Protection of Children in Armed Conflicts under EU Law

The protection of children's rights stands as a fundamental responsibility of both individual states and the global community. The Declaration of the Rights of the Child, adopted by the United Nations General Assembly, encapsulates this principle, declaring that "children represent the future and development of humanity, but due to their physical and mental immaturity, they require special care and attention, including appropriate legal protection, both before and after birth." Given the significance of children’s well-being, it is unsurprising that human rights frameworks, at every level, have incorporated provisions to safeguard their rights. An examination of these frameworks reveals two primary approaches: general human rights instruments that include children within their scope, and specialized documents designed solely to address the unique needs and rights of children. 

The achievements of the European Union (EU) are deeply rooted in its treaty-based framework, which serves as the foundation for its actions in this domain. As a distinctive international organization, the EU draws its guiding principles from Article 2 of the Treaty on European Union (TEU). These principles encompass “respect for human dignity, freedom, democracy, equality, the rule of law, as well as respect for human rights, including the rights of persons belonging to minorities.” These values are shared by Member States in a society founded on pluralism, non-discrimination, tolerance, justice, solidarity, and equality between women and men." Meanwhile, Article 3(3), second sentence, of the Treaty states that "It shall combat social exclusion and discrimination and shall promote social justice and protection, equality between women and men, solidarity between generations, and the protection of children's rights." Furthermore, under Article 6 TEU, the EU has established a system for protecting rights, primarily based on the Charter of Fundamental Rights of the European Union and the general principles derived from the case law of the Court of Justice of the European Union (CJEU). According to Article 24 of the Charter:

“1. Children shall have the right to such protection and care as is necessary for their well-being. They may express their views freely. Such views shall be taken into consideration on matters which concern them in accordance with their age and maturity.2. In all actions relating to children, whether taken by public authorities or private institutions, the child’s best interests must be a primary consideration.3. Every child shall have the right to maintain a personal relationship and direct contact with both parents on a regular basis, unless that is contrary to their interests”.

In addition to these provisions, the Treaties also include specific provisions relating to the protection of children’s rights in certain situations, such as Article 83 TFEU.

Within its competences, the EU pursues to protect children’s rights on two primary levels. Internally, the EU focuses on ensuring children’s rights within its territory, as outlined in the treaties. Externally, the EU emphasizes protecting children in the international sphere, often by including supplementary clauses in agreements that aim to safeguard children’s rights.

In its internal framework, the EU has enacted binding legislation targeting the protection of children’s rights in specific contexts. These efforts include ensuring children’s rights to family upbringing, providing decent social conditions and measures aimed at protecting children from violence, cruelty, exploitation, corruption, neglect, and mistreatment. Separate legal regulations have been adopted by the EU to address the specific need to protect the rights of migrant and refugee children.

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