Introduction to Children’s Rights
In celebration of the 18th anniversary of the Convention on the Rights of the Child (CRC), which was formally adopted by the General Assembly of the United Nations on November 20, 1989; and Brazil’s own Statute of the Child and Adolescent (ECA) which was implemented as National Law in July of the following year, this page hopes to act as a public space to both celebrate and publicize the rights of children everywhere.
Children living in Rio’s most impoverished favelas are no different and need to be treated with equal care and attention as those children who have been blessed with unlimited love and financial resources in any other city or country respectively. This page in particular hopes to call attention to the very basic human rights of children everywhere.
The ComunidadeSegura website, out of necessity and urgency, focuses its work on children to issues concerning human security. In particular, this means security from armed conflict which is tragically so prevalent here in Rio and thus so relevant to their human security work as a whole.
In the field of Human Rights, this work is generally referred to as Peacekeeping, in that it aims to aid or modify an existing human rights abuse. To compliment this dedicated work from the team at ComunidadeSegura, this page; instead, aims to focus on the fundamental rights of children and hopes to become a Peace building and educational tool for the general public.
Introduction to Government Accountability
Within Brazil’s Statute of the Child and Adolescent (ECA), and the Convention on the Rights of the Child (CRC) on which it is based, many of the articles place responsibility for ensuring the rights of children with the government. For this reason, the actions taken by government to ensure the safety and security of children become a central part of any discussion concerning children’s rights in Brazil.
Examples of relevant CRC articles:
-Art. 6: states the government is obligated to ensure the survival and development of children.
-Art. 27: states the government will help children and their families achieve a standard of living that supports the physical and mental needs of children.
Examples of relevant ECA articles:
Art. 3: the child and adolescent are entitled of all kinds of development: physical, mental, moral, spiritual and social, in conditions of freedom and dignity.
Art. 7: child and adolescent have the right to protection of life and health through the effective implementation of public social policies that facilitate their development and a dignified condition of existence.
As discussed in the forthcoming sections, there is currently a vast discrepancy between what is guaranteed for children under the ECA and the observance of these rights within Brazil. As the ECA is now 18 years old, I hope this hotsite can contribute to the dialogue regarding the full implementation of the ECA and promote the Brazilian government assuming responsibility making this a reality.
Education
ABOVE: Children studying at Spectaculu, an NGO that offers Media courses to young people here in Rio.
The Rights to a “free and compulsory” education aimed at “the development of the child’s personality, talents and mental and physical abilities” (CRC Articles 28, 29) are clearly stated in both the Convention on the Rights of the Child and the Statute of the Child and Adolescent. The necessity of these rights to a child’s development towards adulthood, and to becoming an active and contributing member of society, have been clear to human and children’s rights scholars since the original Universal Declaration of Human Rights was drafted by the United Nations in 1948. The ECA guarantees these same rights in articles 4, 53, and 54.
Here in Brazil the National Economy is currently booming, in theory this economic growth should eventually spread throughout the country and help alleviate the country’s poverty and inequality problems. While this idealistic view is certainly contingent on a variety of factors, the education of Brazil’s youth going forward needs to be a top priority for government and civil society if this dream is ever going to be fulfilled.
One project here in Brazil aimed at promoting Education is Bolsa Familia. Simply stated, the program was implemented in 2003 by President Lula in collaboration with the World Bank, and aims to lift families out of poverty by giving them small subsidies to buy food and other essentials. In exchange for these subsidies, the families are required to keep their children in school. While this program does have its critics, its general goals to narrow the inequality gap by lifting society’s worst off populations through educational efforts is certainly a step in the right direction.
Further Reading:
Below is a link for a recent article from the New York Times about Brazil’s recent economic resurgence. The article highlights the Bolsa Familia program as being a powerful tool in bridging the country’s inequality gap.
Strong Economy Propels Brazil to World Stage
We’d like to hear our readers suggestions and comments about the Educational System here in Brazil. Below is a link for an article from comunidadesegura about one particular educational program in Salvador, Bahia.
