Children in Institutions: the Beginning of the End?

Innocenti Research Centre Innocenti Insight

CHILDREN IN INSTITUTIONS: THE BEGINNING OF THE END?

unicef Innocenti Research Centre Innocenti Insight

CHILDREN IN INSTITUTIONS: THE BEGINNING OF THE END? The cases of Italy, Spain, Argentina, Chile and Uruguay

For every child Health, Education, Equality, Protection ADVANCE HUMANITY unicef ACKNOWLEDGEMENTS:

With thanks to the authors, Spain: María Ángeles García Llorente and Laura Martínez-Mora Charlebois Italy: Valerio Ducci Argentina: Based on the document “Gestión de Políticas para la Protección Integral de los Derechos de Niñas, Niños y Adolescentes. Un Modelo en Construcción”, Buenos Aires, UNICEF 1999. Chile: Ana María Farías Uruguay: Article based on documents supplied by the Executive Secretariat of the CAIF Project and the Municipality of Montevideo.

The studies on Spain and Italy were carried out with the support of the UNICEF National Committee of Spain and the National Centre for Analysis and Documentation on Childhood and Adolescence, Italy at the Inno- centi Institute, Florence.

Translations from Spanish by Phillip Hill and Renée Valentino

We are especially grateful for the assistance of Elena Calvo, César Villar, Valerio Belotti and Andrea Semplici.

Cover design: Miller, Craig & Cocking, Oxfordshire - UK Layout and phototypesetting: Bernard & Co, Siena - Italy Printed by: Tipografia Giuntina, Florence, Italy Project coordinators: Miguel Cillero, Jaime Couso, Mario Ferrari ISBN 88-85401-86-4 April 2003 Cover photograph: Courtesy of the Istituto degli Innocenti, Florence. UNICEF INNOCENTI RESEARCH CENTRE

The UNICEF Innocenti Research Centre in Florence, Italy, was established in 1988 to strengthen the research capability of the United Nations Children's Fund (UNICEF) and to support its advocacy for children worldwide. The Centre (formally known as the International Child Development Centre) helps to identify and research current and future areas of UNICEF's work. Its prime objectives are to improve international understanding of issues relating to children's rights and to help facilitate the full implementation of the United Nations Convention on the Rights of the Child in both industrialized and developing countries. The Centre's publications are contributions to a global debate on child rights issues and include a wide range of opinions. For that reason, the Centre may produce publications that do not necessarily reflect UNICEF policies or approaches on some topics. The views expressed are those of the authors and are published by the Centre in order to stimulate further dialogue on child rights. The Centre collaborates with its host institution in Flo- rence, the Istituto degli Innocenti, in selected areas of work. Core funding for the Centre is provided by the Government of Italy, while financial support for specific projects is also provided by other governments, international institutions and private sources, including UNICEF National Committees.

The opinions expressed are those of the authors and editors and do not necessarily reflect the policies or views of UNICEF. Contents

FOREWORD ...... v

INTRODUCTION ...... vii

1. BEYOND THE ORPHANAGE: THE PROCESS OF DEINSTITUTIONALIZING CHILDREN IN ITALY. POST-WAR DEVELOPMENTS ...... 1 1.1 Introduction ...... 1 1.2 From 1946 to the early 1960s: reconstruction and economic development ...... 1 1.3 1962 – 1969: towards a welfare state institutional model ...... 4 1.4 1970 – 1978: reform for welfare at the local level ...... 8 1.5 1979 – 1989: a local dimension of welfare ...... 10 1.6 1990 – 1998: guidelines and instruments for a national childhood and adolescence policy ...... 13 1.7 A summary ...... 18 1.8 Italy in 2000: fewer children in institutions ...... 18 1.9 Opening the doors – some examples of deinstitutionalization ...... 19

2. THE PROCESS OF DEINSTITUTIONALIZATION IN SPAIN ...... 25 2.1 Introduction ...... 25 2.2 Legal protection of children under Spanish law ...... 27 2.3 Child care policies in Spain ...... 29 2.4 The creation of a child protection system ...... 31 2.5 Situation and trends in child protection ...... 35 2.6 Conclusions ...... 48

