Childrens' Rights

Early Christmas at home for Jessica

Father and grandfather Edward McMillan-Scott (see panel, right) has vowed to continue fighting for the rights of the hundreds of children across Europe who are abducted or who are denied a voice in tug-of-love cases, like Jessica Ferguson.

Edward with Jessica and her mother Stacey

He said children should be allowed their say at court and, when necessary, provided with independent legal help – the concepts introduced by the UK Children Act in 1989 but unheard-of elsewhere in Europe.

Mr McMillan-Scott – Vice-President of the European Parliament - spoke after visiting the Scunthorpe home of eight-year-old Jessica Ferguson and her mother Stacey, who took the child away from Spain after the relationship with Jessica’s father – a 59-year-old Benidorm night-club owner - had collapsed. The MEP supported the successful Jessica’s Voice campaign, which called for her wishes to be considered even though the High Court ruled that she should return to live with her Spanish father.

The MEP, who gave Jessica a karaoke machine as an early present, said: “Jessica's voice is certainly going to be heard loud and clear this Christmas. But, seriously, it took a long time for anybody to listen to Jessica. Other people were deciding what was best for her. Children should be allowed to have their say in court and if necessary provided with independent legal assistance.”  Read more

Background

Edward McMillan-Scott - who has handled several similar tug-of-love cases - accompanied Jessica's mum Stacey Ferguson as she handed a petition in to Number 10 Downing Street from people in Scunthorpe and surrounding area calling for Jessica to be allowed to stay in the UK.

Testimony from Jessica's blog:http://www.jessicasvoice.org.uk/

"Also Edward! what can I say......I asked Jessica a week or so ago after watching the news if she knew that Tony Blair was no longer Prime minister she replied "no" I then asked her if she knew who the new Prime minister was (thinking that they would have discussed it at school). She then replied promptly "Edward" when I said no, she didn't even give me chance to say Gordon Brown before she piped up "well I think it should be Edward he's lovely".........And you know what it might not be a bad idea this is a man who has a heart and that's all I want to say on the subject. Thank you Edward we will never forget you!"  - Stacey, Jessica's mother.

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Problems with the German childrens' agency


On 7 June 2007, the European Parliament's Petitions Committee met in Brussels to discuss a number of petitions criticising the handling of child abduction cases by the German federal Jugendamt. The meeting was attended by petitioners, their legal representatives, the Jugendamt and the European Commission.  The Commission asked the Jugendamt to provide a written submission in order for the Commission to issue a formal reply to the petitioners. In any event, committee chairman Marcin Libicki concluded that in some cases the Jugendamt may have infringed EU law and recommended an own-initiative report be drafted by his committee.

  • For the full Angelilli Report, please click here.
  • European Parliament child's rights rapporteur interviewed on UN Children's Day more...
  • Edward's speech during the debate on "Towards an EU strategy on the rights of the child "   click here

External links:

 Eurochild is an active network of organisations and individuals working in and across Europe to improve the quality of life of children and young people. Eurochild’s work is underpinned by the principles enshrined in the United Nations Convention on the Rights of the Child - click here for more..

PACT's mission is to fight parental child abduction and to help the police locate and retrieve missing children, click here

  The  leading UK charity specialising in international parental child abduction, click here

Parents, children and grandparents victims of international and administrative child abductions click here

 

Edward's campaign

Over 130,000 children go missing in the UK each year and 400 children are abducted by a parent across EU frontiers. Each case is tragic, but Edward McMillan-Scott - whose wife Henrietta is on the Law Society's childrens panel - is campaigning for "best practice" - so that the EU sets up a US-style Amber Alert system for missing kids - and that a tug-of-love child can be heard in court and may be legally represented.

Edward and his family

Watch Edward's intervention in plenary on Angelilli's Report on the EU Strategy on the Rights of the Child


Law firm backs Edward

In 2006 Edward McMillan-Scott initiated a pro bono report into the operation of EU and international child abduction mechanisms from major law firm, Freshfields Bruckhaus Deringer. The report on Parental Abduction of Children (November 2006) examines in particular the weaknesses of the EU’s Brussels II Regulation – which superseded the international 1980 Hague Convention within the EU (in Britain in 2005) on cross-frontier child abduction - and recommends a number of actions. Seven out of the 12 cases examined at random concern Germany (see Problems with German child agency below).

Commissioner Frattini at the European Forum on the Rights of the Child

EU governments hold child forum

'A European Forum for the Rights of the Child' took place in Berlin on 4 June 2007 under the German EU presidency (January – July 2007) which examined EU policy towards children's rights. This forum brought together Member States, Ombudspersons for children, Council of Europe, Unicef, NGOs, civil society and others to share expertise, information, results and good practices in order to develop them further.

MEP hearing discusses child rights

On 17 April 2007 a European Parliament hearing 'Towards an EU strategy on the Rights of the Child' was organised by rapporteur Roberta Angellili MEP and attended by parents, EU officials, NGOs and a childrens' panel. The hearing involved the seven European Parliament committees which are examining the July 2006 Communication. Commissioner Frattini spoke. At McMillan-Scott’s suggestion, Anne-Marie Hutchinson OBE, a London solicitor and chairman of the child abduction charity Reunite gave a presentation on the loopholes of the current European legal system regarding parental abduction of children.