u.c.p. - lisboa socrates i.p.- 2006 1 children under protection: guidelines to a new citizenship

U.C.P. - Lisboa SOCRATES I.P.- 2006

1

CHILDREN UNDER CHILDREN UNDER PROTECTION:PROTECTION:

GUIDELINES TO A NEW GUIDELINES TO A NEW CITIZENSHIPCITIZENSHIP

2U.C.P. - Lisboa SOCRATES I.P.- 2006

CITIZENSHIP CONCEPTCITIZENSHIP CONCEPT It makes sense to talk about a “ new It makes sense to talk about a “ new

citizenship”?citizenship”?

Citizenship is an Citizenship is an old old concept:concept: - - The juridical condition that allow each person The juridical condition that allow each person

to exercise his rights, accomplish his to exercise his rights, accomplish his obligations and participate at public tasks of the obligations and participate at public tasks of the country country

( Derechos Humanos, H. Valencia Villa , 2003)( Derechos Humanos, H. Valencia Villa , 2003)

Citizenship is a Citizenship is a newnew concept - looking at the concept - looking at the concept at the point of view of the child:concept at the point of view of the child:

– – To be active and participant, to have place and To be active and participant, to have place and voicevoice


CHILDREN CITIZENSHIP CHILDREN CITIZENSHIP REINFORCED REINFORCED

LEGAL SUPPORTSLEGAL SUPPORTS (I)(I)

United Nations Bill (1945)United Nations Bill (1945) UN Universal Human Rights Declaration UN Universal Human Rights Declaration

( 1948)( 1948) Declaration on Protection at Emergency Declaration on Protection at Emergency

Situations and Armed Conflicts of the Women Situations and Armed Conflicts of the Women and Children (1974)and Children (1974)

Minimal UN Rules to Youngsters Justice Minimal UN Rules to Youngsters Justice Administration (1985)- Beijing RulesAdministration (1985)- Beijing Rules

Convention on the Rights of the Child Convention on the Rights of the Child (1989)(1989)


LEGAL SUPPORTS LEGAL SUPPORTS (II)(II)

Regional :Regional :- European Council Resolution (R) 87 20 (1987)- European Council Resolution (R) 87 20 (1987)- UE Bill Fundamental Rights (2000)- UE Bill Fundamental Rights (2000)

Outside United Nations :Outside United Nations :- Den Haag Conference of International Private - Den Haag Conference of International Private

RightsRights Civil Dimensions of International Abduction Civil Dimensions of International Abduction

Children ( 1980)Children ( 1980)- Convention on Protection of Children and Convention on Protection of Children and

Cooperation on International Adoption (1993)Cooperation on International Adoption (1993)


CONVENTION ON THE RIGHTS CONVENTION ON THE RIGHTS OF THE CHILDRENOF THE CHILDREN

Characteristics:Characteristics:- Reinforce the United Nations principles;Reinforce the United Nations principles;- Improve specifically those treaties and Improve specifically those treaties and

proclamations that accomplish relevant human proclamations that accomplish relevant human rights;rights;

- Remember the need to specific protection and Remember the need to specific protection and care because the child's own vulnerability;care because the child's own vulnerability;

- Improve primary care and family responsibility;Improve primary care and family responsibility;- Reinforce the legal protection before and after Reinforce the legal protection before and after

the birth of the child;the birth of the child;- Increase the values of child's cultural community;Increase the values of child's cultural community;- Push international cooperation concerning the Push international cooperation concerning the

children rights accomplishmentchildren rights accomplishment


CONVENTION ON THE RIGHTS CONVENTION ON THE RIGHTS

OF THE CHILDRENOF THE CHILDREN Protection of Specific Situations:Protection of Specific Situations:- Armed conflicts.Armed conflicts.- Struggled family situations.Struggled family situations.- Abandonment.Abandonment.- Disappearance.Disappearance.- National and international adoption.National and international adoption.- Abused children.Abused children.- Youngsters delinquency.Youngsters delinquency.- Child work.Child work.- Sexual exploitation.Sexual exploitation.


WHAT RIGHTS TO RESPECT ?WHAT RIGHTS TO RESPECT ?

