CDDECS-ENF(2014)4

 

9 October 2014

 

 

 

 

 

 

 

Committee of Experts on the Council of Europe strategy

for the rights of the child (2016-2019)

(DECS-ENF)

 

 

 

Document prepared by the Secretariat for the attention of the European Committee for Social Cohesion, Human Dignity and Equality (CDDECS)

 

 

 

 

 

 

 

Survey on child-friendly social services

 

 

 

 

 

 

 

 

 

 

Part 1: Background

 

1. Information on the Recommendation on children’s rights and social services friendly to children and families

 

The Recommendation on children’s rights and social services friendly to children and families (hereafter the Recommendation) was adopted by the Committee of Ministers of the Council of Europe (CoE) on 16 November 2011. The Recommendation builds on international legal texts on the rights of children, relevant recommendations of the Committee of Ministers and the Parliamentary Assembly to member states, as well as, reports prepared under the auspices of the European Committee for Social Cohesion (CDCS) on specific issues related to the protection of children. Finally, the Recommendation refers to the 2010 New Strategy for Social Cohesion and CoE Action Plan for Social Cohesion, the final communiqué of the Conference of European Ministers responsible for Family Affairs and the work of the CoE programme “Building a Europe for and with Children”, the programme’s 2009-2011 and ongoing 2012-2015 Strategy on the rights of the child.

 

The Recommendation addresses children’s rights in social services planning, delivery and evaluation. Its aim is “to ensure that social services are delivered upon individual assessment of the child’s needs and circumstances and take into account the child’s own views, considering his or her age, level of maturity and capacity.”

 

The Recommendation defines “child-friendly social services” as “social services that respect, protect and fulfil the rights of every child, including the right to provision, participation and protection and the principles of the best interest of the child.”

 

The Recommendation builds on three existing principles enshrined in the legal texts referred to in the preamble, namely the provision of social services in the best interest of the child, the child’s rights to participation and the child’s right to protection. These three principles are to be applied to all social services provided to children, including general, specialised and intensive social services (section IV of the Appendix to the Recommendation) and in all aspects of social service delivery. Section V of the Appendix to the Recommendation further explains the key strategies in child-friendly social service delivery, which include information and advice, accessibility of services, availability, appropriateness and suitability, interdisciplinary and multi-agency collaboration, professional competency, safety of the child, confidentiality and privacy rights, mechanisms for complaints and quality standards and monitoring and evaluation.

 

2. Purpose of the Survey on Child- and Family-friendly social services

 

The overall purpose of the Survey is to collect good practices related to legislation, policies and programmes in member states, which contribute to the implementation of Child- and Family-friendly social services, in general, and the key principles and strategies of the approach, in particular. The Survey is in line with the focus of the work programme of the European Committee for Social Cohesion, Human Dignity and Equality (CDDECS) on the effective implementation of legal standards in member states, the compilation of data and the collection of good practices in member states on how to ensure Child- and Family-friendly social services.

 

Taking into account that the overarching goal for 2012-15 of the Programme “Building a Europe for and with children” will be to achieve effective implementation of existing children’s rights standards, the role of the CoE and the CDDECS and the principles and strategies of the Recommendation, the Survey has been divided into five sections, as follows:

 

1. Legislation aimed at implementing children’s rights and social services friendly to children and families;
2. Current policies and programmes at national level;
3. Social service delivery;
4. Capacity building measures for professionals;
5. National practices which have proven to be effective.

 

3. Explanatory notes to facilitate member states’ replies to the Questionnaire

 

Part 3 of this survey aims at helping the ministerial officer(s) filling in the survey. The section includes explanatory notes describing briefly what the question means and/or why it is relevant, definitions of key concepts and reference to specific paragraphs of the Recommendation and its Guidelines.