From pre-school to the job market
Links in reference to the above article:
Universal Declaration of Human Rights
An Introduction to Children’s Health
According to The Statute of the Child and Adolescent (ECA), children and adolescents have the right to protection of life and health through effective implementation of public social policies These public policies make possible birth and healthy and harmonious development in dignified conditions of existence. The path to achieving what the ECA set forth in 1990 are paved with good intentions, but these good intentions need to focus on the thousands of children and their families, whom 18 years later, still lack basic needs such as food, shelter and sanitation.
The current situation, especially when one focuses on Rio de Janeiro, is that those who can afford private care have access to the best resources and the many that cannot, depend daily on organizations that focus on providing access to health care.
Public social policies should not only be written down on paper, they need to be implemented by rightful parties so everyone can receive efficient care. Until the government takes appropriate action, children and their families will continue to depend on the scarce resources of Brazilian Non Governmental Organizations (NGO) and Community Based Organization’s (CBO), who work everyday picking up where the government has left off. This section will focus on Brazilian NGO’s and CBO’s efforts to push forth public social policies focusing on inadequate living conditions for Children in Brazil.
The Current Reality
Although the Convention on the Rights of the Child (CRC) and the Statute of the Child and Adolescent (ECA) are both now 18 years old, the discrepancies between the agreed upon rights for children and adolescents and the current situation in Brazil is striking.
As Amnesty International has pointed out, there remains a large gap between what is written within Brazilian human rights related legislation and what has so far been implemented in the country. Their 2008 human rights report lists some of the human rights infringements that occurred during 2007 within Rio de Janeiro and the country as a whole. Amnesty appreciates that initiatives to reduce violence are being implemented but remains concerned about the number of official police operations being conducted within the favelas.
As described in a recent newspaper articled, 144 people were killed by police in Rio de Janeiro during the month of April 2008 alone. It goes on to say that the number of people killed by police within the state of Rio de Janeiro during the first four months of 2008 is the highest yet recorded and represents a 12% increase over the same period of 2007.
These figures indicate that although Brazil has legislation aimed at protecting human rights and reducing violence, security issues within Rio de Janeiro remain worse than ever. When considering the number of children that become involved in criminal activity within the favelas, these killings and violence are an affront to what these children are entitled to under current Brazilian legislation.
Further Reading:
Link to Amnesty International’s 2008 Human Rights Report containing information on Brazil’s human rights record for 2007.
Amnesty International Report 2008-The State of the World’s Human Rights
Submission by Amnesty International to the United Nations’ Universal Periodic Review regarding Brazil and human rights.
Submission to the UN Universal Periodic Review-Brazil
A news article in Portuguese regarding the level of violence observed within Rio de Janeiro for the first part of 2008.
Level of police violence in Rio for early 2008
Rights to Recreational and Cultural Activities…
ABOVE: Children playing soccer at the Crianca Esperanca center in Cantagalo, Rio de Janeiro.
The Convention on the Rights of the Child was a landmark achievement for the United Nations in that it was able to not only guarantee children their most basic of human rights; (Shelter, Food, Security, etc.) but also extended these, by also granting them rights to recreational and cultural activities as well. Specifically, Article 31 states that children have the right to leisure, play and participation in cultural and artistic activities.
Here in Brazil, these sorts of rights are oftentimes overlooked because of the amount of attention needed to provide the most basic rights to children living in impoverished areas. Government and civil society alike must not forget these sorts of rights as they are essential to the full human development of children. The Statute of the Child and the Adolescent echoes these rights as well, stating in articles 4, 58, and 59 these sorts of rights to sports, leisure, recreational and cultural activities.
The CRC and ECA were sure to include these kinds of rights, in addition to the basic rights stated above, because of their vital importance to the physical and mental growth of children into adulthood. Participation in recreational and cultural activities teaches children things they cannot learn in the classroom.
Sports, for example, teach lessons such as teamwork, respect for authority and elders, and the general importance of physical fitness. Involvement in cultural activities allows children to slowly integrate themselves into society in their own unique way. Being able to learn from those who have come before them can give them a vision for progress going forward.
