Source: European Parliament
Both Directive (EU) 2024/1385[1] and the Council of Europe Istanbul Convention[2] consider children who have witnessed domestic violence as victims of said violence themselves.
Specific requirements of protection and support under both instruments include specialised, age-appropriate medical and psychosocial care, as well as child-sensitive provision of shelters.
The directive requires Member States to ensure that authorities have access to relevant information when assessing the best interests of the child in civil proceedings concerning them, though decisions on parental custody lie with Member States, and to take the risk of child abuse when assessing the victims’ protection needs[3].
In case an offender has rights of access, Member States must create safe spaces where such access can take place, under the supervision of trained professionals, where appropriate.
The recommendation on integrated child protection systems[4] calls on Member States to set up special support and early intervention programmes for child victims, their family and other caregivers as soon as the competent authorities have any indication of violence.
The Citizens, Equality, Rights and Values (CERV)[5] programme funds activities such as the establishment of help centres and child helplines[6], improving accessibility of services for victims of gender-based violence and domestic violence, training for professionals and exchanges of best practices at EU level.
The Justice Programme[7] also supports the protection of children through child-friendly justice by strengthening capacities of specialised staff so that they are able to access child-friendly procedures[8], and raise awareness of concerned children, before, during and after judicial proceedings.
- [1] Directive — EU — 2024/1385 — EN — EUR-Lex https://eur-lex.europa.eu/eli/dir/2024/1385/oj/eng
- [2] Council of Europe Convention on preventing and combating violence against women and domestic violence https://rm.coe.int/168008482e
- [3] Directive 2024/1385, Article 16(3), https://eur-lex.europa.eu/eli/dir/2024/1385/oj/eng
- [4] Commission Recommendation (EU) 2024/1238 adopted 23 April 2024 on developing and strengthening integrated child protection systems in the best interests of the child at https://eur-lex.europa.eu/legal-content/EN/AUTO/?uri=celex:32024H1.238
- [5] Regulation (EU) 2021/692 of the European Parliament and of the Council of 28 April 2021 establishing the Citizens, Equality, Rights and Values (CERV) Programme and repealing Regulation (EU) No 1381/2013 of the European Parliament and of the Council and Council Regulation (EU) No 390/2014, OJ L 156, 5 May 2021, 1-21 (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2021:156:TOC).
- [6] Child Helpline International (https://childhelplineinternational.org/) funded under the CERV programme, provides mental health support to children. This support can include emotional, psychological, and sometimes legal support for children who contact the helpline.
- [7] Regulation (EU) 2021/693 of the European Parliament and of the Council of 28 April 2021 establishing the Justice Programme and repealing Regulation (EU) No 1382/2013 (OJ L 156, 5.5.2021)- provides funding opportunities for stakeholders working to protect children and their rights in the area of justice.
- [8] Under an indirect management grant under the European Commission’s justice programme to the Council of Europe, a joint European Commission and Council of Europe project will help to better protect children.