Part 2: Survey

 

Legislation aimed at implementing children’s rights and social services friendly to children and families
	Question	Yes	No
1.1.	Has there been any review of domestic legislation to ensure the implementation of the Recommendation?
	If yes, please specify
1.2.	Has your government ratified relevant Council of Europe conventions concerning children’s rights?
	If yes, please specify
1.3.	Is there legislation in place for the prevention and protection of children from all forms of neglect, abuse, violence and exploitation?
	If yes, please specify
1.3.1.	If yes, does it include the protection of vulnerable children, for example, children in poverty, migrant children, children victims of trafficking, children with mental health problems, children without parental care and children whose parents are deprived of their liberty or some other rights?
1.3.2.	If yes, does it include provisions which address all forms of neglect, abuse, violence and exploitation against children that take place in the family?
1.3.3.	If yes, does it include provisions which address all forms of neglect, abuse, violence and exploitation against children that take place in out-of-home placement?
1.4.	Is there legislation in place to ensure equal access to social services for all children?
1.5.	Is there legislation to ensure confidentiality and the protection of personal data of children?
Current policies and programmes at national level
	Question	Yes	No
2.1.	Has the content of the Recommendation been disseminated nationally?
2.1.1.	If yes, has it been disseminated in child-friendly languages and formats?
2.1.2.	If yes, has it been disseminated among authorities responsible for or otherwise involved with children’s rights in social services, service providers, and groups representing the interests of children and families or other stakeholders?
	If yes, please give examples
2.2.	Are research and/or needs assessment carried out or commissioned for the planning and delivery of social services?
	If yes, please give examples
2.3.	Where necessary, are budgets allocated for the delivery of child- and family-friendly social services?
	If yes, please give examples
2.4.	Are there mechanisms for complaints to an independent and impartial body available to children and families?
2.4.1.	If yes, is related information disseminated to children and parents?
2.4.2.	If yes, are there reports on the complaints made?
2.4.3.	If yes, are complaints made by children and/or parents always addressed?
2.5.	Are there cross-sector policies in place (including education, health and social services and law enforcement agencies) regarding different aspects of child- and family-friendly social services?
2.5.1.	If yes, do they include measures to support parents and children against poverty?
2.5.2.	If yes, do they include measures to address children’s vulnerabilities?
2.6.	Do government/social services engage in co-operation in the field of research and exchange of good practices on child- and family-friendly social services, both domestically and internationally?
Social service delivery
	Question	Yes	No
3.1.	Are there general social services available in your country?
3.1.1.	If yes, please specify according to each point set out in the explanatory note
3.2.	Are there specialised social services available in your country?
3.2.1.	If yes, please specify according to each point set out in the explanatory note
3.3.	Are there intensive social services available in your country?
3.3.1.	If yes, please specify according to each point set out in the explanatory note
3.4.	Has the government carried out any awareness raising campaigns on children’s rights and availability of social services?
3.4.1.	If yes, was the information available in child-friendly languages and formats?
3.4.2.	If yes, did it include any measures aimed at raising parental awareness of children’s rights?
3.5.	What measures have been put in place to guarantee safe social services premises in terms of facilities, equipment and other aspects?
3.6.	Are social services delivered on the basis of appropriateness to the needs of every child and every family at a given moment in time, bearing the child’s future in mind?
	If yes, please explain
3.7.	Is there co-operation between social services across borders in individual cases where children are at risk and are moving between countries?
	If yes, please explain
3.8.	Is there regular (i.e. annual) internal evaluation of services based on strict and transparent rules and criteria?
3.8.1.	If yes, is information made public?
3.8.2.	Are children and parents involved in the design, development and evaluation of social services?
	If yes, please provide examples
3.8.3.	Are civil society organizations consulted to monitor progress of planning and delivery of social services?
Capacity building measures for professionals
	Question	Yes	No
4.1.	Do all members of staff working with and for children have specific training in child protection?
4.1.1.	If yes, does it include children’s rights?
4.1.2.	If yes, does it include the identification of signs of child abuse and neglect and current referral and reporting mechanisms?
4.1.3.	If yes, does it include communication with children?
4.1.4.	If yes does it include professional responsibility, accountability and inter-disciplinary co-operation between different professions?
4.2.	Are professionals working with children subject to supervision and other safety-related measures?
National practices which have proven to be effective
Please use this space to register additional national practices relating to the implementation of children’s rights and child- and family-friendly social services, which have proven to be effective