3. PROTECTION OF CHILDREN’S RIGHTS AT THE LOCAL LEVEL IN ARGENTINA. THE CASE OF GUAYMALLÉN: A MODEL UNDER CONSTRUCTION ...... 53 3.1 The institutionalization of children in Argentina ...... 53 3.2 Going beyond the legal framework: from the Agote law to the Convention ...... 53 3.3 The case of Guaymallén (1995-1999) ...... 54 3.4 Conclusions ...... 61

4. CHILE: THE USE OF RESIDENTIAL INSTITUTIONS AS A FORM OF CHILD PROTECTION . . .65 4.1 Introduction ...... 65 4.2 SENAME strategies ...... 65 4.3 The Home of Christ: an institutional policy for prevention and ending of institutionalization ...... 67 4.4 The Rodelillo Foundation: pilot project for family support during the process of deinstitutionalization . . .77

5. ESTABLISHING A NEW INSTITUTIONAL FRAMEWORK IN URUGUAY: COMMUNITY LEVEL, NEIGHBOURHOODS AND SOCIAL ASSETS ...... 87 5.1 Introduction ...... 87 5.2 The Nuestros Niños programme: aims, impacts and working methods with children, families and neighbourhood communities ...... 88 5.3 Towards gender-based education: ‘Teenage Girl Zones’ and ‘Teenage Boy Zones’. The programme for adolescents ...... 91 5.4 Opportunities for the poorest. The children and adolescents of Casavalle ...... 96 5.5 The CAIF Project. Integral development for boys and girls: strengthening of families in poverty ...... 99 FOREWORD

Towards the end of the 1990s, UNICEF Innocenti Research Centre (IRC) publications began looking at various aspects of ‘alternative care’, ranging from provision for unaccompanied children in post-genocide Rwanda1 to children in public care in the transition countries of Central and Eastern Europe2 and the protection of children’s rights in intercountry adoption.3 In now addressing deinstitutionalization, this Innocenti Insight focuses on an issue that has been of growing concern to UNICEF in recent years: the situation of children without their primary caregivers. The level of concern is at present such that this topic figures as one of the six priority areas for child protection in UNICEF’s Medium Term Strategy Plan for 2002-2005. Some children are placed in institutions precisely because their primary caregivers – in most cases parents – have died, have relinquished or abandoned them, or have had their responsibility for them withdrawn. Most are there, however, for other reasons, such as the need for special care, the temporary inability of parents to cope, instances of domestic violence or neglect, or loss of contact with parents and family in armed conflict or other emergency situations. Ironically, it is often simply through the very fact of their placement that the role and presence of these children’s ‘primary caregivers’ may be jeopardised or, at worst, definitively terminated. The Convention on the Rights of the Child sets an overall framework for the consideration of this reality. It acknowledges that the family is the natural environment for the development and well-being of children, that parents have the primary responsibility for the upbringing of the child, and that the child has, as far as possible, the right to know and be cared for by his or her parents. At the same time, it foresees the appropriate use of substitute care for cases where children are deprived of their family environment or in their best interests cannot be allowed to remain in that environment and in such situations, it anticipates recourse to institutional placement as a measure of last resort. The rights of the child are to be effectively safeguarded in all such cases, and certainly also when children are placed in such institutions, including the right to protection from discrimination, neglect and exploitation; the right to develop his or her personality, talents and abilities to their fullest potential; and the right to have a say in decisions affecting the child’s life, including those relating to the conditions of placement. Above all, it is critical to ensure that institutional placement only occurs if and when it is in the best interests of the child, and that there is periodic assessment and review of the decision and circumstances relevant to the child’s placement. With this approach, the Convention provides support for a well-prepared and planned process of developing alternatives to institutionalization for as many children as possible, a process that is itself fully respectful of children’s rights and best interests. Indeed, while the number of children denied parental care continues to grow in some countries, heartening developments have taken place in others to change the situation of children and adolescents in institutional care and to avoid reliance on institutional placements wherever feasible. This publication highlights examples of policies and programmes in selected European and Latin American countries, designed to reinstate children placed in protective residential care with their family and community. The debate on this issue in the Cono Sur (southern region) of Latin America, and the many initiatives being undertaken, can provide a useful indicator of the situation for the many other countries and regions that are grappling with this reality. A host of questions is at stake, including the balance between state responsibility and decentralization, the shifting of resources from residential care to alternative solutions, and the way in which child welfare systems make decisions on behalf of children. vi CHILDREN IN INSTITUTIONS: THE BEGINNING OF THE END?

