scholarly journals The Participation of Children and Adolescents in the Protection System: The Case of the Spanish Legislation

2021 ◽  
Vol 10 (7) ◽  
pp. 268
Author(s):  
Anna Massons-Ribas ◽  
M. Àngels Balsells ◽  
Neus Cortada
Keyword(s):  
Children And Adolescents ◽  
Child Protection ◽  
Daily Basis ◽  
Protection System ◽  
Three Dimensions ◽  
Autonomous Communities ◽  
Rights Of The Child ◽  
Right To Participation ◽  
The Right ◽  
Spanish Legislation

Children’s right to participation is enshrined in the Convention on the Rights of the Child (CRC), specifically in Article 12; however, the participation of children in the protection system continues to be a challenge. There is a need for a paradigm shift, in which children and adolescents (CA) are considered as active subjects of rights in all areas of their lives, and that means allowing them to participate in decisions that concern them. The study analysed 20 Spanish laws, both national and autonomous, that regulate child protection and the rights of CA in the protection system. It focuses on examining the participation of children in the protection system, divided into its three dimensions: the right to be informed, the right to be heard and the right to be involved. There is complexity in the different regulations. All of them are consistent with the CRC and provide for participation, but not all to the same extent. There is a lack of harmonisation between the legislation of autonomous communities, leading to practical difficulties for the professionals who have to implement the legislation on a daily basis.

scholarly journals Barns rätt till delaktighet vid beslutsprocesser inom den sociala barnavården. Vad betyder barnkonventionen och den rättsliga utformningen för tillämpningen i praktiken?

2020 ◽  
Vol 37 (3-4) ◽  
Author(s):  
Monica Larsson ◽  
Elin Hultman
Keyword(s):  
Decision Making ◽  
Child Protection ◽  
Legal Framework ◽  
Legal Regulation ◽  
Protection System ◽  
Social Law ◽  
Rights Of The Child ◽  
Decision Making Processes ◽  
Right To Participation ◽  
The Right

Children’s right to participation in decision-making within the Swedish Child Protection System. What does the UNConvention on the Rights of the Child and the legal framework mean in relation to the implementation in practice? This article is based on children’s right to participation which stems from the UN Convention on the Rights of the Child – the Child Convention. Regarding decision-making processes within the Child Protection System children’s right to participation is explicitly stated. However, it is still not palpable and the interpretations regarding children’s right to participation may vary. This may give rise to various standpoints which in turn can have an impact on the magnitude of how the right isput into practice. Social science and social law research in Sweden has pointed out that children and young people do not participate sufficiently in parts of this process. This article describes and analyzes what has emerged in this research regarding children’s right to participation in connection with decision-making processes concerning out-of-home-placement with a particular focus on some of the circumstances that may impede the children’s right to participation. The article concerns how the right to participation is handled in practice and the importance of the Convention on the Rights of the Child and the framework of the legal regulation.

scholarly journals Skipan talsmanns fyrir börn – grundvöllur ákvörðunar og framkvæmd

2015 ◽  
Vol 11 (2) ◽  
pp. 313-332
Author(s):  
Hrefna Friðriksdóttir ◽  
Hafdís Gísladóttir
Keyword(s):  
United Nations ◽  
Child Protection ◽  
Justice System ◽  
Democratic Society ◽  
Rights Of The Child ◽  
The Status ◽  
United Nations Convention ◽  
Child Friendly ◽  
The Right ◽  
International Instruments

In recent years there has been a growing interest in the rights of children in various justice systems. The interpretation of international instruments, such as the United Nations Convention on the Rights of the Child legalized in Iceland as law 19/2013, places a strong emphasis on strengthening the status of the child. The concept of child-friendly justice has emerged reflecting a vision of a justice system that has adapted to the interests and needs of children. A key element is ensuring the right of the child to participate, building on the notion that participation actively promotes their citizenship in a democratic society. The complexity of child protection cases makes it imperative to ensure that children get the assistance they need to communicate and be able to influence procedures. This article discusses the development of provisions in child protection laws on the appointment of spokespersons for children and represents the findings of a study done on such appointments with various child protection committees. The main results of this research indicate that the development of the law has been positive. The enforcement does not however reflect these develpments and there is a lack of formality, assessment and satisfactory argumentation.