 

Part 3: Explanatory notes

 

For the purpose of the Recommendation (in Appendix, Section II. Definitions):

 

1. “a “child” refers to any person below the age of 18;
2. a “parent” refers to the person(s) with parental responsibility according to national law. In cases where the parent or parents are absent or no longer have parental responsibility, this can be a guardian, an appointed legal representative or the child’s immediate caregiver;
3. the term “social services” refers to an inclusive range of services meeting general social needs as well as personal social services provided either by public or private bodies. While the former refers to standardised, universal services provided to people as members of a category, the latter are “needs specific” and are addressed to particular needs of beneficiaries;
4. the term “social services for children and families” refers to a set of measures and activities to meet the general or individual social needs of the child and/or the family. They are designed to meet the diverse needs of children and families as general, specialised and intensive social services delivered at different levels;
5. the term “child-friendly social services” refers to social services that respect, protect and fulfil the rights of every child, including the right to provision, participation and protection and the principle of the best interest of the child.”

 

Question 1.1.

 

Explanatory note

 

Member states should review their domestic legislation, to ensure that it is in line with the guidelines set out in the Recommendation and to adopt legislation, where it is not.

 

Reference

 

In the Preamble of the Recommendation, the Committee of Ministers encourages member states to “review domestic legislation, policies and practices to ensure the necessary reforms to implement this recommendation.”

 

Question 1.2.

 

The legal texts concerning the rights of children, which are outlined in the Preamble of the Recommendation are:

 

• the United Nations Convention on the Rights of the Child;
• the Convention for the Protection of Human Rights and Fundamental Freedoms (ETS No. 5);
• the European Social Charter (ETS No. 35) and the European Social Charter (revised) (ETS No. 163);
• the European Convention on the Exercise of Children’s Rights (ETS No. 160);
• the Convention on Contact concerning Children (ETS No. 192);
• the European Convention on the Adoption of Children (revised) (CETS No. 202);
• the United Nations Convention on the Rights of Persons with Disabilities;
• the Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (CETS No. 201).

 

The Recommendation takes into account the following recommendations and guidelines of the Committee of Ministers:

 

• Rec(87)20 on social reactions to juvenile delinquency;
• Rec(98)8 on children’s participation in family and social life;
• Rec(2003)19 on improving access to social rights;
• Rec(2005)5 on the rights of children living in residential institutions;
• Rec(2006)5 on the Council of Europe Action Plan to promote the rights and full participation of people with disabilities in society: improving the quality of life of people with disabilities in Europe 2006-2015;
• Rec(2006)19 on policy to support positive parenting;
• CM/Rec(2009)10 on integrated national strategies for the protection of children from violence;
• CM/Rec(2009)9 on the education and social inclusion of children and young people with autism spectrum disorders;
• CM/Rec(2010)2 on deinstitutionalisation and community living of children with disabilities;
• 2010 Committee of Ministers’ Guidelines on child-friendly justice;
• 2011 Committee of Ministers’ Guidelines on child-friendly health care.

 

The Recommendation recalls the following Parliamentary Assembly recommendations:

 

• 1121 (1990) “Rights of children“ ;
• 1501 (2001) “Parents’ and teachers’ responsibility in children’s education”;
• 1703 (2005) “Protection and assistance for separated children seeking asylum”;
• 1666 (2004) “European-wide ban on corporal punishment of children”;
• 1778 (2007) “Child victims: stamping out all forms of violence, exploitation and abuse”;
• 1864 (2009) “Promoting the participation by children in decisions affecting them”;
• 1905 (2010) on “Children who witness domestic violence”;
• 1939 (2010) “Children without parental care: urgent need for action”;
• 1934 (2010) “Child abuse in institutions: ensuring full protection of the victims”.

 

Question 1.3.