There is a growing global consensus that sporadic or isolated efforts to improve individual institutions will not solve the problems of children in residential care, or meet their best interests. Efforts must focus more especially on the underlying reasons for decisions to place children in care in the first place. Complex and often interlinked factors – such as poverty, family breakdown, disability, ethnici- ty, inflexible child welfare systems and the lack of alternatives to residential care – require holistic responses that identify families at risk, address their needs and prevent the removal of their children. The ethical and practical challenge that we face is to ensure that families – with special emphasis on women who are increasingly heads of household – have the support they need to nurture and raise their children and effectively assume their childrearing responsibilities. In the few cases where children simply cannot receive the care they need within their family, family– and community-based alternatives must be sought as a priority. Placement in residential institutions must be the very last resort. The UNICEF Innocenti Research Centre has been pleased to work with UNICEF colleagues in Latin America on the preparation of this Insight. Showing as it does that legislation, policies and programmes are necessary, although not sufficient – in fact a whole context amenable to change has to be created – we believe that it can serve as both a stimulus and reference for current and planned efforts in a wide range of countries.

Marta Santos Pais Director UNICEF Innocenti Research Centre

1 Cantwell, N. (1997), Starting from Zero: the promotion and protection of children’s rights in post-genocide Rwanda, UNICEF ICDC, Florence. 2 UNICEF (1997), Children at Risk in Central and Eastern Europe: Perils and Promises, Regional Monitoring Report No. 4, UNICEF ICDC, Florence. 3 UNICEF (1998), Intercountry Adoption, Innocenti Digest No. 4, UNICEF ICDC, Florence. INTRODUCTION

In recent years, countries in Latin America have engaged in a critical debate on the institutionalization of children and adolescents as a response to family problems, disabilities, financial problems and types of conduct perceived as a threat to society. The new paradigm established by the Convention on the Rights of the Child with regard to the relations between children and families, society and the state, has shifted the focus of the debate on institutionalization from technical and systems management issues and the effect of institutionalization on children, to a policy and strategic outlook aimed at generating opportunities for human development to all. This publication provides an account of historical processes in Spain and Italy which have led to a transformation of social child protection policies and an abandonment of the most widely-used mechanism of social exclusion, namely institutionalization. We believe that it is extremely useful to investigate the underlying factors which made it possible to implement these processes with a view to shape policies and programmes which promote the social inclusion of children in the Latin American setting. Hardly anyone today denies that institutions are unable to attend to physical and cognitive needs and the needs for social and emotional stimulation in any way comparable to what can be achieved in a setting which is open to life within society. The concept of deprivation is used constantly in specialized studies describing the consequences of life in institutions to indicate the lack of affective and personal care suffered by institutionalized children. These children are submitted to collective routines and are unable to make use of sufficient spaces to allow the unique personality of each individual to be expressed, developed and tapped to the full. In addition to the awareness of the negative effects of institutionalization on children, the process of deinstitutionalization in European countries - Spain and Italy - is underpinned by a progressive process of transformation of social child protection and a focus on the human rights and citizenship status of children and adolescents. In addition, the construction of democratic processes not only changes the relationship between children and the State, but also makes it possible to go beyond the notion of children as objects submitted to paternal authority and, in the case of those who are considered to be a threat to the moral and social status quo, to State control. The progressive elimination of mechanisms of exclusion such as children’s homes, special schools and psychiatric institutions, is thus the outcome of the development of social institutions and the strengthening of citizenship and democracy. Deinstitutionalization is therefore not just the formal uprooting of those residential systems which sought to replace the role of families, but is also an integral part of a collective and sustainable process of cultural transformation based on a blueprint of society capable of including all its members. Histor- ically, all societies have developed systems of child protection linked either to the family, the community or the State. However, the massive occurrence of abandonment and orphaning of children led Western countries to resort to assistential institutions at least as early as the 12 th Century. As an example, in 1198 Pope Innocent III established the “wheel of foundlings” as a means to prevent infanticide and the abandonment of infants in the street. As well as having a preventative function, from the outset the need was also felt to exercise State control over children who were considered to be living in family situations deemed unacceptable by prevailing opinion and that, as a result, were judged to be abnormal, dangerous and socially disruptive The specialized literature gives us an account of how, during the first half of the 20th Century, viii CHILDREN IN INSTITUTIONS: THE BEGINNING OF THE END?