Victoria's Protective services and the ‘Interim’ Fogarty Report: Is This the Right Road at Last?

1990 ◽  
Vol 15 (1) ◽  
pp. 12-15 ◽  
Author(s):  
Christopher R. Goddard
Keyword(s):  
Child Protection ◽  
Protection System ◽  
Interim Report ◽  
Protective Services ◽  
Child Protection Services ◽  
History Of ◽  
Effectiveness And Efficiency ◽  
The Right

The history of the provision of child protection services in Victoria, and the lack thereof, is a long and complex one. Yet another twist in the tale occurred recently.A report by Mr Justice Fogarty and Mrs Delys Sargeant, entitled Protective Services for Children in Victoria: An Interim Report, was released in January 1989. This report (hereinafter the Fogarty Report) was commissioned by the Victorian Government in August 1988:“… to inquire into and advise it upon the operation of Victoria's child protection system and on measures to improve its effectiveness and efficiency.”

scholarly journals Attitudes and decision-making in the child protection system

2017 ◽  
Vol 25 (2) ◽  
pp. 2-14 ◽  
Author(s):  
Paulo Delgado ◽  
Vânia S. Pinto ◽  
João M. S. Carvalho
Keyword(s):  
Decision Making ◽  
Foster Care ◽  
Residential Care ◽  
Family Environment ◽  
Child Protection ◽  
Well Being ◽  
Fundamental Rights ◽  
Protection System ◽  
Decision Making Process ◽  
Rights Of The Child

In the contexts of family neglect or maltreatment, the State intervenes by safeguarding the development and well-being of the child or young person in danger. In more severe situations, the intervention may lead to the child’s removal from the family. The Portuguese Law on the Protection of Children and Young People in Danger (Law 142/2015 of September 8th) favours the placement of the child in a family environment, especially for children up to the age of six. Despite this, in Portugal, in 2015, 8 600 children were in out-of-home care, only 3.5% of which were placed in foster care, while the remaining children were in residential care. Therefore, one of the fundamental rights of the child – living in a family environment – is compromised in practice. This study aims to understand the decision-making process of 200 higher education students in domains related to child protection, and those of 200 professionals who are responsible for providing case assessments and recommendations for intervention in the Portuguese child protection system. Using the Child Welfare Attitudes Questionnaire (Davidson-Arad & Benbenishty, 2008, 2010), the study aimed to identify the participants’ attitudes regarding removal of at-risk children from home, reunification and optimal duration of alternative care, children’s and parents’ participation in the decision-making process, and assessment of foster care and residential care, with the purpose of promoting children’s development and well-being. We concluded that both sets of participants (professionals and students) can be divided in two groups, one which is pro-removal and the other, which is less so. In comparison with students, professionals less often favour the removal of the child and more often defend reunification. There are no significant differences among participants regarding their opinion about the role of foster and residential care, and the participation of the child in the decision-making process. However, professionals tend to support parents’ participation in the decision-making process more than students do. Finally, we present some implications of our findings for the practice of child protection.

scholarly journals INTERVENSI ANAK DALAM PERCERAIAN

2017 ◽  
Vol 15 (2) ◽  
pp. 185
Author(s):  
Firman Wahyudi
Keyword(s):  
Child Protection ◽  
Psychological Impact ◽  
Divorce Rate ◽  
Positive Trend ◽  
Rights Of The Child ◽  
High Divorce Rate ◽  
The Family ◽  
The Right ◽  
Protection Commission ◽  
Husband And Wife

The high divorce rate in Indonesia sometimes result with positive and negative trends. Positive trend meant the rise of women to defend their rights as a wife that is often abused by her husband so divorce is the best solutions and alternatives. Trend downside besides destroying a family structure also carries a psychological impact, especially children in addition to great effect in socio-civic life. Legal divorce just look at issues from both parties (husband and wife) only, while the other family members in this case the child is not involved. Though the realm of the family consisting of a husband and wife and children. Child has a fundamental right within the family and also have the right to intervene to prevent his parents' divorce because he was the main victim of the divorce itself. Required a special advocate to defend the interests and rights of the child in his parents' divorce given the level of skill in the legal act has not been adequate. In this case the role and functions of the Indonesian Child Protection Commission (KPAI) is necessary in order to fulfill these rights.