 

Explanatory note

 

Member states should adopt legislation for both the prevention and protection of children from all forms of neglect, abuse, violence and exploitation. Prevention measures may include the provision of services and resources necessary for positive parenting and the empowerment of parenting skills; equal opportunities for all children, including children from vulnerable groups; and prevention of re-victimisation of the child. Protection measures may include education; out-of-home placement; financial support to families; and emergency interventions, among other. The child protection system should include adequate planning, delivery and monitoring and evaluation (for more information on these aspects, please refer to the questions and explanatory notes concerning Section 3 of the survey on Social service delivery).

 

Reference

 

Section III.C. of the Appendix on the child’s right to protection states that:

 

“1.Social services for children and families should ensure the protection of children from all forms of neglect, abuse, violence and exploitation by preventive measures as well as through appropriate and effective interventions. These should aim for the preservation of family strength and unity, especially in families facing difficulties.

 

2.Situations of child abuse and neglect require supportive and comprehensive services with the aim to avoid family separation for him or for her. Maintaining the family unity should not, however, be an aim in itself. In the best interest of the child and his or her protection, out-of-home placement is sometimes necessary. Moreover, when the parents are involved in the sexual abuse or exploitation of the child, the intervention procedures shall include the possibility of removing the alleged perpetrator from the family home.

 

3.Decisions of out-of-home placement must only be made on the basis of the best interest of the child. The choice of care should be appropriate to both the present and future needs of the child.

 

4.Social service delivery for children and families for protecting vulnerable children should, inter alia, adhere to the following principles:

 

1. prevention and early intervention;
2. child-focused partnership with parents;
3. careful assessment of the individual child’s needs with regard to protective factors (including               strength) as well as risk factors in the child’s social environment;
4. prevention of re-victimisation of the child.”

 

Section V.A. of the Appendix on the safety of the child states that “In all social service delivery, the safety of the child should be a primary consideration. Children should be protected from harm by effective and speedy intervention in high risk situations while ensuring the avoidance of secondary victimisation. For these purposes, a system of mandatory reporting to social services or other appropriate agencies should be established. Further measures to safeguard children’s safety include, inter alia:

 

1. professionals working with and for children should be subject to supervision including, where necessary, regular and comprehensive assessment ;
2. staff recruitment procedures should include vetting according to national law to ensure staff suitability to work with children, for example, by verification of criminal records;
3. social service premises should be safe in terms of the state of the facilities, equipment and other aspects of the physical or social environment.”

 

Question 1.4.

 

Explanatory note

 

Measures to ensure equal access to social services may include, among other: legislation protecting the access of vulnerable groups of children; facilities that are within easy reach of the child population and that offer a range of social services; sufficient availability of services; among other.

 

Reference

 

Section I. of the Appendix on the scope and purpose of the Recommendation states that 2. “The recommendation applies to all children without discrimination in whatever situation, capacity or for whatever reason they may come into contact with social services as well as with regard to all decisions of social services that may directly or indirectly affect their life.”

 

Section III.A.3. of the Appendix on provisions in the best interest of the child states that social services “should ensure appropriate response and quality of interaction with children and families including:

 

1. respect for the dignity of the child and her or his family, which ensures that children are treated with care, sensitivity, fairness and respect;
2. protection from discrimination on any grounds such as sex, age, disability, social, economic or ethnic background, race, colour, birth, property, language, religion, political or other opinion, sexual orientation or other status;
3. social inclusion to ensure equity, equal opportunities and positive outcomes for all children, including children from vulnerable groups;
4. overcoming stigmatisation of certain groups of children who experience social prejudice by supporting a positive self-image and self respect;
5. avoidance of dependency on services by encouraging the autonomy and activity of children and families.”

 

Section V.B. of the Appendix on accessibility of services of the Recommendation states that:

 

“As holders of social rights, children should have equal access to social services. This entails measures being taken, inter alia, to ensure:

 

1. a child-friendly facility and a single point of access to different offers of the social services;
2. a child-focused and culturally-sensitive approach which fosters meaningful dialogue with children and families;
3. prompt responses to any problems children and their families might experience, especially in emergency situations;
4. flexibility in opening hours and of geographical accessibility through a network of outreach service offers;
5. translation, interpretation and application of different information technologies adapted to different               situations;
6. design and organisation of social service offices responding to the special needs of persons with physical, sensory or intellectual impairments as well as mental disorders;
7. affordability in the case of fee-based services.”