Europe, the United States and most countries of Latin America established a complex legal and institutional framework aimed at rescuing children from the moral corruption of their families, poverty and delinquency, by protecting them in residential institutions. During the 1960s and 1970s, there arose a debate in the United States and in some European countries on the freedoms, rights and guarantees to which children should be entitled, together with concerns about the rights of psychiatric patients as well as demands for human development policies respecting the autonomy and capabilities of families. This began to stimulate the doubt that the use of residential educational and care centres for children and psychiatric institutions constituted a form of social exclusion, and at times of deprivation of freedom, which failed to comply with any legal guarantees. In following years, a number of countries, including Italy and Spain, progressively cut back the use of residential institutions for children and resorted to more universal forms of development policies, aimed at ensuring that all children were given opportunities and rights within the sphere of normal family, school and community development. As an example, in 1971 Italy had 150,000 children in institutional care centres. In 1998, the figure had fallen to 15,000, of which only 1,500 were in large-scale institutions. A similar process occurred in Spain as of the 1980’s. The fact that centuries elapsed between the first forms of social and state care for children, rooted in a concern to protect society, and the current attempts to develop the requisite conditions for children’s social integration as holders of rights, shows that deinstitutionalization processes depend on the value structure society uses to understand the role of its members and to define the responsibilities and instruments needed to ensure their rights. So although deinstitutionalization is not necessarily a linear process and often suffers from set- backs, considering the number of factors involved, successful processes of this kind have been part of social movements in the broadest sense of the term, which made use of a new cultural understanding of families, law, public policies, local social development, management of services and the social practices of the various actors involved. Families have become the core target of public policies as a result of a shift of emphasis from the danger of their incapacity, to the potential and capacity they have to assume responsibility and ensure the right of children to live within a normal setting. An effective acknowledgement of this role, however, means that attention has to be given to maintaining the necessary balance between the functions attributed to them and the provision of social services as a resource to support them in performing their functions in normal everyday life. Public policies reflect the status and consideration accorded to children in relation to their potential for and quality of development, and provide the main platform on which to erect the pillars which ensure that children’s rights are truly given effect. This has made it necessary to establish relations between children, families, State and communities based on formal legal mechanisms which recognise a set of mutual rights and obligations in replacement of the protective systems which were based on institutionalization of children. The Italian experience clearly portrays the influence of legal mechanisms in transforming child protection systems. One key example is Law No. 149 / 2001, on adoption and foster care, which established that institutionalization of children was to be abolished by the 31st of December 2006 and that it should be replaced by mechanisms to return the child to the, or to a surrogate, family. Extending and improving the care of children and adolescents by general policies for education, health, housing, recreation and vocational training, and promoting their capability to gain access to social integration opportunities has proved to be an indispensable measure to curb the historical trend to create selective policies and programmes, generally of an assistential nature, to address the problems and unmet needs of children and families. The experiences described in this study show that in order to reform policies and institutions providing care for children whose rights are threatened or infringed, it is also essential to strengthen policies and programmes of inclusion and integration, which need to be tailored to suit the specific situation of the country concerned. In the case of the residential institutions still operating in Argentina, THE CASE OF ITALY ix