* * Civil and Political RightsCivil and Political Rights- Name and nationality /Freedom to speak and to Name and nationality /Freedom to speak and to

associate/Protection against torture and abuse/Do not be separated associate/Protection against torture and abuse/Do not be separated from their parents against their will.from their parents against their will.

* Economical Rights* Economical Rights- Social Security benefits/ Compatibility with life patterns for a Social Security benefits/ Compatibility with life patterns for a

balanced development.balanced development.

* Social Rights* Social Rights- Access to the highest standards of health and medical services/ Access to the highest standards of health and medical services/

Specific resources adequate to handicapped children/ Protection Specific resources adequate to handicapped children/ Protection against sexual exploitation/ Adoption rules.against sexual exploitation/ Adoption rules.

* Cultural Rights* Cultural Rights- Education/Access to adequate information/ Access to leisure and Education/Access to adequate information/ Access to leisure and

recreation/ Participation in artistic and cultural activitiesrecreation/ Participation in artistic and cultural activities


REBUILDING THE PROTECTION REBUILDING THE PROTECTION CONCEPTCONCEPT

Convention on the Rights of the Children, , which adopts an integrated rapprochement to which adopts an integrated rapprochement to children human rights by recognizing that their children human rights by recognizing that their full fulfillment, implies the carrying out, social, full fulfillment, implies the carrying out, social, cultural, economical and civil rights and the cultural, economical and civil rights and the establishment of a balance between children establishment of a balance between children rights and those of their educators, allowing rights and those of their educators, allowing the children to participate in their own the children to participate in their own decisions, following a global perspective of decisions, following a global perspective of responsibility and solidarity, it means, responsibility and solidarity, it means, consider young persons as social actors. consider young persons as social actors.

( Portuguese Protection Children and Youngsters Law ( Portuguese Protection Children and Youngsters Law 265/VII – 04/99)265/VII – 04/99)


CHILDREN HUMAN RIGHTS CHILDREN HUMAN RIGHTS VIOLATION - PORTUGALVIOLATION - PORTUGAL

- Adversity and social risk Adversity and social risk ( negligence and abuse)( negligence and abuse)

- Lack of affective links Lack of affective links (low (low responsibility by the parents or educators concerning responsibility by the parents or educators concerning normal models and educational expectations)normal models and educational expectations)

- Parental models Parental models (authoritarian and (authoritarian and permissive)permissive)


PORTUGUESE DATAPORTUGUESE DATA

100.000 children in danger/risk. Situations are identified at urgency hospital

services/schools/among the local community. Lack of coordination at official services. Situations are silenced . (family secrets, medical ethics, fear of law

punishment) Families of risk are also families in risk. ( generational cycle) Violence in the Institutions.


WHY ARE THE FAMILIES WHY ARE THE FAMILIES IN RISK ?IN RISK ?

Social exclusion and poverty.Social exclusion and poverty. 28% persons live under 50% of medium 28% persons live under 50% of medium

national Portuguese incomenational Portuguese income ( poverty rate to UE 17%).( poverty rate to UE 17%). Poverty families concentrated at rural Poverty families concentrated at rural

areas and urban towns surroundings.areas and urban towns surroundings. 430.000 beneficiaries of minimal 430.000 beneficiaries of minimal

income (1999) therefore 50% in active income (1999) therefore 50% in active age age

((unemployment rate at 2005 8% )unemployment rate at 2005 8% )


SOCIAL EXCLUSIONSOCIAL EXCLUSIONVULNERABILIZATION VULNERABILIZATION

PROCESSESPROCESSES• Lacunar and sub-financed welfare stateLacunar and sub-financed welfare state• “ “ Providence Society” – in a destructing processProvidence Society” – in a destructing process

DEVELOPMENT MODEL- Patterns of national economy in internationl economic relationships.Patterns of national economy in internationl economic relationships.- Competitive strategies of the firms (eventually based n low wages).Competitive strategies of the firms (eventually based n low wages).- Extension and perverseness of informal economy ( even at the core of Extension and perverseness of informal economy ( even at the core of

formal economic activities).formal economic activities).- Regressive metamorphosis and deregulation of capital-labour relations.Regressive metamorphosis and deregulation of capital-labour relations.- Technical change without organization innovation.Technical change without organization innovation.- Union movement decline.Union movement decline.