scholarly journals Characteristics of an Effective Child Protection System in the European and International Contexts

2021 ◽  
Author(s):  
Mariëlle R. Bruning ◽  
Jaap E. Doek
Keyword(s):  
Human Rights ◽  
Child Protection ◽  
Protection System ◽  
European Convention ◽  
The European Union ◽  
Rights Of The Child ◽  
European Court ◽  
Core Elements ◽  
Protection Of Human Rights ◽  
Main Components

AbstractIn the European context, an understanding that States are responsible for an effective child protection system is well established. Further, all 47 members of the CoE have adopted the European Convention for the Protection of Human Rights and Fundamental Freedoms, and all European countries have ratified the UN Convention on the Rights of the Child (CRC). Thus, States have come to understand their responsibility in terms of the child’s right to protection. The aim of this article is to explicate core elements of an effective child protection system within a child’s rights framework. This aim is accomplished by highlighting and providing analysis of the principles set forth in the CRC and further elaborated in General Comment No. 13 (2011) and by the UN Children’s Fund (UNICEF), the main components of policies and other relevant documents of the European Union (EU) and the Council of Europe (CoE), and caselaw from the European Court of Human Rights (ECrtHR) and then presenting recommendations for an effective State-run child protection system.

scholarly journals DEVELOPMENT OF CONTEXT COMPETENCES IN PRE-SCHOOL AND PRIMARY SCHOOL EDUCATION THROUGH PROVIDING THE RIGHT TO GAME IN EDUCATIONAL INSTITUTIONS

2018 ◽  
Vol 28 (3) ◽  
pp. 877-882
Author(s):  
Elena Petkova
Keyword(s):  
Educational Institution ◽  
School Education ◽  
Intercultural Education ◽  
Three Dimensions ◽  
Educational Institutions ◽  
Expert Assessment ◽  
Rights Of The Child ◽  
Key Competences ◽  
Gaming Activity ◽  
The Right

Through the free, emancipated by the adult game during the classical childhood, skills for constructive personal behavior in a social environment, understood as context competencies, are built. At present, the current legal basis, by which the competencies (knowledge, skills, relationships) required at the end of each age period are written down / determined, consists of the Pre-School and School Education Act of 2015 (PSSEA) and the hereto belonging Ordinance (Standard) on Civil, Health, Environmental and Intercultural Education (OCHEIE). According to these documents, the personal realization of each child in the educational institution is considered as a consequence of the unity between the activities of education, training and socialization in the conditions of kindergarten and elementary school.The satisfaction of the children's needs for emotional co-experience and communication through gaming activity in the conditions of kindergarten and school is the duty of the educator. The right to play is justified in Art. 31 para. 1 of the UN Convention on the Rights of the Child and Bulgarian children and primary teachers are professionally competent in their commitments to provide gaming resources in educational institutions. The diagnosis of specific context competences, developed through the game, that are met in the Standard on Civil, Health, Environmental and Intercultural Education is an activity, that is important for the proper social and psycho-physical development of the child. This activity can be implemented in three dimensions (research approaches):- Recognizing context competences within such key competences through Observation method;- Naming or the discovery of context competences within such key competences through the Interview method;- Objectification and justification of context competences within such key competences through the Survey and Expert assessment methods.The Observation and Interview methods are carried out in close interaction with the children. The respondents Survey and Expert Assessment methods are the pedagogues. The aim of the pilot study is to establish the reliability of the three approaches and on this basis to construct a reliable research methodology related to the development of contextual competences through gaming activity in the kindergarten and elementary school.

scholarly journals PENGUATAN PENGATURAN HAK ANAK BERDASARKAN KONSTITUSI DAN PERBANDINGAN KONSTITUSI DIBERBAGAI NEGARA

AN-NISA ◽  
2019 ◽  
Vol 11 (1) ◽  
pp. 372-383
Author(s):  
Ismail Aris
Keyword(s):  
Human Rights ◽  
Child Protection ◽  
The State ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
Constitutional Protection ◽  
Rights Of The Child ◽  
The Future ◽  
The Republic ◽  
The Right

