Content and Previous Advice
With the aim of better protecting family and private life, the initiators want to include a provision in the Constitution with this bill. In 2024, the Advisory Division issued advice on an earlier version of this proposal. Following this advice, the initiators amended the bill. A new third paragraph was added to the relevant article concerning the interests of the child and the position of the parents, and a new fourth paragraph with specific criteria for child protection measures. The Advisory Division was asked to advise on these two new parts of the bill.
Deviations from the International Convention on the Rights of the Child
The Advisory Division notes in its advice that the new third paragraph about the interests of the child and the position of the parents deviates in some points from the International Convention on the Rights of the Child. For example, the third paragraph only mentions parents, while the Convention also considers legal guardians or others legally responsible for the child. It advises aligning with the wording of the International Convention on the Rights of the Child to avoid ambiguity regarding the relationship to comparable treaty law.
Announced State Commission
In 2025, the House of Representatives adopted a motion to establish a state commission on the legitimacy of government intervention in youth care. The new fourth paragraph on specific criteria for child protection measures and the mandate of the state commission partly cover the same subject. Therefore, the advice is to clarify the relationship between the work and findings of the announced state commission and the proposed constitutional amendment.
Conclusion
The Advisory Division advises the House of Representatives to take the comments in the advice into account.