Chile and Uruguay, it is clear that they continue to exist because of weaknesses in universal policies and the existence of complex “institutionalizing circuits” which are still embedded throughout the social system and involve poor families, social services, schools, the judicial system, the police and municipalities. In this context, redirecting child policy funding and the use of more comprehensive planning and management approaches are ways not only to improve the conditions of children and adolescents but also to improve the effectiveness and synergy of resources allocated to children. Both in Spain and in Italy, the decentralization of social services to respond to the needs of children and families has provided a structure for the move towards an approach based on the promotion of rights and protection. Acknowledging and using the value of communities and human initiative in devising and developing local policy options has shown itself to be of key importance in identifying solutions which are close to hand, restore normal conditions and respond to the need for measures adapted to local situations, instead of imposing a centralised and standardised strait-jacket. This creates an environment with the potential to fuel deinstitutionalization initiatives linked with locally-managed family support, which can be strategic components in broader local plans geared to improve the ability of municipalities and social networks to innovate and manage child policies. In the final analysis, this means using the local setting to establish a new approach to organizing and combining services based on the shared responsibility of all actors involved to promote the welfare of the community. In this approach, deinstitutionalization escapes the confines of simply being a goal in the management of special child protection policies and becomes the natural consequence of a local dynamic developed in tune with the needs of children and families. As previously indicated, one essential element in the processes to transform child protection systems is a change in people’s general outlook and interpersonal relations. In this way, the nature of institutional, professional and social work practices within everyday local situations has played a significant role in generating new social dynamics within communities. They provide a source for change which can impact attitudes and conduct so as to contribute to innovation and the establishment of creative, flexible and integrated working methods at the local level. The most powerful changes which have occurred in local social work, as part of the rights-based approach to children, relate mainly to the replacement of vertical management schemes by horizontal coordination and networking; the use of comprehensive and participatory assessments based on family resources and capabilities instead of family deficiencies; the notion of users of services as actively involved in their development rather than being passive recipients of aid; the exercising of shared responsibility by those involved in providing a comprehensive supply of services in replacement of the system where users were shunted from one unconnected programme to another. These improvements provide a set of extremely interesting and valuable results which can be used to understand the problems that exist and compare the situations in Latin American countries, and in particular in the Cono Sur, in relation to how they are responding to the challenge to produce the necessary tools to make the rights of children and adolescents effective. With this publication, UNICEF intends to give an account of how child institutionalization policies faltered in Spain and Italy and the way this crisis was overcome by the formulation of human development and rights-promotion policies implemented in the normal settings of families, schools and neighbourhoods. There are also reports on a number of innovative experiences, perhaps similar to developments that have occurred in Spain and Italy, which have been taking shape over the last few years in Argentina, Chile and Uruguay. These all contain important lessons for the development of public policies geared to the strengthening of the citizenship status of children on both sides of the Atlantic.

Egidio Crotti UNICEF Representative for Argentina, Chile and Uruguay

BEYOND THE ORPHANAGE: THE PROCESS OF DEINSTITUTIONALIZING CHILDREN IN ITALY. POST-WAR DEVELOPMENTS.

Valerio Ducci*

1.1 INTRODUCTION towards recognition of their needs and rights The history of women and children has all too was to be a long one. The notion that children were, “…the property of their parents, often been marred by cases of marginalization, whose duty it was to ensure their survival, difficulties and hardship. Sometimes also with and not entitled to any rights”1 was wide- violence. In times of danger or crisis child- spread and entrenched. Slowly and cautious- hood has almost always come face to face with ly, this attitude began to change. More atten- the closed world of welfare institutions, and tion was paid to the world of children and this is a chapter in our history that cannot as adolescents. Powers and instruments were yet be considered entirely closed. It is only in developed and refined, enthusiastic and pro- recent years, as a consequence of the new fessional educators trained and society’s importance given to the concept of protecting vision of ‘planet childhood’ changed com- children’s rights, that it has been possible to pletely. In the collective conscience, children break the rigidity of those social policies that had at last become human beings on their entrusted children and adolescents to the care way to adulthood. of such institutions. In Italy the change came about slowly. The serious problem of an institutionalized child- 1.2 FROM 1946 TO THE EARLY hood could not be resolved by simply estab- 1960S: RECONSTRUCTION lishing a series of programmes for deinstitu- AND ECONOMIC tionalization. A completely new model of DEVELOPMENT social services had first to be implemented, a The first Constitution of the Italian Republic model that would act preventively where chil- in 1948 guaranteed the full development of dren and families were vulnerable and at risk the individual, obliging the State to remove of marginalization. all obstacles in the path of liberty and equali- Italy took its first steps towards a policy ty. State intervention was no longer to be a of deinstitutionalization after the Second matter of discretion, and a decentralized World War. The country was decimated and social security system was to be established to had remained outside all European and limit marginalization and intervene in diffi- world cultural debates for over twenty cult situations. years. The new Italian democracy, founded The Constitution also recognized some on the values of liberty and equality, gave specific rights for minors: the right to edu- the State an active role in the process of cation, health and protection at work. This promoting individual rights, and new laws were passed to assure dignity and liberty to every man and woman through a system of * Specialist in children’s affairs, National Centre for Doc- social security. umentation and Analysis on Children and Adolescents, Florence. But the children of this new Italy were 1 Meucci, G. P. I figli non sono nostri, Vallechi, Florence, disadvantaged citizens and the journey 1991(1st ed.1974) p. 24. 2 CHILDREN IN INSTITUTIONS: THE BEGINNING OF THE END?

