Proposal for amendments to ENOC Statutes Article 3

Proposal for amendments to ENOC Statutes

Article 3. 2 (Article 3 “Organisation of ENOC”): The General Assembly consists of all full members. While members are in fact the independent institutions for children, they are represented within ENOC by the person who holds the mandate or their delegated representative. Both the General Assembly and the Bureau have decision-making powers within ENOC. The General Assembly can delegate decision-making to the Bureau in conformity with article 11. 3. 7. → Amendment of Article 3. 2: change the last sentence to read: “in conformity with article 11. 3” Article 11. 3 (Article 11 Bureau of ENOC): 11. 3 Under the leadership of the Chairperson, the Bureau is collectively responsible for: 11. 3. 1 co-ordinating the Network and keeping full and associate members informed of its work, 11. 3. 2 ensuring relations with other relevant bodies and organisations in the field of children’s rights on the international level, 11. 3. 3 organising the annual meeting of the General Assembly, 11. 3. 4 reviewing and making recommendations to the General Assembly on applications for membership, 11. 3. 5 developing strategies to further strengthen ENOC and increase its visibility, 11. 3. 6 overseeing the administration of any funds or assets of the Network, 11. 3. 7 carrying out any other mandate given by the General Assembly, 11. 3. 8 the representation of ENOC in cases before the court as either plaintiff or defendant.

Article 6 (Rights and responsibilities of full members): 6. 1 All full members have equal status within ENOC. All have the right to fully participate in the work and decision-making of the Network. 6. 2 All full members have the right to submit a proposal or a request related to the work of ENOC to the General Assembly and/or the Bureau. 6. 3 All full members have the right to present themselves as a candidate for the position o Chairperson, Secretary or Treasurer of ENOC or to propose another full member as a candidate fo these positions. 6. 4 All full members of ENOC are expected to attend the annual meeting of the General Assembly. 6. 5 All full members undertake to submit an update on their activities for the annual meeting of the General Assembly and to provide updated information as necessary for ENOC’s website. 6. 6 Full members are expected to promote ENOC and its aims in all appropriate activities. They ma only represent ENOC with the prior agreement of the Bureau. → Amendment: insert the following new paragraph in Article 6: 6. 7 Full members are required to inform the Bureau immediately of any changes in the legislation establishing the institution or other developments which may affect their fulfilment of the criteria for full membership set out in Article 4. Explanation The Statutes already require under Article 5. 3 that the membership status of those accepted as associat members is reviewed by the Bureau every three years (because a condition of associate membership is that th institution demonstrates that it is “actively seeking to meet” the criteria for full membership (Article 5. 1). Given moves in some states to change the status, function or powers of institutions which are full members the Bureau believes there should be this obligation to inform the Bureau immediately of such changes.

Article 10. 4 (Article 10 General Assembly): At its meetings, the General Assembly follows a decision-making process based on the principle of consensus. No decisions shall be made at a meeting of the General Assembly unless a quorum is present. The quorum is two thirds of the full members of ENOC. In instances when it is not possible to reach a consensus, a vote can be held, requiring a two thirds majority of those full members present and voting. → Amendment to Article 10. 4: insert at end: “Decisions concerning policy statements to be issued by ENOC will be made by consensus; dissenting members may register a reservation. ” Explanation Article 10. 4 already implies that decision-making should be based on the principle of consensus. This seems particularly important in relation to policy statements which ENOC issues from time to time. But the Bureau also felt that it should not be possible for a single member or very small minority of members to block a policy statement. It notes that all policy statements must be in line with ENOC’s overall mandate which is to facilitate the promotion and protection of the rights of the child, as formulated in the Convention on the Rights of the Child (Article 1). So if only one or two members dissent, they can register a reservation to the statement.

Article 11. 2 (Article 11 Bureau of ENOC): The Chairperson-elect, Secretary and Treasurer of ENOC are elected by the General Assembly during its annual general meeting. The Chairperson-elect is elected for a non-renewable one-year term and begins his/her functions at the beginning of the following annual general meeting of the General Assembly. The Secretary and Treasurer are elected for a one-year term and may be reelected for a maximum of two further consecutive terms (three years in all). They take up their post immediately following election. → Amendment to Article 11. 2 Insert at end: “Where a member of the Bureau is unable for whatever reason to carry out his/her functions, the Bureau may fill the post until the next annual meeting with a former member of the Bureau. ” Explanation The Statutes do not at the moment provide for any replacement of members who are unable to continue to carry out their functions. Given the importance of the Bureau’s functions, this seems wrong. In the current year ENOC’s previous President, Dominique Versini, was unable to continue as a member of the Bureau because her post as Defenseur des Enfants was abolished. The Bureau informally asked Emily Logan to fill the position temporarily, but feels there should be provision for this in the Statutes.

Other issues discussed at the Working Group:

Article 4 (Membership): There are two categories of membership of ENOC – full and associate. Full membership of ENOC is open to independent children’s rights institutions within Council of Europe memberstates which meet all of the following criteria: The institution is established through legislation approved by parliament, which provides for its independence. The institution has the function of protecting and promoting children’s rights. This function is established through legislation. There are no provisions in the legislation which limit the institution’s ability to set its own agenda in relation to this function, or which prevent it carrying out significant core functions suggested in the Paris Principles and ENOC’s Standards (see annex 1). The institution must include or consist of an identifiable person or persons concerned exclusively with the protection and promotion of children’s rights. . . . Explanation: Portugal expressed concerns as to the “exclusiveness” criteria of article 4, point 4 and proposed to delete it as it would unduly exclude institutions that are part of a general Ombudsman office (and not a separate one) but nevertheless have a very specific focus on child rights and also the mandate, powers and experience to ensure, in practice, an effective protection of the rights of the child. The rest of the WGSS did NOT not supported the idea to abolish or to make more flexible the “exclusiveness” criteria.

Article 8 (Resignation and dismissal): A full or associate member of ENOC can resign at any time by submitting a letter of resignation to the Bureau. Full or associate members may be dismissed by decision of the General Assembly, after they have been given an opportunity to be heard by the General Assembly, on the grounds that: if a full member: • the institution no longer meets the criteria for full membership set out in article 4; • the institution has not attended three consecutive annual meetings if a full or associate member: • the institution has brought or may bring ENOC into disrepute. Allows for the dismissal of a full or associate member by the General Assembly in case an ENOC member acts in violation with CRC principles and commitments or ENOC Standards → in such a case the Bureau should first seek explanation from the concerned member before a further action is taken.

Discussions on the ENOC Standards

v Strengthening the independence of institutions v Safeguarding ALL rights of ALL children v Identifiable person in charge of children’s rights v Appointments process: the appointment, re-appointment and removal of ombudspersons should not be under the control of government. v Financial independence v Pursuing individual cases and investigations: all institutions should have strong investigative powers v Children’s involvement with ENOC member-institutions v Making children’s ombudspersons more visible