 

Question 1.5.

 

Explanatory note/Reference

 

Section V.H. of the Appendix focuses on confidentiality and privacy rights and states that “The privacy and personal data of children who are or have been recipients of social services should be protected in accordance with national law. No information or personal data may be made available or published, particularly in the media, which could reveal or indirectly enable the disclosure of the child’s identity or her or his family. This includes, inter alia:

 

1. prevention of violations of privacy rights by the media should be ensured through legislative measures or through monitoring self-regulation by the media;
2. access to all records or documents containing personal and sensitive data relating to children should be restricted and be stipulated by law. If the transfer of personal and sensitive data is necessary for the best interest of the child, this should be regulated by the relevant data protection legislation;
3. professionals working with and for children should abide by strict rules of confidentiality except where there is a risk of harm to the child;
4. rules on confidentiality should facilitate multidisciplinary co-operation by setting up a common framework for respecting the right to privacy. This entails allowing the sharing of information with persons bound by professional secrecy, and only if it is in the best interest of the child. Sharing information should be limited to what is strictly necessary to achieve this end and should generally be subject to the approval of the child and her or his parents.”

 

Question 2.1.

 

Explanatory note

 

Information is a key strategy in policy-making and in the delivery of services. Children and parents should be informed about their rights and what services are available to them (see question 3.4. of the survey on this issue), as well as, the contents of key policy documents. On the other hand, the authorities working with and for children should be informed and trained on how to use the different legislation and policy documents.

 

Reference

 

In the Preamble of the Recommendation, the Committee of Ministers encourages member states to “disseminate the content of this recommendation in a child-friendly language and format” and “Invites member states to ensure that this recommendation is widely disseminated among all authorities responsible for or otherwise involved with children’s rights in social services, service providers, groups representing the interests of children and families and of other stakeholders.”

 

Question 2.2.

 

Explanatory note

 

Performing research on specific issues related to child protection (i.e. domestic violence, vulnerable children, impact of the economic crisis on children and families, etc) or general needs assessment of the child population is essential to ensure quality and effective planning and delivery of services. Research and needs assessment may be carried out by the government or by commissioning it to universities or other specialised entities.

 

Reference

 

Regarding the planning and delivery of social services, Section V.C. of the Appendix on availability states:

 

1. “that social services be provided according to a careful assessment of needs for general, specialised and intensive services and meet the objectives assigned to them;
2. that regular reviews of range, volume and objectives of services be conducted to ensure flexibility and sensibility to changing needs and the development of work practices.”

 

Question 2.3.

 

Explanatory note

 

In order to adopt the principles and provisions set out in the Recommendation and its guidelines, the government needs to ensure the allocation of budgets necessary to adapt infrastructures, train professionals working with and for children, to establish monitoring and evaluation systems and other measures, as appropriate.

 

Reference

 

Section V.C. paragraph c. of the Appendix states that “sufficient financial, infrastructural and human investment (are to) be ensured to achieve established objectives.”

 

Question 2.4.

 

Explanatory note/Reference

 

Section V.I. of the Appendix states that “Mechanisms for re-examination of the outcome of decisions or requests when they are challenged by the child or her or his parents should be in place. A clear complaint procedure to an independent and impartial body should be established including facilitating measures for the child to exercise the right to make complaints. A special effort should be made to disseminate information on procedures to ensure that children and families are aware of the right to make complaints and have decisions reviewed.”

 

Question 2.5.

 

Explanatory note

 

The well-being of children is dependent upon a number of services being available to them in a variety of sectors, including education, sports, social protection and health, justice, environment and other. This is particularly important for children and families with complex and multiple needs.

 

Reference

 

Section V.E. paragraphs 1-3 of the Appendix emphasise the need for social services to work in an interdisciplinary way and in collaboration with other agencies. The Recommendation suggests the adoption of common assessment frameworks and interagency protocols, with an attention to rules on confidentiality. The recommendation also suggests that social services “facilitate the availability of child-friendly, multi-sectoral and interdisciplinary services for child victims and witnesses of abuse for the purposes of avoiding repeated interviews and the re-victimisation of the child.”

