Take part in a one-to-one session and help us improve the FRA website. It will take about 30 minutes of your time.
YES, I AM INTERESTED NO, I AM NOT INTERESTED
This section provides an overview of international and EU legal and policy provisions.
UNICEF defines a child protection system as:
‘[c]ertain formal and informal structures, functions and capacities that have been assembled to prevent and respond to violence, abuse, neglect and exploitation of children. A CP [child protection] system is generally agreed to be comprised of the following components: human resources, finance, laws and policies, governance, monitoring and data collection as well as protection and response services and care management. It also includes different actors – children, families, communities, those working at subnational or national level and those working internationally. Most important are the relationships and interactions between and among these components and these actors within the system. It is the outcomes of these interactions that comprise the system’ [1] UNICEF, United Nations High Commissioner for Refugees, Save the Children and World Vision (2013), A Better Way to Protect All Children: The theory and practice of child protection systems, conference report, p. 3. .
Child protection has historically focused on particular issues or on specific groups of vulnerable children. This approach can serve the needs of a targeted group. However, it is also subject to important limitations.
Children may have multiple protection problems. Fragmented child protection interventions deal with a single problem. They fail to provide a comprehensive solution to children’s diverse needs. Focusing on selected issues alone, or on particular groups of children, is neither sustainable nor effective.
An integrated child protection system places the child at the centre and endorses and promotes the provisions of the CRC. The system bases its work on the rights and obligations enshrined in the CRC. It aims to ensure that all essential actors and systems – education, health, welfare, justice, civil society, community and family – work together to prevent abuse, exploitation, neglect and other forms of violence against children. It also aims to protect and assist children in these situations.
The 2006 UN Secretary-General’s study on violence against children recommends that ‘all States develop a multifaceted and systematic framework to respond to violence against children which is integrated into national planning processes.’ An integrated, systemic approach to child protection benefits all children. It can respond to various situations a child might encounter.
This section presents the main features of integrated child protection systems and recent developments in the EU.
The scopes of national child protection systems differ. The systems are designed based on needs, resources allocated and cultural, social and historical factors. However, child protection systems share some common features and face common challenges. The Box below presents their key components.
10 principles for integrated child protection systems
Source: European Commission (2015), ’10 principles for integrated child protection systems’.
EU Member States are obliged to protect children from all forms of violence. They should, therefore, adopt the appropriate legislative, administrative, social and educational measures to effectively protect children. This obligation derives from international and European human rights legal documents, above all the CRC (Articles 3 and 19; see Box below) and the Charter (Article 24; see following Box).
The CRC
Article 3
Article 19
The Charter
Article 24 – The rights of the child
The EU strategy on the rights of the child, adopted in 2021, aims to support children to develop their potential as engaged and responsible citizens. While implementing this strategy, EU legislation has evolved both to reflect the CRC’s and the Charter’s provisions and language on the rights of the child and to reiterate the best interests of the child (see UN CRC General Comment No. 14 (2013)). The best interests of the child are a right, a principle and a rule of procedure, according to the UN Committee on the Rights of the Child. In addition, the EU strategy on victims’ rights (2020–2025) demonstrates the EU’s commitment to better protecting children through a specific legal framework.
In its Conclusions on the EU strategy on the rights of the child (2022), the Council of the European Union called on the Member States to strengthen cooperation and coordination between all relevant authorities and stakeholders. The Council called on them to increase their:
‘efforts to prevent and combat all forms of violence against children, in particular by:
It also highlighted the need to work together to improve and address child protection needs in emergency situations and to develop effective and viable alternatives to the detention of children during migration. It called on Member States to strengthen their justice systems, in particular by providing the necessary support services to children during and after proceedings, for as long as the children need them. There is a need to promote interdisciplinary service cooperation to support the child in the best way before, during and after proceedings, the conclusions also note. The Council called for the provision of protection from existing and emerging risks in the digital environment by focusing on, for example, digital literacy, privacy and online safety.
The EU strategy on combatting trafficking in human beings (2021–2025) calls on Member States to strengthen child protection systems. ‘[T]he threat of being trafficked remains high for any vulnerable person’, it underlines.
The theme of the 14th European Forum on the Rights of the Child (2022) was ‘bringing children to the centre: empowering, protecting and including children’. It focused on monitoring and reporting on progress made under the EU strategy, while exchanging information on new developments and initiatives.
The European care strategy also addresses the three EU social headline targets for employment, skills and the reduction of poverty. The social headline targets also affect children, as they include the revised Barcelona targets for childhood education and care. The revision of the Barcelona targets recommendation is part of the 2020–2025 gender equality strategy. It builds on other EU initiatives such as the Council recommendation on early childhood education and care, the EU strategy on the rights of the child and the Council recommendation on the European child guarantee.