meant “a new view of children’s rights, a way one sure cause of destitution would also view that has not only led to major changes be removed.”4 in the laws on the protection of ‘minors’, The Parliamentary Commission also pin- but also on a more general level, to a better pointed waste, duplication of effort, unmet cultural awareness of the relevance of needs and lack of coodination. Indeed, moth- ensuring that children receive an adequate er and child social services were characterized education and a structure that is more atten- by serious inadequacies and deficiencies. tive as to which instruments assure effec- However, the Commission’s words went tive protection.”2 unheeded and the social service system con- A Parliamentary Commission of Inquiry tinued according to the old model of large into Poverty of 1951-1952 uncovered an Italy national bodies. that was backward and poor, with a war econo- Three National Conferences on the prob- my in urgent need of change. Millions of peo- lems of public assistance to children and ado- ple were fleeing the most depressed regions lescents were held between 1954 and 19585 and abandoning the fields. Children too were providing the first opportunity for traditional in a difficult situation, with the lives of mil- workers in social services to come face to face lions threatened by disease, insufficient food with new social workers, teachers, sociologists and precarious housing. The war had left a and psychoanalysts. legacy of orphans and abandoned children in The first Conference, on the problems of its wake and the institutions in which they organizing assistance for young people was an were housed were overcrowded. The child almost academic debate, but it represented policies of those years were harshly con- the first real contribution to a new culture in demned by the Commission of Inquiry, “We such assistance. The early ideas that were cannot approve the tendency to resolve the sit- destined to become policies in the years uation with huge institutes, which, because of ahead began to take shape. At that Confer- their complex organization, completely ignore ence it was made clear that children’s needs the affective problems of children; these prob- were to be met where they arose, and basic lems can only be dealt with through more social services6 established capable of inter- homely institutions. … The lack of a ‘home’ has a lasting effect on the psyche of the child, who may easily turn into a nervous and ‘unsta- 2 Moro, A.C. Erode fra noi. La violenza sui minori, Mursia, ble’ person and, at some point in his or her Milan, 1998, p. 24. development these symptoms may lead a child 3 These homes (focolari) came into being immediately after the war (1948) as the result of an initiative taken by to go astray.” social services students to create small communities for The Commission’s report added: “This minors whose behaviour had led the juvenile courts to solution is not good enough because it creates pass a sentence of semi-liberty on them. Each home takes in a small group of children aged from 10 to 12 years who huge, barrack-like institutes where the chil- are then in the care of two educators and their assistants. dren become accustomed to the anonymity of See N. Giordani, “I disaddattati sociali”, in R. Zavalloni, collective life (…). A more modern and ratio- La Pedagogia speciale e i suoi problemi, La Scuola, Brescia, 1967, p. 818; F. Carugati, “Minori: tra istituti e communal kind of service would be one that attends nità”, in Maurizio, R. and M. Peirone, Minori, communità to the needs of abandoned children, or those e dintorni, Ed. Gruppo Abele, Turin, 1984, p. 30. at risk of being abandoned, by setting up 4 P. Braghin Inchiesta sulla miseria in Italia. Materiale della Commissione parlamentare, Einaudi, Turin, 1978, p. small family-style communities (houses or 161-162. homes),3 run by qualified staff who would 5 “Atti della I Conferenza nazionale sui problemi dell’as- look after not more than ten children or sistenza pubblica all’infanzia e all’adolescenza”, Rome, 18-20 June 1954, Ed. ENMPF, Rome 1954; “Atti della II young people, at a time. For the youngsters Conferenza nazionale sui problemi dell’assistenza pubbli- concerned it would be a way of reconstructing ca all’infanzia e all’adolescenza”, Rome 1-4 Dec. 1955, a family and it would furthermore enable Ed. Garzanti, Rome 1957; “Atti della III Conferenza nazionale sui problemi dell’assistenza pubblica all’in- them to grow and develop, mentally and fanzia e all’adolescenza”, Rome 1-4 Dec. 1958. Tip. Lito- physically, in a healthy