 

Question 2.6.

 

Explanatory note

 

Member states of the Council of Europe may have diverse social protection systems, but often the problems faced by children across countries are similar and so will be the strategies to address them. For this reason, it is very important for member states to share research and good practices in different areas. Research may be carried out by a group of countries on common problems with the aim to draw comparative findings and recommendations; or member states may share good practices that are in place domestically, with other countries.

 

Reference

 

In the Preamble of the Recommendation, the Committee of Ministers encourages member states to “promote co-operation in the field of child- and family-friendly social services, including in the field of research and sharing of good practice, both domestically and internationally.”

 

Question 3.1.

 

Explanatory note/Reference

 

Section IV.A. of the Appendix on general social services states that “General social services for children and families should be organised on the basis of subsidiarity and offer a range of preventive, comprehensive and responsive services, with special regard to children deprived of their rights and families with the greatest needs. This includes, inter alia:

 

1. guaranteeing children’s access to good quality advice/counselling, educational day care, recreational and cultural activities, etc., especially taking the parent’s or parents’ situation in the labour market              (participation or exclusion) into consideration;
2. the fulfilment of basic needs of children and families in situations of poverty such as financial assistance, subsidised housing and access to health care and education for all children;
3. support systems for children in vulnerable situations, for example, migrant children, children victims of trafficking, children with mental health problems, children without parental care and children whose parents are deprived of their liberty or some other rights;
4. general provisions for family counselling and programmes to enhance parenting skills;
5. integrated policies and effective early intervention in situations of child abuse and neglect, including developing an individual plan of appropriate support for each and every child;
6. that services accommodate the special needs or children with disabilities and their families, for independent living and full participation in everyday life;
7. implement effective prevention programmes against criminality, substance abuse and other risk-taking behaviour as well as measures to overcome toxic elements in the child’s social environment.”

 

Question 3.2.

 

Explanatory note/Reference

 

Section IV.B. of the Appendix on specialised social services states that “Specialised social services should be in place to ensure immediate emergency interventions and address negative impacts of adverse childhood experiences, and provide social and psychological support to children and their families. These multidisciplinary services and/or programmes should be based on assessment of children’s individual needs and preferably evidence-based interventions. These should, inter alia, include services for children and parents with regard to:

 

1. victims of physical and mental violence, abuse and neglect, including cases where children witness domestic or other kinds of violence;
2. victims of sexual abuse and exploitation;
3. parents in special need of parenting skill training, for example due to abusive or deficient parental practices;
4. children with cognitive, communication, physical and other disabilities;
5. children with behavioural and emotional difficulties, including anti-social behaviour (for example, aggression, inappropriate sexual behaviour), substance abuse and mental disorders.”

 

Question 3.3.

 

Explanatory note/Reference

 

Section IV.C. of the Appendix on intensive social services states that “When decisions of alternative care cannot be avoided, the principle of appropriateness to the child’s needs identified by a rigorous assessment should be the determining factor with regard to individual decisions.[1] Intensive social services should be based on the following principles:

 

1. standards of quality of care, including rules on children’s rights, should be established;
2. children in alternative care should have their situation reviewed regularly with the aim of reintegration of the child into family and society by provisions of after-care;
3. programmes for de-institutionalisation need to be developed in co-ordination with efforts to increase family and community-based care services, especially for children under the age of 3 and children with disabilities;
4. short-term intensive services, for example placement for acute, diagnostic/assessment or for respite-care purposes, should be available as a family support measure;
5. provisions of alternatives to deprivation of liberties for children in conflict with the law should be developed.”

 

Question 3.4.

 

Explanatory note

 

It is essential that children and parents know about their rights and the availability of social services, in order to access them. Children and parents should be informed in languages and formats that they can understand. This may mean preparing information materials in different languages and in child-friendly formats, which target children of different age groups or other, as appropriate. The information should be disseminated in children’s life settings, such as the home, school, recreational and cultural spaces or other.