This article shows that the constitution or the 1945 Constitution of the Republic of Indonesia can not be regarded as children's constitution which adopts the principles of child protection under the Convention on the Rights of the Child. It also shows that Indonesia is not serious about the theme of child protection discourse such as Ecuador, Egypt, Finland and South Africa in protecting, fulfilling and respecting and explicitly specifying the rights of children in its constitution. Based on the argument above, it is very urgent for Indonesia to do constitutionalism the rights of the child. Based on the principles that adopted by the convention on the right of the child as a solution as an effort to save and protect the rights of the child from negligence and neglect of the State to protect and fulfill the human rights and constitutional rights of the child. The effort of constitutionalism is also considered as a strengthening effort in the formation of legislation in the future as well as the basis or test stone of the Constitutional Court in handling the future judicial review of the Law which violates the norm on the protection of children's rights under the Constitution. In addition, it is urgent for constitutionalism and incorporates the idea of constitutional complaints in the Constitutional Court through the Constitution. Thus, as a basis for constitutional protection of the child if the State has neglect to protect the human rights and constitutional rights of the child by conducting constitutional complaint in the Constitutional Court, in order for the State to fulfill its constitutional obligations which have been regulated under the constitution.

scholarly journals THE RIGHT OF RESTITUTION FOR CHILD VICTIMS OF SEXUAL VIOLENCE IN INDONESIA

2021 ◽  
Vol 29 ((S2)) ◽  
pp. 167-197
Author(s):  
Rosmalinda Rosmalinda ◽  
Ningrum Natasya Sirait ◽  
Suhaidi ◽  
Edy Ikhsan
Keyword(s):  
Sexual Violence ◽  
Police Officers ◽  
Child Protection ◽  
Local Governments ◽  
Civil Society Organizations ◽  
Child Victims ◽  
Court Decisions ◽  
Group Discussions ◽  
Rights Of The Child ◽  
The Right

Article 4 of the Convention on the Rights of the Child (CRC) mentions the obligations of state parties to implement the CRC. Furthermore, article 19 of the CRC requires State Parties to protect children from any form of violation including sexual violation through legislative, administrative, social and education measures. This article describes the results of research related to the implementation of CRC for child victims of sexual violence (CVSV) through court decisions. The analysis was conducted on seven Districts and three High Court decisions in 2018 in Medan and Deli Serdang Districts, North Sumatera Province in Indonesia concerning sexual violence which involve children as victims. The researcher conducted focus group discussions which involved two groups of respondents; (1) Law Enforcement Officers and (2) OPD (Organisasi Pemerintahan Daerah/Local Governments) and CSOs (Civil Society Organizations) which concerns CVSV issues. The finding shows that none of the court decisions mentioned about rights of the victims, as they focused only to punish the perpetrator(s). It is ironic since the right is regulated under several regulations in Indonesia concerning child protection. Therefore, the researcher recommends that police officers and Public Prosecutors should be more active in providing information concerning restitution for the victims. This will assist the victim(s) and his/her families to obtain justice not only by punishing the perpetrator but also by obtaining his/her right of restitution.

scholarly journals From Principle to Practice: Youth engagement at the international summer course on the rights of the child

2017 ◽  
Vol 46 (1-2) ◽  
pp. 121-133
Author(s):  
Candice Ashley Pollack
Keyword(s):  
Young People ◽  
United Nations ◽  
Children's Rights ◽  
Children And Youth ◽  
Youth Engagement ◽  
Children And Young People ◽  
Rights Of The Child ◽  
Right To Participation ◽  
The United Nations ◽  
The Right

The United Nations Convention on the Rights of the Child creates an express obligation on State parties to take into consideration the views and opinions of children and youth in matters that affect them. State parties, children’s rights advocates, scholars, and non-profits have all recognized the importance of the right to participation, and have undertaken many different approaches to ensure the authenticity of the experience for children and young people. The following note details some of the accepted principles for meaningful youth engagement, and reflects back on the experience of the Youth Rapporteur Programme at the 2015 edition of the International Summer Course on the Rights of the Child.

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