ContextContext: Crisis of the social integration mechanisms : Crisis of the social integration mechanisms with workwith work



PROCESSESPROCESSESDEVELOPMENT MODEL (cont.) (cont.)

- Uneven spatial – demographic movements.Uneven spatial – demographic movements.- Urban and suburban congestion.Urban and suburban congestion.- Rural depopulation.Rural depopulation.- Non integrated massive immigration.Non integrated massive immigration.- Demographic recomposition (ageing, single parents families, Demographic recomposition (ageing, single parents families,

unipersonal unipersonal - households…)households…)- Mal – adjustments in sexual roles.Mal – adjustments in sexual roles. Context: crisis of the social integration mechanisms associated with family and local communities

- Dysfunctions and contradictions in the triangle school Dysfunctions and contradictions in the triangle school system/professional training/employment system (premature exit from system/professional training/employment system (premature exit from the school, “occupational” training, diploma disease, qualified the school, “occupational” training, diploma disease, qualified underemployment and unemployment) .underemployment and unemployment) .

Context : Context : crisis of the social integration mechanisms crisis of the social integration mechanisms with with the the

school system.school system.



PROCESSESPROCESSESPOLITICAL – IDEOLOGICAL CONTEXTPOLITICAL – IDEOLOGICAL CONTEXT

- Individualism ” success” mythologies.- Individualism ” success” mythologies. - Loss of collective responsibility , sensitivity.- Loss of collective responsibility , sensitivity. - Blazed construction of social exclusion by the media (stigmatization of social - Blazed construction of social exclusion by the media (stigmatization of social

groups and places; silent and silenced exclusions).groups and places; silent and silenced exclusions). Context : ideological critics and evaluation of suffering. ideological critics and evaluation of suffering.

- Confidence crisis on political parties and democracy civic energies “ cooling - Confidence crisis on political parties and democracy civic energies “ cooling off ”.off ”.

Context : Context : effective regression of counter powers .effective regression of counter powers .

- Economic policies centered in short - term financial targets.- Economic policies centered in short - term financial targets. - Political indifference with regard to long run social – economic costs.- Political indifference with regard to long run social – economic costs. Context:Context: privilege of market logics over other social privilege of market logics over other social

logics.logics.

(Pinto, (Pinto, J. Madureira, 1999)J. Madureira, 1999)


SOCIAL ACTION – ANSWERS TO SOCIAL ACTION – ANSWERS TO CHILDREN AT RISKCHILDREN AT RISK

( Ministry for Labour and Social Solidarity)( Ministry for Labour and Social Solidarity)

* Social Services* Social Services- Emergency Telephone Lines- Emergency Telephone Lines- Emergency Foster CareEmergency Foster Care- Temporary Foster Care CenterTemporary Foster Care Center- Adoption Adoption - Foster CareFoster Care- Early Technical SupportEarly Technical Support- Home for Children and Youngsters -------- Home for Children and Youngsters -------- ( Foster Homes - Project ( Foster Homes - Project

L-A-R-)L-A-R-)* Support Programmes* Support Programmes- Program TO BE A CHILDProgram TO BE A CHILD- Commissions for the Protection of Children and YoungstersCommissions for the Protection of Children and Youngsters- District Attorney's OfficeDistrict Attorney's Office- The National Commission for the Protection of Children and YoungstersThe National Commission for the Protection of Children and Youngsters

(POEFDS 2006)(POEFDS 2006)


A PROJECT AT FOSTER HOMESA PROJECT AT FOSTER HOMESSheltering and Inclusion Spaces Sheltering and Inclusion Spaces

(L.A.R.)(L.A.R.)

The Large InstitutionThe Large Institution – CASA PIA de – CASA PIA de LISBOALISBOA

* * Historical dimensions ( sec XVIII– sec XX)Historical dimensions ( sec XVIII– sec XX) Laboratory of innovator pedagogies.Laboratory of innovator pedagogies. Delinquency rehabilitation through education.Delinquency rehabilitation through education. Professional training.Professional training. Social inclusion methodologies.Social inclusion methodologies.