 

Reference

 

Section V.A. paragraph 1 of the Appendix states that “The dissemination of information on the rights and availability of social services should be transparent and in child-friendly language, reflecting the needs of children of all ages and stages of development. Reaching out, for example through awareness-raising campaigns as well as support and information services, should be developed, especially targeted at vulnerable children and families. Support systems aimed at raising parental awareness of children’s rights should be in place.”

 

Question 3.5.

 

Explanatory note

 

Accidents and unintentional injuries are a risk for children of all age groups. For this reason, it is very important to address safety issues in social service premises, among other. For example, facilities should be kept in good conditions and the equipment used should follow safety norms.

 

Reference

 

Section V.G. paragraph c. of the Appendix on the safety of the child states that “social service premises should be safe in terms of the state of the facilities, equipment and other aspects of the physical or social environment.”

 

Question 3.6.

 

Explanatory note

 

The Recommendation places significant focus on the individual needs of children and their families. Children are to be listened to, respected, treated and consulted, taking into account their best interest and evolving capacities. The Recommendation calls on social services to be planned, delivered and evaluated, in line with this strategy.

 

Reference

 

There are a number of paragraphs in the Recommendation that refer to the principle of the best interest of the child and the appropriateness of services for children, which can help guiding governments in implementing this strategy, as follows:

 

Section I. paragraph 3 of the Appendix states that the Recommendation “aims to ensure that social services are delivered upon individual assessment of the child’s needs and circumstances and take into account the child’s own views, considering his or her age, level of maturity and capacity.”

 

Section III.A. of the Appendix addresses the best interest of the child and states that:

 

“3. Social services for children and families should aim at the full development of the child’s potential and recognise the child’s need to be nurtured, recognised, empowered and to have a structured upbringing. Social services should ensure appropriate response and quality of interaction with children and families including:

 

6. respect for the dignity of the child and her or his family, which ensures that children are treated with care, sensitivity, fairness and respect;
7. protection from discrimination on any grounds such as sex, age, disability, social, economic or ethnic background, race, colour, birth, property, language, religion, political or other opinion, sexual orientation or other status;
8. social inclusion to ensure equity, equal opportunities and positive outcomes for all children, including children from vulnerable groups;
9. overcoming stigmatisation of certain groups of children who experience social prejudice by supporting a positive self-image and self respect;
10. avoidance of dependency on services by encouraging the autonomy and activity of children and families.”

 

Section III.B. of the Appendix addresses child participation and states that:

 

“1.Social services in their work should ensure that the child is heard and taken seriously. Children should be considered and treated as full bearers of rights, as active subjects in the planning, delivery and evaluation of social services. Children should be empowered to exercise their rights in accordance with their capacity, given due weight to their age, development and individual circumstances. More or less formal measures, protocols and procedures should be envisaged to this end.

 

2.Participation should not only be perceived in terms of the evolving capacities of the child, the positive outcome in the future, but also in terms of the quality of the child’s life in the present. Thus children should be seen as they are today, not only as beings “in the making”.”

 

Section III.C. of the Appendix addresses the child’s right to protection and states that:

 

“4.Social service delivery for children and families for protecting vulnerable children should, inter alia, adhere to the following principles:

 

1. prevention and early intervention;
2. child-focused partnership with parents;
3. careful assessment of the individual child’s needs with regard to protective factors (including               strength) as well as risk factors in the child’s social environment;
4. prevention of re-victimisation of the child.”

 

Section V.D. of the Appendix addresses the appropriateness and suitability of services and states that:

 

1. “Social services should be delivered on the basis of appropriateness to the needs of every child and every family at a given moment in time, bearing the child’s future in mind. This should involve respecting, upholding and defending the other rights of the child, ranging from access to health care, education, recreation, culture, sports and leisure to participatory and protective rights.

 

2. The suitability of services should be based on planning and matching services with individual needs, including an assessment of outcomes for the child and, if appropriate, a review of responses.”

