1. CHILDREN’S RIGHTS IN CARE An Enoc member survey Sept 2011

2. 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

3. General framework CRC (basis of the survey) UN Guidelines for the Alternative Care for children (feb. 2010) National/regional legislation

4. 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

5. 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)

6. 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?

7. 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

8. 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

9. 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)

10. Right to be heard Law vs. practice! Child’s consent often not required Children involved in individual care plan and in the reviewing process Organised participation within the institution, in different forms, on different issues

11. Right to information Not legally provided in all countries Much depending on the care providers Good practices: child friendly versions, standards... Great variety on what, when and how children are informed on what will happen

12. Right to information (2) Access to file is problematic, often limited or depending on age Free access to media (with some limitations on internet)

13. Freedom of thought, conscience and religion Mostly respected Practical issues on food and clothing (Non-) religious character of the institution itself

14. Right to privacy, family life Clear rules on privacy Separation of siblings is avoided as much as possible Communication, visits with parents are mostly encouraged Right to contact others than family often restricted

15. 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

16. Right to health care Mostly guaranteed Preventive and curative health care Some problems with insufficient care possibilities No full choice or initiative for children

17. Social security Very different arrangements Directly or via parents Pocket money

18. 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

19. Right to leisure, daily life Range of activities Structured daily routine Often permission required to leave the premises Mostly living in age groups

20. 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

21. 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

22. Protection from discrimination Law vs. practice: more children from certain vulnerable groups in institutions. Poverty issue

23. (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)

24. (Legal) aid and support (2) Systems of legal capacity of the child in court ordered placements Practice: children rely on staff for (legal) information

25. 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

26. 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

27. Role of ombudsmen Complaints, visits, (research) projects, mediation, advice... Policy advice Youth advisory panels Children’s rights projects for children in/after care

28. 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