Children’s right to physical integrity
Reply to Recommendation
| Doc. 13463
| 24 March 2014
- Author(s):
- Committee of Ministers
- Origin
- Adopted
at the 1195th meeting of the Ministers’ Deputies (19 March 2014). 2014 - Second part-session
- Reply to Recommendation
- : Recommendation 2023
(2013)
1. The Committee of Ministers has carefully
examined Recommendation 2023 (2013) on “Children’s right to physical
integrity”. It has communicated it to the relevant bodies of the
Council of Europe.
Note
2. The Committee of Ministers would underline that the practices
mentioned in Resolution 1952 (2013) are by no means comparable,
as female genital mutilation is clearly prohibited by international
law. It falls within the scope of Article 3 of the European Convention
on Human Rights and, under the Council of Europe Convention on Preventing
and Combating Violence against Women and Domestic Violence, is among
the most serious violations of human rights of girls and women.
It can, in no way, be put on an equal footing with practices such
as the circumcision of young boys for religious reasons, the practice
of which is not the subject of similar legal provisions. Whilst
the resolution does warn that there are distinctions to be made,
the Committee of Ministers notes that the formulation of this text
is susceptible to cause confusion.
3. The Committee of Ministers notes that protection for children
against the risks of non-medically justified operations and interventions
is provided by existing international instruments, which address, inter alia, the participation of
children in decisions concerning their welfare, and the role of
their parents. These include, in particular the United Nations Convention
on the Rights of the Child and Council of Europe instruments, such as
the European Convention on the Exercise of Children's Rights (ETS
No. 160), Articles 7 (right of children and young persons to protection)
and 17 of the European Social Charter (right of children and young
persons to social, legal and economic protection) as well as Recommendation
Rec(84)4 on parental responsibilities, Recommendation CM/Rec(2012)2
on the participation of children and young people under the age
of 18 and the 2010 Guidelines on Child-Friendly Justice. The Committee
considers that, for the present, further standard-setting work is
not required.
4. Finally, the Committee of Ministers would inform the Assembly
that in 2013 a certain amount of information was collected, through
the delegations of the Bioethics Committee (DH-BIO), on the legal
situation of member States regarding male circumcision. In the replies
received, it could be noted that many countries pay particular attention
to the conditions in which such interventions are carried out in
order to limit any risks to the health and well-being of the child.
The Committee of Ministers would like to stress the importance of
this question.
