91998E1014

WRITTEN QUESTION E-1014/98 by Wilmya Zimmermann (PSE) to the Commission (6 April 1998)

Subject: Problems concerning the freedom of movement in the EU for foreign children fostered by German families

Foreign foster children often do not have the same status as their foster parents. This is frequently the case with the children of asylum-seekers or foreign nationals' children who have not been issued with passports by their States of origin (including some EU Member States). This commonly causes difficulties with regard to the freedom of movement (when crossing national borders).

1. How is it planned to resolve this problem within the EU?

2. To what extent will the solution take account of the UN Convention on the Rights of the Child, the Hague Convention on adoption or the proposal for a European convention on the right to family life drawn up by the European Coordination for the Right of Foreign Nationals to Family Life (25, bld de Bonne Nouvelle, F-75002 Paris)?

Answer given by Mrs Gradin on behalf of the Commission (17 June 1998)

The Commission shares the Honourable Member's concern about free movement of foreign children legally resident or temporarily in the Community.

In this respect, Article 2 of the Schengen Agreement provides that internal borders may be crossed at any point without any checks being carried out.

Action has been also taken for instance to facilitate the free movement of school children from third countries travelling within the Community.

Three directives ((OJ C 306, 17.11.1995, OJ C 289, 31.10.1995 and OJ C 307, 18.11.1995. )) proposed by the Commission on 24 August 1995 which seek to improve free movement within the Community also touch upon free movement of third country nationals legally resident in the Community.

The United Nations Convention on the rights of the child adopted in 1989, which provides a common framework of commitment to children's rights to be developed by the Member States in their national legal systems, and the Hague Convention of 1993, which deals with the setting up of a cooperation mechanism for taking care throughout the adoption procedure that the higher interest of a child is safeguarded, do not contain specific provisions on movement of foster children travelling within the Community.

The proposal for a convention on the right to family life drawn up by the European coordination for the right of foreign nationals to family life, as currently drafted, focuses on family reunion and does not address specifically the issue of foster children.