environment. In this stampa, Rome, s.d. THE CASE OF ITALY 3 vening in a timely manner to help children in anonymity”. The interiors were described as need, at the neighbourhood, local or commu- being “shabby, colourless and dull . . . Noth- nity level.7 ing to strike a bright note or lift the spirits.” A standing committee created during the Life inside these homes was thoroughly Conference analysed and clarified the com- unnatural for children and adolescents, every plexities of the educational-care institutes, day being lived to a strict and standardized drawing up criteria for action in that sphere. routine, education imparted in a depersonal- The recommendations were simple but at the ized way, with no attention being paid to the same time of fundamental importance. individual child. There was no time and no space for the ● Children were not to be put into residential exercise of personal freedom in these homes of care unnecessarily if it was at all possible to the 1950s. Teaching staff were ill-prepared, assist them in some other way. worked on temporary contracts and would ● When this was unavoidable, it was suggested often be placed in charge of large numbers of that the most suitable institution for that children, making any interpersonal relation- child be chosen. ship impossible. The institutions were closed ● No child should be removed from his or her and the children spent their entire childhood home without prior social diagnosis. and adolescent years without coming into con- ● The authorities responsible for the proce- tact with normal life and deprived of social dure should then monitor the child’s educa- contact. More importantly the institutions tion and development. often lacked even the most basic information ● The educational programmes of the institute about the children in their care, such as their should ensure “…that education be provid- “background and civil status, the address of ed in a personal manner, and classes con- the family, and the child’s medical history.” In ducted in a climate of spontaneity, dignity those years only a handful of small community and respect for the psychological and affec- homes existed to counter the policies of the tive needs of each individual.” large institutions. ● It was recommended that boarders be divid- An ad hoc Commission of the 1955 Con- ed up into small family groups because, “liv- ference drew up a set of action points to reme- ing together in this fashion encourages children to participate actively in the life of the group rather than just passively enduring 6 The desire to provide the country with organized being with the others.” basic services – especially social welfare and healthcare services – “at the citizen’s door” first saw the light of ● To prevent serious disruption in the forma- day during the Liberation. A commission was set up in tion of their personality and capacity to 1945 by the Committee for the Liberation of Upper socialize it recommended that, “a perma- Italy to study the proposition and propose a new public health provision. It states in the document that social nent link between the young people in care welfare problems should be resolved by bodies as and their family, their former environment, decentralized as possible (Trevisan, Per una politica as well as with the society and working world locale dei servizi sociali, Il Mulino, Bologna, 1978, p. 46). Adriano Ossicini, in a Seminar to study social welfare of which they will one day be a part” be (Tremesso, 1946), maintained the need “….. for a encouraged. neighbourhood or area social service. It is necessary to remove the provision of services from the sphere of occasional and emergency care” (Ossicini, Gli esclusi e The second Conference, in 1955, was noi, Armando, Rome, 1973, p. 25). As can be seen, even devoted entirely to the care given to children at the first Conference on the problems of social welfare living in institutions. The diagnosis was for children and adolescents, the need for widespread social services right down to the local community level harsh: children were often housed in large, was felt, for timely and effective action in the protection dark convents or buildings resembling bar- of children and their families. The subject came to the racks. The children’s quarters were vast and fore again in the 1960s in relation to the debate on economic and social programming. their education and development inevitably 7 The Italian terms are: quartiere, borgata, and communità suffered as a result “of this immense (translator’s note). 4 CHILDREN IN INSTITUTIONS: THE BEGINNING OF THE END?

