COMPARISON OF LEGISLATION FINAL REPORT’S DRAFT 2nd Transnational Meeting

COMPARISON OF LEGISLATIONFINAL REPORT’S DRAFT

2nd Transnational Meeting

Social Welfare Department of Valencia Region

CONTENTS

I.I. DEFINITION OF THE TERMS USEDDEFINITION OF THE TERMS USED

II.II. INTERNATIONAL LAW FRAMEWORKINTERNATIONAL LAW FRAMEWORK

III.III. EUROPEAN LAW FRAMEWORKEUROPEAN LAW FRAMEWORK

IV.IV. COMPARISON AMONG COUNTRIESCOMPARISON AMONG COUNTRIES

COMPARATIVE REPORT OF LEGISLATION ON THE PROTECTION OF CHILDREN IN THE FOLLOWING COUNTRIES: BULGARIA, SPAIN, FRANCE, ITALY AND ROMANIA

I. DEFINITION OF THE TERMS USED

MINOR IN DANGER VS MINOR POTENTIALLY AT RISKAll the countries understand as minor in risk a situation in which the health, security or morality of the children are in danger, or in which their education, physical, emotional, intellectual or social conditions are being seriously jeopardised. In Spain this situation is called abandonment or neglect.

Minor potentially at risk is a situation in which the health, security, morality, education or sustenance of the children may be at risk, but the children are never at risk of suffering abuse (while in Spain this concept is minors at risk).



MINOR IN DANGER VS MINOR POTENTIALLY AT RISKRomania does not have a definition for risk, but the framework law use the concept at risk (if children are at risk specialised public agencies must adopt measures in order to separate them from their family environment)

ABUSEDThe concept abused child is identified in every country as a child victim of physical or sexual abuse, cruel acts, and serious neglect with physical or psychological consequences.



ABANDONMENT

In Spain use this term when due to non-fulfilment, or to the impossible or inappropriate exercise of the rights of protection established by law for the guardianship of minors. In this situation Valencian Regional Government assumes by operation of law the minor’s guardianship.

In Bulgaria the legal definitions is a withdrawal of interest by terminating the relationship, which is available at no intention of reopening it.


II. INTERNATIONAL LAW FRAMEWORK

Once the most relevant protocols and international agreements in relation to children have been ratified, said legal instruments are incorporated into every country’s legal system. The endorsement of the Convention on the Rights of the Child on November 20th 1989, adopted by the General Assembly of the United Nations, has provided in this 5 countries a promotion of the rights of the child, prevention and protective attention for children. Those conclusions has inspired changes in the civil and criminal national laws.


III. EUROPEAN LAW FRAMEWORK

There are two main agreements ratified for the Council of Europe:

The Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse of 25 Oct 2007

European Convention on the Exercise of Children's Right of 25th Jan 1996


III. EUROPEAN LAW FRAMEWORK

In addition, there are European basis laws as the Lisbon Treaty, entry into force 1st December 2009, where Art. 3.3 and 3.5 TEU establishes the Protection of the Rights of the Child among the objectives of the European Union.

Or the Council Framework Decision 2004/68/JHA of 22 December 2003 on combating the sexual exploitation of children and child pornography and 2010/13/EU Directive of the European Parliament and of the Council of 10 March 2010 On the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services.


IV. COMPARISON AMONG COUNTRIES

CONSTITUTIONAL FRAMEWORK

In each country Constitutions include the main principles which integrate the protection of children, as the Bulgarian Constitution that establishes the protection of families and children by the State and society.

In Romania, the Constitution incorporates the concept respect for children and the Spanish Constitution states the duty of national authorities to ensure families’ social, economic and legal protection of minors.



CONSTITUTIONAL FRAMEWORK

Constitutions are also the instrument which the public competencies are distributed in countries with decentralized legislative.

Legislative decentralization is only found in Italy and Spain.

Italian constitution amended exclusive competencies to the regions to draft and develop social policies.

In Spain the competencies on this matter are distributed between the Government and the Autonomous Regions amended in its respective Statutes of Autonomy.


IV. COMPARISON AMONG COUNTRIES In Bulgaria, Romania and France, there is no decentralization, but there are strategies and action plans being carried out on a local level.

CHILD PROTECTION SYSTEMS

The child protection are organized in civil / juridical system or both.

France has a dual civil/ legal child protection system, children can be under the jurisdiction of civil administration (administrative protection) or the legal system (legal protection) when the health, security, morality or if the child’s education is at risk.



CHILD PROTECTION SYSTEMSIn Bulgaria, the responsibility lies with the civil public administration. Regarding intervention, powers are distributed:Development and coordination of social policies is appointed to the Ministry of Labour and Social Security.Implementation carry out between regional governments, local government and non-profit organisations. Cooperation is organised through the Social Welfare Council (advisory body of the Ministry).


IV. COMPARISON AMONG COUNTRIES CHILD PROTECTION SYSTEMSRomania also has a dual civil/ legal child protection system.

Children are under the jurisdiction of civil administration and legal authorities (in very serious cases).

The authorities intervene when the specialized public agencies request a decision based on risk of abuse, parents’ inability to exercise their childcare duties.

The action is carrying out through the General Directorate for Social Assistance and Child Protection (GDSACP) and the Public Service of Social Assistance (PSSA) are coordinated by the local council.



CHILD PROTECTION SYSTEMSItaly has a dual civil/ legal child protection system and a decentralised legislative system. Consequently, Lombardy’s regional government is who established a system toward the protection of children victims of violence where stressed items as:

Intervention objectivesGeneral principles of methodological organisationTraining of public and private service operators



CHILD PROTECTION SYSTEMSThe Spanish Minors’ Protection System is under the responsibility of the civil public administrations, al regional and local level.

The Regional Government intervenes when the preventive actions fall and it is necessary to separate the minor from his family.

The great difference between other systems is the Valencian Regional Ministry for Social Welfare, instead of a judge, is the competent body to adopt and apply measures to protect minors.



CHILD PROTECTION SYSTEMS

The Valencian Regional Government intervenes when the preventive actions fall and it is necessary to separate the minor from his family.

The great difference between other systems is the Valencian Regional Ministry for Social Welfare is the competent body to adopt and apply measures to protect minors.

Also, there is a legal difference between the terms risk (family support or help) and neglect (the minor is separated of his/her family)

THANKS A LOT FOR YOUR ATTENTIONFINAL REPORT’S DRAFT

2nd Transnational Meeting

Social Welfare Department of Valencia Region

Documents

COMPARISON OF LEGISLATION FINAL REPORT’S DRAFT 2nd Transnational Meeting