Toespraak Franco Frattini over de bescherming van kwetsbare groepen (en)

SPEECH/07/663

Vice President Franco Frattini

European Commissioner responsible for Justice, Freedom and Security

"Emerging issues of access to justice for vulnerable groups, in particular migrants and asylum seeker, children, including - children perpetrators of crime "

Council of Europe: 28 th Conference of the European Ministers of Justice

Lanzarote, 25-26 October 2007

We pride ourselves in Europe on protecting our citizens and providing access to justice. But how do we ensure access to justice -legal proceedings but also fairness and opportunities - for all, including vulnerable groups?

I believe in Europe we have taken action - through legislation, practical measures, and funding. The protection of vulnerable groups is not an independent issue but built into everyday policy work - such as health, education or external relations. Our work constantly adapts to new challenges and must be based on the full respect of fundamental rights.

Children make up around a third of the EU's population. I took the initiative for the development of a Strategy on children's rights. This will include for example immigration, civil justice, fighting trafficking, labour and sexual exploitation, violence, racism and discrimination,

As regards the protection of children from sexual exploitation the Council of Europe and the European Commission's work are complementary. The 2003 Framework Decision on combating the sexual exploitation of children and child pornography aims to improve judicial and law enforcement co-operation. Six EU Member States have not yet fulfilled their obligation to transpose the text. This is too much. I hope the Reform Treaty will make the Court of Justice fully competent to monitor the correct application of this important instrument. This will help tackle poor national implementation of previously agreed legislation, and ultimately protect vulnerable groups.

Preventing parents taking the law into their own hands and abducting their children must also be a priority. We must monitor the correct application at national level of the so called "Brussels IIa Regulation". As the 'Guardian of the Treaties' the Commission is committed to the correct application of EC Law.

A child's right to be heard is enshrined in Article 12 of the UN Convention on the Rights of the Child. This is also reflected in our legislation. The active involvement of the child in proceedings strengthens the child's access to justice.

Moreover, work on family life must be in the best interest of the child. If things go wrong our proposal on maintenance creditors must especially help children, including in cross-border situations.

Asylum seekers are vulnerable, often with shocking experiences. The first stage of the Common European Asylum System (CEAS) is complete. Member States must ensure their procedures are accessible to migrant and asylum seekers, including the right to contest negative decisions. Legislation announced this week [23 October] to tackle those who employ illegal immigrants and, improve the basic socio-economic rights of all third-country migrant workers seek to protect the most vulnerable.

But, legislation is only part of the answer.

Practical co-operation is essential. Often police and judicial co-operation is facilitated by Europol and Eurojust. We also work with the private sector - Internet Service Providers and credit card companies - to tackle child pornography. An expert meeting to fight such cyber crime will take place in November.

There is evidence that those who experience crime in childhood, have a higher risk of becoming criminals themselves when they grow up. We must protect vulnerable children from crime. Firstly for their own sake. But also for the benefit of the whole of society.

Member States agreed to implement the 116 000 hotline number for missing children as soon as possible. But so far only three have done this. This is not acceptable.

The recent rescue of a boy in France in less than 24 hours shows also the value of the Child Alert Systems. This system should be extended to the Member States which do not have it now.

As regards, they migrants can only realise their full potential if they are given opportunities to integrate into the host society and economy. This is a top priority. Within a group sections can be even more vulnerable: Such as minority ethnic elders. The Commission has funded projects to tackle social exclusion, racism, age and poverty. And the asylum procedures Directive requires staff to take account of vulnerability for example of women asylum seekers.

The Commission financially supports vulnerable groups' access to justice: In the financial period 2007-2013 we have allocated

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  116 million euros in The Daphne II Programme to combat violence against children and women.
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  95 million euros in the programme on Fundamental Rights for children's rights.
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  106,400 million euros for the civil justice programme which includes work for vulnerable groups.
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  Almost 4 billion euros for migration. This includes 700 million euros for asylum seekers.

In conclusion, the Commission's motto is 'United in Diversity'. I think this is appropriate for today's world. We must be united in a positive approach. It is possible to address emerging issues if we have a strong European identity. An identity based on the full respect for fundamental rights and access to justice for all.

I wish you a good conference and I regret not to be present.