One group here in Brazil doing this kind of work that I have been able to visit in my short time here was Crianca Esperanca. They dedicate their work to providing sports and cultural activities to kids who would not have them otherwise. This organization builds public spaces in favelas around Brazil, providing children with a safe place to develop outside of the classroom environment.
Again, we’d like to encourage further input from our readers about other organizations doing this kind of work.
Further Reading:
Below are some interesting articles from comunidadsegura, both relating to giving children access to recreational and cultural activities to not only aid their human development, but to keep them away from violence as well…
Hip Hop and the Art of Peace in Curitiba
‘Unite for Children, Unite for Peace’, a joint UNICEF and FIFA campaign uses soccer to foster peace and tolerance among teens
In the ring for peace
Further information on Crianca Esperanca:
Enforcement of the ECA through Community Councils
In order to ensure that the children’s rights contained within the Statute of the Child and Adolescent (ECA) are enforced, the ECA specifies that councils will be created in order to ensure that children’s rights are observed in practice.
Article 88 of the ECA establishes parameters for the creation “municipal, state, and national councils … which will be deliberative and controlling entities of actions at all levels.” Futhermore, Article 131 explains that “the Council of Guardianship is a permanent and autonomous, nonjurisdictional entity, charged by society to see to the observance of the rights of the child and adolescent as defined in [the ECA].”
According to Brazil’s report to UN Committee on the Rights of the Child, by 1999 a national council, state councils, and 3,348 municipal councils had been created promoting the observance of children’s rights in 72% of Brazilian cities.
However, although these councils are in place, there still exists a vast discrepancy between rights guaranteed by the ECA and the rights that are currently enjoyed by Brazil’s children. For example, it is estimated that more than 23% of children and adolescents in Brazil, approximately 14 million, still have their rights absolutely denied. As well, it had been estimated that by the end of 2004, councils for the defense of children’s rights were lacking in close to 30% of Brazil’s cities.
Furthermore, according to an article from 2005 on Viva Rio’s Comunidade Segura website, www.comunidadesegura.org, the existing councils were lacking the basic funding needed to provide their services to the community. Essentials such as salaries, office space, and equipment such as telephones and computers could not be covered seriously affecting the ability of these councils to function effectively. As well, the councils have been cited for not having a monitoring mechanism in place to ensure they are working effectively to guarantee children’s rights.
In order to bolster the implementation of the ECA, councils must be created where needed, adequately funded, and effectively monitored so they may become a beneficial intervention for ensuring children’s rights are observed in Brazil.
Further Reading:
Brazil’s 2003 state party report to the UN Committee on the Rights of the Child regarding the progress achieved in establishing community councils.
Brazil’s submission to the UN Committee on the Rights of the Child (pdf)
A report by the Government of Canada regarding the current state of child rights in Brazil.
Immigration and Refugee Board of Canada
2004 report from the Brazilian NGO National Association of Defense Centers for the Rights of the Child and Adolescent (ANCED) regarding the effectiveness of Community Councils.
A story from the Comunidade Segura website regarding some of the issues that have plagued the effectiveness of the community councils, in Portuguese.
Comunidade Segura: What the community councils are lacking
The Right to Protection of Life and Health
One organization that has stepped up in its efforts in health care is the Chapéu Mangueira Community Health Care Center…
In Chapéu Mangueira, a favela located in Leme and bordering another favela Babolonia, the government has little to do with its Community Health Center. The health center would welcome government funding but realize that until then, the community must continue to work together in order to keep the center up and running. Both Babilonia and Chapéu Mangueira depend on the services provided from the center.
The health center sees an average of 20 patients a day. Most of the patients come to the health center but for those who cannot get to the bottom of the hill, the doctor will make house calls. All of the medicine and supplies are donated by the community, and the center would not run without these donations.
The health center is free for anyone who needs it, but some patients contribute when they can because they realize without their donations, the health center would not exist. The health center is completely ran by the community and is operated by all volunteers; there are two dentists, a gynecologist, a pediatrician, a general clinician and child psychologist who visits the center as needed. The gynecologist is there often, but has not returned due to violence in the area. All of the doctors have jobs outside the center and when supplies run low, they bring in more from the hospitals and clinics where they work.
