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F ull Inclusion 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 ).

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f ull inclusion of children and young people with disabilities into society

Full Inclusion of children and young people with disabilities into society

Introduction in workshop ‘Intersectoral approach tochildren’srights’

21 november 2013

the decree regarding the rights of children in flemish youth care

The decreeregarding the rights of children in Flemish youth care

Jole Louwagie

Belgium (Flanders)

Guaranteetoequalrights

forallchildren

in youthcare

the decree regarding the rights of children in flemish youth care1
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
SUMMARY
  • IntegratedYouth Care
  • Decreerights of children in youthcare:
    • Background
    • Guidingprinciples
    • Rights
    • Implementation
  • Conclusion
the decree to integrated youth care
The decree to Integrated Youth Care

Adecree to improve the quality of youth care services:

  • More demand-orientedcare, withmaximizedfocus on theirstrenghts, in theirownsocialnetwork & family
  • ‘in time’/earlyaccess 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, strengtheningthe legal status of children in youth care facilities.
involved 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

t he decree regarding the rights of children in youth care background
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
t he decree regarding the rights of children in youth care guiding principles
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.
t he decree regarding the rights of children in youth care guiding principles1
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
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 care1
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 care2
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
Critical elementsforimplementation

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
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.