* * A Services and Benefits Network (sec XXI) A Services and Benefits Network (sec XXI) Improving alternative answers after identification Improving alternative answers after identification

of abused cases near institution users – of abused cases near institution users – prevention strategies.prevention strategies.


SHELTERING AND SOCIAL SHELTERING AND SOCIAL INTERVENTION MEANS ATINTERVENTION MEANS AT

CASA PIA DE LISBOA CASA PIA DE LISBOA USERSUSERS ( Us) : ( Us) : Total 4271 (children, youngsters, adults/ Total 4271 (children, youngsters, adults/

migrant families)migrant families) In Foster HomesIn Foster Homes – 454 (Us) – 454 (Us) In Social ShelteringIn Social Sheltering - 3583 (at basic - 3583 (at basic

school/professional training/leisure/arts- school/professional training/leisure/arts- ateliers)ateliers)

In Specific Social InterventionIn Specific Social Intervention – 234 – 234 (migrant families, scholarships users; (migrant families, scholarships users; blind-deaf children/ adults; blind-deaf children/ adults;


PROJECT L.A.R.PROJECT L.A.R.

USERSUSERS : (about 160 children at 10 foster homes) : (about 160 children at 10 foster homes) Children and Youngsters between 5 and 20 years old without Children and Youngsters between 5 and 20 years old without

competent familiescompetent families Living at foster – homes at Lisboa or surroundings ( flats or homes ) Living at foster – homes at Lisboa or surroundings ( flats or homes ) Studying at Casa Pia de Lisboa schools or at local schoolsStudying at Casa Pia de Lisboa schools or at local schools Integration in active life (getting a job)Integration in active life (getting a job)

HUMAN RESSOURCESHUMAN RESSOURCES:: 3-5 Educators (to each foster home)3-5 Educators (to each foster home) 1 Housekeeper ( to each foster home)1 Housekeeper ( to each foster home) 1 Psychologist ( to 3 foster homes)1 Psychologist ( to 3 foster homes) 1 Social Worker ( to 3 foster homes)1 Social Worker ( to 3 foster homes)

ADMINISTRATION: ADMINISTRATION: ( ( Dependent on CASA PIA de LISBOA Dependent on CASA PIA de LISBOA Director)Director)

1 Director of the Responsible Service of 10 foster homes1 Director of the Responsible Service of 10 foster homes 2 Director Assessors2 Director Assessors 1 Project Technical Coordinator 1 Project Technical Coordinator


BASIC PRINCIPLES OF PROJECT BASIC PRINCIPLES OF PROJECT L.A.R.L.A.R.

Following the Portuguese Children Following the Portuguese Children Protection Laws principles:Protection Laws principles:

- Families engagement;Families engagement;- Community engagement;Community engagement;- Parental responsibility;Parental responsibility;- Family prevalence;Family prevalence;- Subsidiary principle near the families.Subsidiary principle near the families.

Priority to family-children links, exploring the family Priority to family-children links, exploring the family capacities concerning their rehabilitation and bringing capacities concerning their rehabilitation and bringing dynamics to community responsibility - Looking for dynamics to community responsibility - Looking for consensus. consensus.


LEGAL SUPPORTS OF PROJECTLEGAL SUPPORTS OF PROJECT L.A.R.L.A.R.

Portuguese Laws:Portuguese Laws:- Tutelary Educational Law (166/99 - 14 September)- Tutelary Educational Law (166/99 - 14 September)- Protection Children and Youngsters Law (147/99 - 1 September)- Protection Children and Youngsters Law (147/99 - 1 September)

UN Document:UN Document:- Convention on the Rights of the ChildConvention on the Rights of the Child(ratified in Portugal in 1999 with positive impact near the child protection (ratified in Portugal in 1999 with positive impact near the child protection

system)system) Main articles adopted on the Project L.A.R. :Main articles adopted on the Project L.A.R. :

• Do not be separated from their parents against their will (art. 9);Do not be separated from their parents against their will (art. 9);• To express their own views and have them heard (art 12);To express their own views and have them heard (art 12);• To be protected so no one can interfere with their privacy, family or home (art To be protected so no one can interfere with their privacy, family or home (art

16);16);• To have benefit from social security (art 26);To have benefit from social security (art 26);• Do not be subjected to torture , capital punishment or deprivation of liberty Do not be subjected to torture , capital punishment or deprivation of liberty

(art 37);(art 37);• To use the numerous rights in regard to the administration of justice and the To use the numerous rights in regard to the administration of justice and the

criminal procedure (art 40).criminal procedure (art 40).


