One needed two thousand years to pass from the state of the child as object-property to the idea of child as subject, then, two hundred years to develop the concept of its subjectivity and to concretise that in legal terms.The story of childhood must be again understood as a movement (development of thought) towards freedom. Unable to easily establish a consensus on the family statute and the role of the family, the fundamental needs of the child, on a definition of childhood, we know that is a grey area. The child-subject, that is to say the idea under consideration, on the point of view of the otherness, the other and same (alter ego), is to be reflected on. From there we can imagine that it can become a partner in us educational actions, there is still a lot to do: history shows haw slowly mentalities are reformed. Since the 19th century, following the American and French revolutions, at the same time as the industrial revolution, little by little, the politicians convinced themselves of the need for forming youth. The emergence of the modern States, of the national identities (especially in France), allowed the authorities to intervene in the educational field. Little by little, States, militant organizations assessed the educational deficiencies. Initially, it was a question of reducing delinquency, the risks of deviance, a priori phenomena related to the urban and industrial society: for this reason, childhood in danger reveals the quality of the political action. After the 2nd World War, the idea of the vicarious function of the State was essential for the compensation of ill-treatment. By instituting child welfare systems, the legislator hesitates between a resolving justice (resolving the childhood difficulties: consequently the children become object of law) and a deserving or a reward justice (children are subjects of law)1. With the old model (patriarchal model), from whom, the authorities drew its legitimacy succeeds a new type of patriarchate. Looking at the history of child hood, we note that all of Europe evolved, moved in the same way, at the same times. It is possible to locate three paradigmatic steps (the lack paradigm1, paradigm of the "entéléchie" [divine destiny]; the paradigm of subjectivity2). It is also possible to locate when why and with which effects in term of educational design, Europe split up (Reformation and Counter-Reformation, expansionist will of some individual, economic will of others). It seems until the end of the 18th century, there was an unanimity in Europe about the concept of childhood and the educational questions. This Europe separated with the accession of the modern States, hence some educational concepts are similar and some are different. This can be verified by a comparative study of the child-welfare systems and juvenile justice. Because the fratricidal wars, within this same Europe was reinforced national pride, each country inheriting in its teaching organisation the after-effects from history (community development/effect of a central hierarchy ; the influence of the church, militant organisations/power of the authorities ; accusatory and intrusive procedures/ the question of voluntary parental input more respectful of the persons). By comparing the French, British (Scottish), Dutch (Belgian) and German systems one evaluates meeting point and differences between these systems. Can we move towards a European standard of child-welfare? ___________________________________________________________ ______________1 Period from antiquity to the end of the middle Ages where childhood was not a differentiated period. 2 Defined by Rousseau: the child is different and even, a person.