5. RESULTADOS Y DISCUSION
5.1. Evolución de temperatura y la humedad durante el co-compostaje de residuos
As far back as 1977, during the first European Conference on family law, which took place in Vienna, the topic of adoption was already discussed under: “Measures to integrate children in a new family (legitimation, affiliation, adoption, fostering of children, etc)”. In the conclusions of this Conference, it was stated that “The Conference proposed that the Council of Europe should consider: i. the re-examination (whether in the context of the European Convention on the Adoption of Children or otherwise) of certain topics, notably: - the consent of parents, - the revocability of adoption, - the alternatives to “adoption plénière”, and adoption after death…”.
Furthermore, the social and legal changes that have occurred since the 1960s as well as the newly available medical techniques have contributed to European States revising their existing laws and drafting new ones in order to meet the needs of a changing society.
For instance Sweden denounced the European Convention on the adoption of children in July 2002 owing to a Swedish law which allows homosexual couples living within the framework of a registered partnership to be considered for the purposes of a possible adoption.
At its 35th meeting in 2002 the CJ-FA proposed that the CDCJ entrust it with examining the 1967 European Convention on the Adoption of Children (ETS No. 58) with a view to reviewing and updating this Convention as many of its provisions were outdated and contradictory to the case-law of the European Court of Human Rights. Following the approval of the CDCJ, the CJ-FA established a Working Party in early
2003 with the task of producing a report containing detailed proposals for the revision of the 1967 Convention in the light of the replies received from 23 member states and from the International Social Service (ISS) to its questionnaire on adoption. This final activity report was presented to the CDCJ in 2004 which invited the Working Party to continue its work and start the drafting of a revised Convention on the adoption of children on the basis of the proposals contained in the report. However due to budgetary restraints the meetings of the Working Party were temporarily postponed.
At its plenary meeting in March 2006, in accordance with the Action Plan of the Third Summit of Heads of State and Government, the CDCJ stated that funds were now available for the work of the CJ-FA and the Working Party to continue and underlined that the Committee of Ministers also supported this work. The CDCJ stressed that the revision of the Convention on Adoption of Children was a priority, recommending adoption of this revised Convention in 2007.
The Working Party on adoption thus met twice in 2006 when it drafted the revised text of the Convention and its explanatory report on the basis of the final activity report.
The aim of the revised Convention, which is complementary to the Hague Convention on Protection of Children and Co-operation in respect of Intercountry Adoption of 1993, is to harmonise the substantive law of the member states by setting minimum rules on adoption. The Contracting Parties are of course free to go further by providing more favourable conditions than those set out in the revised Convention. The standards laid down in the proposed text of the new Convention go further than those contained in the 1967 Convention as they meet the requirements of modernity and are in line with the case-law of the European Court of Human Rights.
The paramount consideration of the Convention is the principle of the best interests of the child.
The draft Convention on the adoption of children (revised) was approved by the CDCJ in February 2007 and adopted by the Committee of Ministers in May 2008. The convention will be opened for signature in November 2008, in Strasbourg, on the occasion of the handover of the Swedish chairmanship of the Committee of Ministers to Spain. Several member states have already welcomed this development and expressed their readiness to ratify the convention in the near future.
In its 2006 meeting the CDCJ expressed the view that the area of family law was an appropriate sphere for initiating the evaluation and monitoring process due to many changes in legislation and practice of member states that took place in this field over the last 20 years. The Committee underlined that the development of the case-law of the European Court of Human Rights makes the need to review some of the legal instruments of the Council of Europe in family law even more evident.
The CDCJ decided that an independent expert should be engaged to evaluate the existing Council of Europe instruments in the field of family law with a view to presenting the result of this study for examination to the CJ-FA in November 2006.
evaluation of the Council of Europe legal instruments in the field of family law. The report explores the Council’s role in the field of family law and in particular how its work relates to that of other international bodies; the different types and purpose of the instruments produced and the question of ratifications and accessions of the Council’s instruments. It also presented an evaluation of the Council’s existing family law instruments and the relevant case-law of the European Court of Human Rights and its possible impact on the Council’s future work.
Publication of this report has been authorised and the CDCJ has invited the Bureau to examine Professor Lowe’s report and express its opinion as regards the results of this monitoring exercise with a view to enable a reflection about this and other possible methods the CDCJ could apply when monitoring the implementation of legal instruments within its fields of competence.
The last meeting of the Convention committee on the Custody Convention (T-CC) took place on 6-7 June 2006. The Committee is composed of the representatives of the Central Authorities appointed by the Contracting States who meet in order to study and facilitate the functioning of the Convention. The Committee has in the past met nine times, the previous meeting having taken place in February 2000.
At this meeting, the T-CC began to review the implementation of the Custody Convention on the basis of the replies to a questionnaire distributed to Central Authority representatives and the representatives from non-Contracting States. In particular it examined the issue of reservations in respect of the Custody Convention, in order to consider the grounds for maintaining existing reservations and the difficulties which might arise with regard to national law in Contracting States if they were to withdraw these reservations. The T-CC will also prepare an updated version of the information document for the attention of the Central Authorities which contains, in particular, details on internal procedures of Contracting States for implementing the Convention.
The first meeting of the Standing Committee on the European Convention on the Exercise of Children's Rights (T-ED) took place on 8-9 June 2006. The T-ED was set up under the provisions of the European Convention on the Exercise of Children's Rights (ETS. No.160) which entered into force on 1st July 2000. The Standing Committee is composed of the representatives of the Central Authorities appointed by the Contracting States who meet in order to study and facilitate the functioning of the Convention.
At this meeting the T-ED fulfilled its task of reviewing the problems relating to the Convention in accordance with Article 16 by holding an exchange of views on the developments in the field of exercising rights of children The T-ED recognised that it was premature at its first meeting to consider possible amendments to the Convention in accordance with its Article 20.