The European Convention on the Exercise of Children's Rights (1996) sets out the specific protection which should be afforded to children, defined in Article 1, paragraph 1, as those under the age of 18. The Convention, which was opened for signature in January 1996, came into force following its third ratification in July 2000.

The object of the Convention, stated in Article 1, paragraph 2, is to, in the best interests of the child, promote children's rights, grant them procedural rights and facilitate the exercise of these rights by ensuring that children are allowed to participate in proceedings affecting them before a judicial authority. A ‘judicial authority' is defined by Article 2 (a) as a court or an administrative authority having equivalent powers. It could therefore potentially apply to authorities making immigration decisions on the children's rights, although states by Declaration have largely confined its scope to family proceedings in domestic courts.[1] The Convention provides procedural rights for children which include the right to be informed and to express their views in proceedings and the right to apply for the appointment of a special representative. The Convention also sets out safeguards in relation to the role of judicial authorities and the treatment of children such as an obligation to ensure that children have received all the relevant information and have been allowed to express their views; and a duty to act speedily. The Convention also covers other areas such as the role of national bodies to promote children's rights.

A Standing Committee was established under Article 16 of the Convention to keep under review problems relating to the Convention; consider questions on the interpretation and implementation of the Convention, make recommendations, propose amendments to the Convention and advise national bodies promoting children's rights.

In January 2000 the Parliamentary Assembly of the Council of Europe made statements in relation to international adoption of children. They called on States to put children's rights first where such adoptions are concerned. The Assembly urged the Committee of Ministers to insist that member states of the Council of Europe subscribe to international principles on adoption in particular that international adoption should only be considered where alternative domestic solutions are not available. The Parliamentary Assembly also put forward mechanisms to combat trafficking of children which included: strengthening adoption procedures in countries of origin and monitoring, and preparing parents in the receiving countries by making them aware of the adopted children's rights.[2] In 2001 the Committee of Ministers adopted a Recommendation on the protection of children against sexual exploutation which covers child trafficking, prostitution and pornography (see 8.11-Migration and Crime).

[1] See for the text of all Declarations

[2] See Press Release