Every year, on November 20, the United Nations celebrates World Children's Day. The date was not chosen by chance. It was on November 20, 1989, that the UN General Assembly adopted the Convention on the Rights of the Child, one of the most important documents ever written about childhood.
In this article, we explain what this agreement brought that was new, how it reached Brazil and why another UN document, published in 2009, speaks directly to the work of children's shelters like PROHACC.
A simple idea that changed a lot
For a long time, children were seen as people who only receive care, almost as an extension of adults. The 1989 Convention turned that around. It recognizes the child as a person with rights of their own: to life, health, education, leisure, family life, to be heard in decisions that affect them and to have their private life respected.
One of the central points of the text is the so-called best interests of the child. In any decision made by courts, authorities or welfare institutions, the child's well-being must come first. The Convention also asks that services responsible for the care of children follow standards of safety, health and staff qualification.
The treaty nearly every country signed
The Convention entered into force on September 2, 1990, less than a year after it was adopted. Today, according to the United Nations Treaty Collection, it has 196 States Parties. UNICEF describes it as the most widely ratified international human rights instrument in history.
This reach carries a beautiful meaning. Countries with very different cultures, religions and political systems agreed, in writing, that every child deserves protection.
How the Convention reached Brazil
Brazil signed the Convention in January 1990 and ratified it on September 24 of the same year. The text was promulgated by Decree 99,710 of November 21, 1990, and took effect for the country on October 23, 1990.
That same year, on July 13, the Statute of Children and Adolescents (ECA) was born. Brazil was going through a time of great mobilization for children. The 1988 Constitution, in article 227, had already made the rights of children and adolescents an absolute priority, and the ECA came to regulate that article. UNICEF notes that the Convention inspired both article 227 and the ECA. CONANDA, the national council for the rights of children, goes in the same direction and states that the Statute faithfully reflects the content of the Convention.
What was agreed in New York helped shape the law that protects Brazilian children today.
A document made for those who care
In its article 20, the Convention addresses children who are temporarily or permanently deprived of their family environment. They are entitled to special protection and assistance. In article 25, it guarantees that every child placed in an institution for care or protection has their situation reviewed periodically.
Twenty years later, on December 18, 2009, the General Assembly went further and adopted the United Nations Guidelines for the Alternative Care of Children, through resolution A/RES/64/142. It is a practical text, designed for governments, institutions and professionals who care for children separated from their families. Some principles stand out to anyone who works in a home like ours:
- the family is the natural environment for a child to grow up in, and the first effort should be to keep the child with their family or return them to it;
- removal from the family is a last resort and, whenever possible, should be temporary and last as short a time as possible;
- poverty alone should never justify removing a child from home; it is a sign that the family needs support;
- siblings with existing bonds should not be separated, except for a serious reason;
- the child should preferably stay close to where they lived, to keep their school, friends and contact with their family;
- the situation of each child in care should be reviewed regularly, preferably every three months;
- care homes should be small, similar to a family home, with individual attention and the aim of preparing the return to the family or another stable arrangement.
Anyone familiar with the ECA will recognize several of these ideas. Periodic reassessment, care in small groups, keeping siblings together and the priority of returning home are also found in Brazilian law and in the Technical Guidelines (Orientações Técnicas) of CNAS and CONANDA, published in that same year, 2009.
What this has to do with everyday life
To a child in care, these documents may seem distant. But they show up in concrete details of the routine. They show up when the child stays in the same school, when they receive family visits, when they have their own individual care plan and when the home protects their image and their story.
The UN guidelines also remind us that care does not end on the day a child leaves. They ask institutions to prepare children and teenagers, throughout their time in care, for autonomy and for life in the community. It is a generous vision: protecting now is not enough, we must also help build what comes after.
An achievement shared by all
The Convention and the 2009 guidelines are the result of years of work by governments, experts, social organizations and ordinary people who believed that childhood deserved a worldwide commitment. It is only fair to recognize this effort and celebrate what it has brought.
A clarification: PROHACC has no affiliation, partnership or endorsement from the United Nations or any of its agencies. This article simply presents public documents that inspire our work.
Where PROHACC fits into this story
Since 1997, PROHACC has cared for children and teenagers in Perus, a neighborhood of the city of São Paulo. Today there are about 18. We have no government funding agreement. Food, clothing, medicine and the upkeep of the home depend on people and companies who decide to help.
Every donation helps turn what the world promised children in 1989 into real care.
Want to be part of it? See the ways to support on the How to help page. A PIX to CNPJ 02.163.594/0001-87 is a great start.
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Sources
- United Nations. Treaty Collection, Convention on the Rights of the Child (adopted on 11/20/1989 by resolution 44/25, entered into force on 09/02/1990, 196 States Parties, ratified by Brazil on 09/24/1990): https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-11&chapter=4&clang=_en
- United Nations. World Children's Day, November 20: https://www.un.org/en/observances/world-childrens-day
- UNICEF. History of child rights (most ratified instrument): https://www.unicef.org/child-rights-convention/history-child-rights
- Decree 99,710/1990, promulgating the Convention on the Rights of the Child, arts. 3, 20 and 25: https://www.planalto.gov.br/ccivil_03/decreto/1990-1994/d99710.htm
- UNICEF Brazil. 30 years of the Convention on the Rights of the Child: https://www.unicef.org/brazil/comunicados-de-imprensa/30-anos-da-convencao-sobre-os-direitos-da-crianca-avancos-problemas-e-novos-desafios
- UNICEF Brazil. Statute of Children and Adolescents: https://www.unicef.org/brazil/innocenti/estatuto-da-crianca-e-do-adolescente
- CONANDA. Public note on the 26th anniversary of the ECA: https://www.gov.br/mdh/pt-br/acesso-a-informacao/participacao-social/old/conselho-nacional-dos-direitos-da-crianca-e-do-adolescente-conanda/notas-publicas-1/NOTAPBLICA26ANOSECAAPROVADA.pdf
- Statute of Children and Adolescents, Law 8,069/1990: https://www.planalto.gov.br/ccivil_03/leis/l8069.htm
- UN General Assembly. Resolution A/RES/64/142, Guidelines for the Alternative Care of Children, 12/18/2009, paragraphs 3, 11, 14, 15, 17, 67, 123 and 131 (copy hosted by Better Care Network): https://bettercarenetwork.org/sites/default/files/Guidelines%20for%20the%20Alternative%20Care%20of%20Children%20-%20English.pdf
- CNAS and CONANDA. Technical Guidelines (Orientações Técnicas): Residential Care Services for Children and Adolescents, 2009 (copy hosted by TJDFT): https://www.tjdft.jus.br/informacoes/infancia-e-juventude/informacoes/informacoes/instituicoes-de-acolhimento-1/orientacoes_tecnicas.pdf
- PROHACC on Instagram (@prohacccasa), post of 05/19/2020, the house's monthly expenses: https://www.instagram.com/p/CAYu4ZkgBlV/