PROJECT L.A.R. STRATEGIESPROJECT L.A.R. STRATEGIES

- Stimulating channels of communication with Stimulating channels of communication with children/families;children/families;

- Engagement and responsibility of families in personal Engagement and responsibility of families in personal projects of their children;projects of their children;

- Engagement of the residential community in the children Engagement of the residential community in the children development in a responsible and compromising way near development in a responsible and compromising way near local authorities;local authorities;

- Bring foster homes to accessible districts and in adequate Bring foster homes to accessible districts and in adequate buildings;buildings;

- To reduce the number of residents per foster home (10 -12);To reduce the number of residents per foster home (10 -12);- To reduce the time of permanence at foster homes;To reduce the time of permanence at foster homes;- Priority to a psychosocial model of intervention.Priority to a psychosocial model of intervention.


INTERVENTION METHODOLOGYINTERVENTION METHODOLOGY

MODEL :MODEL : Individual rapprochementIndividual rapprochement Systemic interventionSystemic intervention

STEPS:STEPS: Detailed diagnosis ( risk factors, type of maltreatment, damages, Detailed diagnosis ( risk factors, type of maltreatment, damages,

competences) competences) Prognostic (further deadline to leave foster home)Prognostic (further deadline to leave foster home) Definition of intervention aimsDefinition of intervention aims Identification and formal compromise with the partners at Identification and formal compromise with the partners at

process child educationprocess child education Design of the main steps of educational process ( sheltering, Design of the main steps of educational process ( sheltering,

personal projects development, family rapprochement and return personal projects development, family rapprochement and return to local community)to local community)

SKILLS:SKILLS: Promotion and Protection Project ( as Portuguese Child Law requests)Promotion and Protection Project ( as Portuguese Child Law requests) Personal Life ProjectPersonal Life Project


FINAL RECOMMENDATIONFINAL RECOMMENDATION

* * Flexibility at the InterventionFlexibility at the Intervention - It means to create conditions to identify and to - It means to create conditions to identify and to

apply adequate strategies concerning each family apply adequate strategies concerning each family characteristics, often troubled families, therefore characteristics, often troubled families, therefore loving and being loved by the children.loving and being loved by the children.

* * Identifying needs before rightsIdentifying needs before rights - The needs belong to each person and rights to all - The needs belong to each person and rights to all

people (J.Galtung ,1998).people (J.Galtung ,1998). - It means that the first step must be to identify - It means that the first step must be to identify

the needs because only each person is the agent the needs because only each person is the agent and the object of his own needs and satisfaction - and the object of his own needs and satisfaction - concerning either families or children.concerning either families or children.


QUESTIONSQUESTIONS

11. What do you think about the improvements that the . What do you think about the improvements that the Portuguese innovating project , can bring to the Portuguese innovating project , can bring to the children human rights that are living at foster homes?children human rights that are living at foster homes?

2. Can you imagine any risks of such methodology, 2. Can you imagine any risks of such methodology, concerning the further social inclusion of children at concerning the further social inclusion of children at

their families and local communitytheir families and local community?? 3. Tell us about your countries alternative experiences, 3. Tell us about your countries alternative experiences,

with the families of children at foster homes, in view with the families of children at foster homes, in view to improve the educational role of those families.to improve the educational role of those families.

4. Can you imagine some indicators / evaluation, to 4. Can you imagine some indicators / evaluation, to this project, that could challenge families and children this project, that could challenge families and children new national policies?new national policies?