The EU’s legal and policy provisions promote the entire UN framework for protecting children and promoting children’s rights. The CRC (1989) is the key document providing the fundamental basis of protection of the rights of the child. Accompanying general comments provide guidance on the application of concrete rights.
For example, general comment No. 5 (2003) provides guidance on the measures required to effectively implement the convention. General comment No. 13 (2011), on the right of the child to freedom from all forms of violence, emphasises the importance of interpreting children’s rights broadly and inclusively to ensure comprehensive protection and support. Interpreting general comment No. 13 is particularly important in the digital age.
General comment No. 25 (2021) on children’s rights in relation to the digital environment provides guidance on some legislative, policy and other measures. It aims to ensure compliance with obligations under the CRC and the optional protocols in light of the opportunities, risks and challenges of promoting, respecting, protecting and fulfilling all children’s rights in the digital environment.
An integrated child protection system that emphasises prevention must adopt a children’s rights approach, not a welfare approach. This requires holistic CRC implementation. General comment No. 25 builds on the foundation of the CRC, recognising the evolving nature of children’s rights in the digital environment. It addresses the prevention of digital violence and emphasises the need to protect children from harm online.
Together, these general comments highlight the commitment of the UN Committee on the Rights of the Child to safeguarding children’s rights not only in traditional settings but also in the ever-expanding digital landscape, where new challenges and opportunities continually emerge.
The Council of Europe issued guidelines on integrated national strategies for the protection of children from violence in 2009. The guidelines are in line with the recommendations of the UN Committee on the Rights of the Child.
Table 1 provides an overview of the primary institutions responsible for child protection in the EU Member States. The data show whether there is a primary institution for child protection or the system is more diversified. A diverse system includes several national authorities sharing responsibilities in areas related to child protection. Examples include social protection, education and judicial rights.
Table 1 – Primary institutions responsible for child protection, by EU Member State
EU Member State
Primary institution responsible for child protection
Austria
Austrian Federal Chancellery (Bundeskanzleramt), Section VI: Family and Youth (Sektion VI: Familie und Jugend)
Belgium
n/a
Bulgaria
State Agency for Child Protection (Държавна агенция за закрила на детето)
Croatia
Ministry of Labour, Pension System, Family and Social Policy (Ministarstvo rada, mirovinskoga sustava, obitelji i socijalne politike)
Cyprus
Ministry of Labour (Τμημα Εργασιασ)
Czechia
Ministry of Labour and Social Affairs (Ministerstvo práce a sociálních věcí)
Denmark
Ministry of Social Affairs, Housing and Senior Citizens (Social-, Bolig- og Ældreministeriet)
Estonia
Ministry of Social Affairs (Sotsiaalministeerium)
Finland
Ministry of Social Affairs and Health (Sosiaali- ja terveysministeriö; Social- och hälsovårdsministeriet)
France
Germany
Greece
Hungary
Ministry of Interior (Belügyminisztérium)
Ireland
Child and Family Agency (Anghníomhaireacht um Leanaí agus an Teaghlach)
Italy
Latvia
Ministry of Welfare (Labklājības ministrija)
Lithuania
Ministry of Social Security and Labour (Socialinės apsaugos ir darbo ministerija), Family and Child Rights Protection Group (šeimos ir vaiko teisių apsaugos grupė)
Luxembourg
Malta
Child Protection Directorate
Netherlands
Ministry of Justice and Security (Ministerie van Justitie en Veiligheid), Youth Protection (Jeugdbescherming), and the Ministry of Health, Welfare and Sport (Ministerie van Volksgezondheid, Welzijn en Sport)
Poland
Children’s Rights Ombudsman (Rzecznik Praw Dziecka)
Portugal
National Commission for the Promotion of the Rights and the Protection of Children and Young People (Comissão Nacional de Promoção dos Direitos e Proteção das Crianças e Jovens)
Romania
National Authority for the Protection of Children’s Rights and Adoption (Autoritatea Națională pentru Protecția Drepturilor Copilului și Adopție)
Slovakia
Ministry of Labour, Social Affairs and Family of the Slovak Republic (Ministerstvo práce, sociálnych vecí a rodiny Slovenskej republiky)
Slovenia
Spain
Ministry of Social Rights and Agenda 2030 (Ministerio de Derechos Sociales y Agenda 2030)
Sweden
Ombudsman for Children in Sweden (Barnombudsmannen)
NB: n/a = not applicable.
Source: FRA, 2023.