 

Section V.F. of the Appendix addresses professionals’ competency and states that:

 

“3. Professionals should receive training in applying participatory methods of working with children and families to ensure they are heard and taken seriously. This includes training in communicating with children at all ages and stages of development, as well as with children in situations of particular vulnerability. Staff working directly with children should be competent in building and maintaining trusting relationships with them based on mutual respect, confidentiality and friendliness.”

 

Question 3.7.

 

Explanatory note

 

Children that are moving between countries whether integrated in their families or separated, may be at risk of abuse, neglect, violence and exploitation. Co-operation between countries is important both to prevent abuse from taking place and/or re-victimisation. Co-operation may take place between border services and migration agencies, social services, etc.

 

Reference

 

In the Preamble of the Recommendation, the Committee of Ministers encourages member states to “ensure that social services co-operate across borders in individual cases where children are at risk and are moving between countries.”

 

Question 3.8.

 

Explanatory note

 

The Recommendation clearly states that in order to implement its provisions, it is essential to have in place quality social services, including an effective planning, delivery and evaluation system. This is to be achieved through consultation with different stakeholders, including children and parents.

 

Reference

 

Section III.B.3. of the Appendix states that “Participation in social services delivery for children and families can be on different levels, both individually and as a group:

 

1. consultative participation, recognising that children have expertise and perspectives which need to inform and affect adult decision making;
2. collaborative participation, offering children the opportunity to be actively involved at any stage of decision making, initiatives, projects or services;
3. child-led participation, facilitating the initiative of children and their own advocacy in relation to the various activities and services established to meet their needs.”

 

Section V.J. of the Appendix states that an effective monitoring and evaluation system should include:

 

1. “regular internal evaluation of social services based on strict and transparent rules and criteria;
2. independent external evaluation, including the involvement of children and parents in the process of evaluation of social services and making the findings publicly available;
3. to ensure that civil society, in particular organisations, institutions and bodies which aim to promote and protect the rights of the child, can participate fully in the monitoring process.”

 

Question 4.1.

 

Explanatory note

 

All members of staff working for and with children should receive specialised training on children’s rights and child protection. Training should include, among other, communication skills and how to identify signs of abuse and neglect and refer children who have been a victim.

 

Reference

 

Section F. of the Appendix includes the following provisions on professional competency:

 

“1. All members of staff working with and for children should have adequate professional training as well as ongoing training on the rights of the child. Training in human rights instruments (United Nations Conventions on the Rights of the Child and on the Rights of Persons with Disabilities) should be ensured with the aim of establishing and maintaining the cultural climate of children’s rights in social services.

 

2. All professionals should be trained in the identification of signs of child abuse and neglect that children may have experienced and how to use the relevant referring and reporting mechanisms.

 

3. Professionals should receive training in applying participatory methods of working with children and families to ensure they are heard and taken seriously. This includes training in communicating with children at all ages and stages of development, as well as with children in situations of particular vulnerability. Staff working directly with children should be competent in building and maintaining trusting relationships with them based on mutual respect, confidentiality and friendliness.

 

4. The training of professionals should include professional responsibility, accountability and interdisciplinary co-operation between different professions by sharing experiences and good practice.

 

5. Professional accountability should be ensured by clearly defined mandates, work procedures and codes of ethics. Professionals should have sufficient resources and benefit from individual and/or group supervision to enhance their competence and support.”

 

Question 4.2.

 

Explanatory note

 

Children may be exposed to risk in different life settings, including whilst in the care of professionals. In order to prevent professionals from being involved in any form of abuse, neglect, violence or exploitation against children, it is essential to establish accountability systems, which may include supervision and assessments.

 

Reference

 

Section V.G. of the Appendix on the safety of the child states that:

 

1. professionals working with and for children should be subject to supervision including, where necessary, regular and comprehensive assessment;
2. staff recruitment procedures should include vetting according to national law to ensure staff suitability to work with children, for example, by verification of criminal records.

 

Question 5.

 

Explanatory note

 

Question 5 is intended to enable member states to register good practices relating to the implementation of children’s rights and social services friendly to children and families, which have not been dealt with in any of the above questions.

 

 

 

[1] United Nations Guidelines for the Alternative Care of Children, Resolution A/64/142, 2009.