No more children held hostages in Germany and Austria
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Dear President of the European Parliament,
Dear President of the European Commission,
Dear Commissioners and Members of the European Parliament,
As you already know, in binational separations or divorces, when non German or non Austrian fathers and mothers are concerned, they are almost systematically pushed aside and then deprived of any contact with their children by a German or Austrian administration (Jugendamt and Family Court) which uses inequitable, shameful means, which they denounce regularly, often supported by national and European members of parliament.
For twenty years, thousands of French-German, Italian-German, Spanish-German children, etc. have been abandoned in the hands of Germany and Austria. Their rights, as expressed by the EU Charter of Fundamental Rights, the Hague Convention, the European Convention on Human Rights and other international conventions, are ignored and scoffed. The parents of these children are scattered throughout Europe and beyond.
They are terrorized by threats and blackmail of these member countries of the European Union. Disarmed, ruined, destroyed by a Kafkaesque system, they are then considered "isolated cases" in their country of origin and by European institutions, and eventually stigmatized and criminalized.
Whether the children live in Germany (or Austria) at the time of the separation or they have been removed from their country of residence and held as hostages in Germany or in Austria, the German and Austrian parents benefit from the support of the authorities of their country. Sometimes they are often even forced by them to cut any contact between their children and their non German or non Austrian ex partner.
Moreover, as you know, the European Commission on Petitions is regularly seized of petitions by hundreds of parents which put their last hopes in the institutions of the European Union.
On April 1st, 2014, during the last session of the last legislature of the European Commission on petitions, 24 more petitions of parents against the Jugendamt have eventually been examined, even if they had previously been cancelled upon the request of German MEPs. In spite of all the displayed efforts so that these petitions were put back to the agenda, this session finally gave place to a shameful masquerade and the members of the European Commission, who must always be present in these debates, did chose not to attend.
The passive attitude which the European Union and other member countries have against these exactions encourage them to claim openly today that the article 24 of the European Charter is not applicable in Germany or even that the principle of subsidiarity is applicable only when non German or not Austrian people are concerned.
Indeed, there are two weights, two measures. Germany and Austria do not react in the same way when it is about binational children who are in Denmark or if the question regards children who live in Germany or Austria. In the first case, these two countries assume they have the necessary authority to intervene in the motive that it is a violation of the fundamental rights. In the second one, in order to legalize an actual "taking hostage", they state that family law lies outside the legal competence of the EU (principle of subsidiarity) and that no other state must be able to comment on legal or illegal "domestic" decisions of these states.
We, the citizens of Europe, expect that the new Presidents, all European Commissioners and the European Members of Parliament watch that the fundamental rights of their citizens are respected and punish heavily member countries who violate the rights of children.
The European citizenship cannot be indefinitely proposed as a reason to persuade people to vote in times of crisis, if the only concern of the European Union is financial.
It is thus unthinkable to believe that the founding member states of Europe cannot find the occasion to restore their credit and to show the importance which they give to citizens and their fundamental rights.
For these reasons, we ask you :
- to take publicly the commitment to intervene with the German and Austrian governments which, unlike Denmark, ratified the Hague Convention and the regulation N° 2201/2003 (called Brussels II bis), so that they stop definitively these organized «legal abductions» of children.
- to take any possible measure to force these member countries of the European Union to respect children and their fundamental rights. These children have two parents and two cultures. It is advisable to maintain without limitation their two languages, their two cultures and the links which these children are entitled to have with their two parents, their two families and their two homelands.
- your support by taking with no more delay the necessary steps aiming at starting a procedure of infringement against Germany, against Austria, and against all the partner countries who do not respect the European Charter of the fundamental rights, who violate systematically the human rights Convention and break the life of thousands of children and their non national parent and family.
- we also ask you to inform your own jurisdictions, your own services of police, your own social services and all your administrative departments which have the competence to intervene in family cases, about the behaviour of these "partners" so that in the future, the decisions that they will take may not any more contribute to break the life of thousands of children and parents.
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