Disability) 11 Priority Areas of Actions Action Plan: 8 priority areas list of ‘action items’ e.g education & training social protection health external action ‘continue implementation of ‘EU Guidelines on the Protection & Promotion of the Rights of the Child’ ‘evaluate the implementation’ ‘implement EU Guidelines on Children and Armed Conflict’

 ‘consolidate …’network of disability focal points’ in EU Delegations  ‘increase awareness of EU staff on disability matters’  Ensure progress is made by candidate/potential on promoting rights of persons with disabilities  ‘promote that (EU funded) infrastructure meets accessibility requirements’  ‘ensure…. accession funds are used to improve situation’ Disability Action Plan: external action Promising Practices

INCLUSIVE ACCESSION PROCESS EUCRCCRPD NATURAL ALLIES

 ‘inclusion’ & ‘equity’ a ‘right’ and a ‘means’ of realising other rights  Inclusion goes beyond (EU) integration  added cost of ‘retrofitting’ buildings = retrofitting ‘institutions’  ‘universal design’ of EU accession process = benefit ALL  Children with disabilities – ultimate test of ‘success’ Win-Win

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