F ULL I NCLUSION OF CHILDREN AND YOUNG PEOPLE WITH DISABILITIES INTO SOCIETY Introduction in workshop ‘Intersectoral approach to children’s rights’ 21 NOVEMBER 2013

The decree regarding the rights of children in Flemish youth care Jole Louwagie Belgium (Flanders) Guarantee to equal rights for all children in youth care

The decree regarding the rights of children in Flemish youth care Along with the decree for Integrated Youth Care, basis for an inclusive policy regarding youth care and care to children with disabilities To strengthen children’s legal position and increase their legal capacity in various sectors of youth care in Flanders

SUMMARY Integrated Youth Care Decree rights of children in youthcare: –Background –Guiding principles –Rights –Implementation Conclusion

The decree to Integrated Youth Care A decree to improve the quality of youth care services:  More demand-oriented care, with maximized focus on their strenghts, in their own social network & family  ‘in time’/early access to care;  Ensuring appropriate care, with flexible intersectoral combinations of care and continuity within care  Improving the cooperation and coordination between youth care services  (Actively involved) participation of minors and parents, strengthening the legal status of children in youth care facilities.

Involved youth care facilities Youth care facilities and services for disabled children Next to: Centres for general welfare work; Social services for parents and young children; Pupil guidance centres; Centres for integrated residential family support; Centres for mental health; Special youth assistance; Foster care  Intersectoral context

The decree regarding the rights of children in youth care - background –Legal arguments an incoherent legal status of children in care; the normative value of the CRC; what about the rights of parents and care takers (such as foster parents)? –Context of far-reaching intersectoral co- operation

The decree regarding the rights of children in youth care – guiding principles –Comprehensive nature of the decree –Non-discrimination –Inclusive approach –Competence of children children are regarded as persons with rights and as competent in exercising their rights; competence: a legal and a psychological concept; age level of 12 is introduced as an indicative age limit of competence.

The decree regarding the rights of children in youth care – guiding principles –Best interests of the child Primary consideration in youth care; Involved partners. –Participation Due weight should be given to the perspectives of everyone involved. –Recognition of parents and caretakers –Rights are a starting point for dialogue – children as co-actors

Rights guaranteed by the decree regarding the rights of children in youth care –Right to youth care –Rights in youth care the right to informed consent to care in an extrajudicial context; the right to comprehensive information and transparent communication; the right to respect for his family life; the right to participate in the decision-making process; The right to access to one’s file;

Rights guaranteed by the decree regarding the rights of children in youth care –Rights in youth care the right to assistance in exercising one’s rights; the right to privacy; the right to an amount of money to be spent freely while in residential care; the right to be treated with dignity; the right to complain.

Rights guaranteed by the decree regarding the rights of children in youth care –Rights through youth care the need for permanent, large-scale information and training on the decree and its content (as stipulated in the decree); a shift in fundamental attitudes towards respect for children’s rights.

Critical elements for implementation Information, training and process support for youth care workers/facilities –material to support childcare staff in the implementation of the decree; –training of childcare staff; –leaflets on the rights of children in youth care; –website. Monitoring the effecting of rights – Inspection! Leaflets on the rights of children for minors, parents and caretakers

Conclusion The decree on youth care has strengthened the possibilities of co-operation; The decree regarding the rights of children in youth care has strengthened children’s legal position in child welfare and has increased their legal capacity; The implementation of both decrees is an ongoing gradual process to meet the standards of high quality youth care.