The low supplies have become an issue for the dentist in Chapéu Mangueira. The dentists at the health center can only tend to the children, because there are not enough supplies to work on both children and adults. The dentists visit the daycare, where he takes two children in at a time, and gives them check-ups.
Though this center only sees and average of 20 patients a day, the community has joined together to turn the situation in both communities around. Until the government takes the actions of thses health care workers seriously, and prvided them with the materials and resources needed to provide adequate services to the ppl in both communites, these communities will continue to pull together every resource in order to provide themselves the basic right to the protection of life and health.
A Different Type of Development
Development of a child comes in many forms. There are the basic development needs such as food, water, shelter and then there are social development needs such as interaction with other children in the community, education and leisure. Casa da Árvore is an organization that believes that development takes form through interaction with ones peers.
Casa da Árvore is an organization based on a model started by a French psychologist, Françoise Dolto of dealing with problems associated with socialization and violence. Casa da Árvore is headed by two psychologists Lulli Milman and Maria Fernanda Carneiro da Cunha Baines. All staff at the organization has psychology degrees and work to help children with social interaction, behavioral issues and integrating them with other children. The first center was started in Rio de Janeiro in October 2001 in Morro dos Macacos, a favela located in Vila Isabel.
A large part of Casa da Árvore’s project is integrating parents into the program. Casa da Árvore’s staff have seen many set backs when it comes to this process. In some communities, the parents are not able to attend activities due to circumstances such as work, etc. For those communities such as Chapéu Mangueira, where they have found progress in integrating parents into the program, the work has a greater impact. Casa da Árvore works with 25-45 kids, three days a week, with different psychologists working at a time, depending on the level of violence within the community.
The kids are recruited through word of mouth; parents rarely bring their own children. Children usually show up with friends already a part of the program, or from referrals from teachers and health care workers within the community. They believe in making a connection with a place, rather than an individual. Casa da Árvore is another organization aiding in the development of children in tough living environments.
PRONASCI: A Step Forward?
Although affronts to the rights of children persist, the government has recently enacted new legislation that promises to specifically promote violence prevention, public security, and social programs while paying special attention to issues affecting children and adolescents. This National Plan for Public Security and Citizenship (PRONASCI) was enacted August 20, 2007 and represented a hopeful milestone in achieving government initiatives aimed at reducing violence, improving security, and reinforcing the human rights guaranteed in legislation such as the Statute of the Child and Adolescent (ECA). More recently, on June 27, 2008, the government allocated over R$ 600 million to the PRONASCI program which should help guarantee that children’s rights in Brazil will be more effectively protected in coming years.
The PRONASCI represents a hopeful action on the part of the government, however, the current Minister of Justice, Tarso Genro, warns that the improvements to security may not be felt immediately and that it may be three to five years before measurable improvements occur. Even so, he remains hopeful that the PRONASCI will significantly reduce the number of violent deaths in the country from a current average of 29 deaths for every 100,000 inhabitants to an average of 17.
It has now been 18 years since the ECA was originally enacted but nevertheless, Brazil still leads the world in the number of youths killed by firearms. This figure is one example of how the provisions of the ECA have yet to be fully observed in Brazil and attests to the magnitude of government action necessary for ensuring children’s rights will be protected in the future. However, new initiatives such as the PRONASCI provide us with hope that a significant shift for the protection of the rights of children and an improvement in the security of all Brazilians may be occuring. This legislation demonstrates a willingness on the part of government to make the changes necessary for narrowing the gap between what Brazil’s legislation promises, and the rights its citizens enjoy.
Further Reading:
This article details recent efforts of the Brazilian government with regards to improving security and human rights through the PRONASCI.
This article praises the passing of PRONASCI legislation as a historic milestone for human rights and violence reduction in Brazil.
Communidade Segura: Praise for the passing of further PRONASCI initiatives
A news article in Portuguese regarding the most recent PRONASCI initiatives and government expectations for the results.
Over R$ 600 million recently allocated for PRONASCI and improving children’s rights in Brazil
An article regarding the effects of gun violence on youth.
Comunidade Segura: Youth particularly affected by gun violence
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