European Parliament resolution on international adoption in the European Union

Adoptie in de EU: belangen van kinderen beschermen en de rechten van ouders verdedigen

Het recht van ouders om een kind uit een ander Europees land te adopteren moet worden verdedigd, terwijl de kinderen die door Europese burgers geadopteerd worden, beschermd moeten worden. Daarom willen Europarlementsleden de Commissie maandag naar maatregelen vragen, om het recht op internationale adoptie binnen de EU te waarborgen. Zo zou voorkomen moeten worden dat in de steek gelaten kinderen noodgedwongen in weeshuizen leven. Woensdag stemmen de leden over een resolutie over dit onderwerp.

MOTION FOR A RESOLUTION

B7‑0029/2011

12.1.2011

further to Question for Oral Answer B7‑0670/2010

pursuant to Rule 115(5) of the Rules of Procedure

on international adoption in the European Union

Roberta Angelilli, Manfred Weber, Simon Busuttil, Edit Bauer on behalf of the PPE Group

The European Parliament,

– having regard to the United Nations Convention on the Rights of the Child, adopted by the UN General Assembly on 20 November 1989, in particular Article 21,

– having regard to the

Convention on the Protection of Children and Cooperation in Respect of Inter-Country Adoption (signed at The Hague in 1993) and to the European Convention 25 January 1996 on the Exercise of Children's Rights (ETS No. 160),

– having regard to the European Parliament Resolution on improving legislation and cooperation among member states on adoption of children (A4-0392/1996),

– having regard to the European Parliament Resolution 16 January 2008 on an EU strategy on children's rights (2007/2093 (INI)),

– having regard to the question of 16 December 2010 to the Commission on international adoption in the European Union (O-0193/2010 – B7 0670/2010),

– having regard to Rules 115(5) and 110(2) of its Rules of Procedure,

A. whereas the views differ throughout the Member States as to the principles which should govern child adoption, the adoption procedures and the legal consequences of adoption,

B. whereas the acceptance of common revised principles and practices with respect to the adoption of children would help to reduce the difficulties caused by the differences in national legislations and at the same time promote the interests of children who are adopted,

C. whereas in Europe the problem of abandoned children is becoming more serious and urgent and to meet this emergency it is important to protect the right of a child to be adopted also at international level to prevent children from being forced to live in orphanages,

D. whereas there are conventions in force on child protection and parental responsibilities, notably: the European Convention of 1967 on the adoption of minors, aiming to approach the laws of Member States where adoption involves moving the child from one country to another, and the 1993 Convention on the Protection of Children and Cooperation in Respect of Inter-Country Adoption,

E. whereas, with the entry into force of the Lisbon Treaty, the European Charter of Fundamental Rights has become binding: according to Article 24, 'Children shall have the right to such protection and care as is necessary for their well-being'. Furthermore, Article 3 of the Lisbon Treaty states that the 'protection of the rights of the child' falls within the objectives of the Union,

F. whereas the violation of the rights of children, violence against them and child trafficking for illegal adoption, prostitution, illegal labour, forced marriage, and begging on the streets or for any other illegal purpose, remain a problem in the EU,

G. whereas the best interests of the children are of paramount importance,

1. Calls on exploring the possibility of coordinating at European level the politics and strategies related to the instrument of the international adoption, in accordance with the UN Convention on the Rights of the Child and other international standards, to improve assistance in information services, preparation for inter-country adoption, processing of application procedures for international adoption, and post-adoption services, bearing in mind that all international conventions relating to the protection of the rights of the child recognises the right of orphaned or abandoned children to have a family and be protected;

2. Calls for a creation of a monitoring mechanism at European level to provide an overview of the functioning of the national systems;

3. Considers that adoption in the child’s country of origin or by finding a family through international adoption, must be performed in accordance with relevant national legislation and international conventions, and that placement in an institution should be used only as a temporary solution; an alternative family care solution, such as foster care, could be taken into consideration;

4. Urges Member States and the Commission, in cooperation with the Hague Conference, the Council of Europe, and children’s organisations to develop a framework to ensure transparency and effective monitoring of the development of the abandoned and the adopted children and to coordinate their actions so as to prevent child trafficking;

5. Urges Member States to pay particular attention to children with special needs, such as children who require medical care and disabled children;

6. Recognises that birth certificates help to protect a child against violations based on doubts over age or identity; believes that a reliable system of birth registration can curb illegal adoption;

7. Calls on all EU institutions and all Member States to participate actively in the fight against illegal adoption;

8. Instructs its President to forward this resolution to the President of the European Council, the Council, the Commission and the parliaments and governments of the Member States.