References References - Casa Pia de Lisboa (2005), Concretizar um Projecto de Esperança, Lisboa: Casa Pia de Lisboa.Casa Pia de Lisboa (2005), Concretizar um Projecto de Esperança, Lisboa: Casa Pia de Lisboa.- Casa Pia de Lisboa (2005), Equipa de Admissões em Internato – Recolha de Dados – ano 2004, Casa Pia de Lisboa (2005), Equipa de Admissões em Internato – Recolha de Dados – ano 2004,

Lisboa: DSEEAS.Lisboa: DSEEAS.- Casa Pia de Lisboa (Nov. 2005), População e Utentes da Casa Pia de Lisboa – Ano Lectivo Casa Pia de Lisboa (Nov. 2005), População e Utentes da Casa Pia de Lisboa – Ano Lectivo

2005/2006, Lisboa: DSEEAS – NEP.2005/2006, Lisboa: DSEEAS – NEP.- Casa Pia de Lisboa (2005), Um Lugar para Acolher e Reintegrar – Projecto L.A.R., Lisboa: Casa Pia de Lisboa (2005), Um Lugar para Acolher e Reintegrar – Projecto L.A.R., Lisboa:

Colégio de Santa Catarina – Casa Pia de Lisboa. Colégio de Santa Catarina – Casa Pia de Lisboa. - Castel, R. et al. (1996), Desigualdade e a Questão Social, S. Paulo : EDUC.Castel, R. et al. (1996), Desigualdade e a Questão Social, S. Paulo : EDUC.- Chambon, A.S. and Irving, A. – org.(1994), Essays on Postmodernism and Social Work; Toronto: Chambon, A.S. and Irving, A. – org.(1994), Essays on Postmodernism and Social Work; Toronto:

Canadian Scholar`s Press.Canadian Scholar`s Press.- Conselho Técnico Científico da Casa Pia de Lisboa (2005), Casa Pia de Lisboa. Um Projecto de Conselho Técnico Científico da Casa Pia de Lisboa (2005), Casa Pia de Lisboa. Um Projecto de

Esperança, Cascais: Principia. Esperança, Cascais: Principia. - Del Valle, J.F. (1998) ,Manual de Programación y Evaluación para los Centrosde Protección de la Del Valle, J.F. (1998) ,Manual de Programación y Evaluación para los Centrosde Protección de la

Infancia, Salamanca: Junta de Castilla Y Léon.Infancia, Salamanca: Junta de Castilla Y Léon.- Galtung, J. (1998), Direitos Humanos. Uma Nova Perspectiva, Lisboa: Piaget.Galtung, J. (1998), Direitos Humanos. Uma Nova Perspectiva, Lisboa: Piaget.- Guiddens, A. (1998), As Consequências da Modernidade, Oeiras: Celta.Guiddens, A. (1998), As Consequências da Modernidade, Oeiras: Celta.- Habermas, J. (1987), The philosophical discourse of modernity, Cambridge: Polity Press.Habermas, J. (1987), The philosophical discourse of modernity, Cambridge: Polity Press.- Lei de Protecção de Crianças e Jovens (Lei nº 147/99 de 1 Setembro).Lei de Protecção de Crianças e Jovens (Lei nº 147/99 de 1 Setembro).- Lei Tutelar Educativa (Lei nº 166/99 de 14 Setembro).Lei Tutelar Educativa (Lei nº 166/99 de 14 Setembro).- Pinto, J. M. (1999), Indicadores de Vulnerabilidade Social – Seminário 10 Maio, Porto: CCRN.Pinto, J. M. (1999), Indicadores de Vulnerabilidade Social – Seminário 10 Maio, Porto: CCRN.- Powell. F. (2001),The Politics of Social Work, London: Sage.Powell. F. (2001),The Politics of Social Work, London: Sage.- União Europeia (2005), O Parlamento Europeu e Constituição Europeia, Luxemburgo: União Europeia (2005), O Parlamento Europeu e Constituição Europeia, Luxemburgo:

Parlamento EuropeuParlamento Europeu- United Nations (1989), Convention on the Rights of the Child.United Nations (1989), Convention on the Rights of the Child.- Villa, H. V.(2003), Derechos Humanos; Madrid: Espasa.Villa, H. V.(2003), Derechos Humanos; Madrid: Espasa.- Wall, K. 2005),.Famílias em Portugal, Lisboa: ICS.Wall, K. 2005),.Famílias em Portugal, Lisboa: ICS.

u.c.p. - lisboa socrates i.p.- 2006 1 children under protection: guidelines to a new citizenship

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