CHILDREN’S RIGHTS IN CARE

An Enoc member survey

Sept 2011

Member’s responses

Andalusia, Bosnia-Herzegovina, Catalonia, Croatia, Cyprus, Denmark, Flanders, France, Ireland, Lithuania, Luxembourg, Madrid, Malta, Norway, Poland, Portugal, Serbia, Slovakia, Srpska, Vojvodina, Wales

General framework

CRC (basis of the survey)

UN Guidelines for the Alternative Care for children (feb. 2010)

National/regional legislation

UN Guidelines: main principles

Support for family environment

Last resort, shortest time possible

Respect for all children’s rights during placement

Legal support (guardian, lawyer...)

Quality standards needed

Complaint mechanism

Deinstitutionalisation

Some general impressions

Large gap between law and practice

Lack of data

Lack of appropriate places, waiting lists

Vague legislation, discretionary powers

Monitoring often lacking for ‘voluntary’ placements

Ongoing law review in several countries (ombudsmen, UN Guidelines)

Some general impressions (2)

‘Best interest’ interpretation somewhat problematic

Family support during placement is often the exception

Unclear access to complaint mechanisms

More protection for parent’s than children’s rights?

Legal framework

Legislation does exist, but not always detailed (duration, aim, legal counsel...)

Deciding instance: court, child protection service... (‘voluntary’ or not)

Placement decision based on (thorough) assessment

Legal framework (2)

Reasons for placement are vaguely mentioned in the law

Children’s participation in placement decisions does exist but often limited to mere consultation

Assessment by a multidisciplinary team

Legal framework (3)

Principle of subsidiarity

Great variety of review systems

Quality requirements (on paper only?)

Reference to the CRC (13 out of 22)

Policies on deinstitutionalisation (10)

Right to be heard

Law vs. practice!Child’s consent often not requiredChildren involved in individual care plan

and in the reviewing processOrganised participation within the

institution, in different forms, on different issues

Right to information

Not legally provided in all countriesMuch depending on the care providersGood practices: child friendly versions,

standards...Great variety on what, when and how

children are informed on what will happen

Right to information (2)

Access to file is problematic, often limited or depending on age

Free access to media (with some limitations on internet)

Freedom of thought, conscience and religion

Mostly respected

Practical issues on food and clothing

(Non-) religious character of the institution itself

Right to privacy, family life

Clear rules on privacySeparation of siblings is avoided as

much as possibleCommunication, visits with parents are

mostly encouragedRight to contact others than family often

restricted

Right to privacy, family life (2)

Refusal of visit by the child is possible

Restrictions on visits as a sanction is not allowed

Deontological codes for the media in most countries

Right to health care

Mostly guaranteed

Preventive and curative health care

Some problems with insufficient care possibilities

No full choice or initiative for children

Social security

Very different arrangements

Directly or via parents

Pocket money

Right to education

Schooling is continued but

Not always the same choices (often towards more vocational schooling)

Change of school environment

School outside the premises

Right to leisure, daily life

Range of activities

Structured daily routine

Often permission required to leave the premises

Mostly living in age groups

Post placement care

Rather poorly implemented all over

Often no or poor preparation before leaving

Follow-up is insufficient, ‘out on their own’

Some report positive practices

Protection from violence

Regulated in all countries (specific or general legislation)

Use of protocols for different types of violence - reporting procedures

Interpretations on ‘discipline’ and use of restraint

Protection from discrimination

Law vs. practice: more children from certain vulnerable groups in institutions.

Poverty issue

(Legal) aid and support

Several systems do exist (lawyer, guardian, legal aid centre) but

Access is not always guaranteed

Not always legal aid in cases of ‘voluntary’ placement (parents as legal representative)

(Legal) aid and support (2)

Systems of legal capacity of the child in court ordered placements

Practice: children rely on staff for (legal) information

Complaint procedures

Almost all ombudsmen receive complaints from children in care

Internal and external complaints possible

Direct access to ombudsmen and/or direct contact with placed children

Family relations

Parental authority often remains but with limitations (daily decisions)

Lack of involvement of some parents

Parent-child contacts are encouraged

Working with the parents during placement is often unsatisfactory

Role of ombudsmen

Complaints, visits, (research) projects, mediation, advice...

Policy advice

Youth advisory panels

Children’s rights projects for children in/after care

Added value

Combining individual and structural work Holistic children’s rights approach Watchdog for vulnerable children Independent status and strong powers Awareness raising, campaigns Monitoring and reporting Informing the CRC committee