dy these difficult situations, using the family tem, leading to a change of attitude in many community as the reference model. On this professionals and disseminating many modern basis, it was stated that the family structure ideas, such as family-style institutions, better “was best suited to a small home, although in training for teachers and educators, and open- the case of larger institutions it is possible to ing the institutions up to outside community arrange for small family-type groups to be set structures (schools, workshops, parishes up and given a certain degree of autonomy.” etc.).”10 The Commission outlined the characteris- Child policies reflected on a smaller scale tics of a family-type group as, “all those the many far-reaching social and economic aspects of living together, not strictly related to changes that were taking place in Italy. In the the need for study, recreation and work are to years from 1958 to 1963 “a country with a be found in a consolidated form. First and strong rural component was turning into one of foremost it satisfies the affective needs of each the most highly industrialized western nations. child, enabling him to establish deep and last- The rural and urban scenes as well as the ing relationships with his companions.” An homes of the inhabitants and their way of life, essential pre-condition for the success of these changed radically.”11 However, the living con- family-style groups was the small number of ditions of children and youngsters shut up children. For young children the group “could inside institutions did not undergo the same not be larger than six to ten in number” and revolutionary transformation. “for the older ones, could rise to twenty members per home.” The commission also believed that it was vital for there to be “con- 1.3. 1962 - 1969: TOWARDS tinuous ties between the child and his family, A WELFARE STATE or any relatives he might have.” INSTITUTIONAL MODEL The proposed conclusions of the second A period of major political change began in Conference included three general principles: February 1962. After years of government by 1. The principle of the family as fundamental centre coalitions, the first centre-left govern- and irreplaceable was upheld: care in a home ment was elected. The basic aim of the new was to be “limited to those cases where the government was programmed development family no longer existed or was incapable.” of the economic and social factors of the 2. All forms of assistance to keep a family unit- country to overcome old and new imbal- ed and to strengthen it “enabling it to fulfill ances in the country. In particular, the State’s its educational role” were to be developed role in social issues was to be strengthened and maintained in an adequate manner. for the purpose of “ensuring a civil standard 3. The “need for children’s homes to be run in of living for all,” and “a minimum level of such a way as to reproduce the family envi- social security.” ronment to the greatest extent possible” was These were the first steps towards an insti- recognized, as was the fact that they should tutional welfare state: the building of a social “direct their efforts to promoting the family.” security system in harmony with constitutional principles was the order of the day, and The third Conference in 1958, focused on the issue of children being cared for in the family. Sadly, it was unable to agree on a strategy.8 Only the second National Conference on 8 Marongiu, L. ‘Ricordo di un dibattito e realtà’, in Realtà Educativa, n° 11, 1965. caring for children and adolescents produced 9 The most important initiatives for the training of edu- any practical result in the Italy of the 1950s. It cators came from the Ministry of Justice, the AAI for Reli- had a positive effect on institutions and the gious Educators and the National Association for Assis- 9 tance to Orphan Workers of Italy (ENAOLI). people who worked in them. This Confer- 10 Marongiu, op. cit. p. 20–21. ence “may be considered as the starting point 11 Ginsborg, P. Storia d’Italia dal dopoguerra a oggi, Ein- of a beneficial evolution in the Italian care sys- audi, Turin, 1989, p. 286. THE CASE OF ITALY 5 political debate necessarily entered the realm no other solution and whose families consid- of the social services such as education, health- ered it necessary for them to be sent there. A care and welfare. It became necessary to focus reduction in the number of inmates would, on a previously neglected area – small scale amongst other things, facilitate the reorganiza- local services able to operate throughout the tion of the sector, which should be carried out territory and to work in direct contact with cit- on the basis of the checks mentioned above.” izens. New educational, social and psychologi- The programme shows the surge of con- cal programmes had therefore to be adapted to cern about overcrowding in these institutions, this approach. to which many children were sent only because The government’s five-year economic they were poor. The need for reorganization development programme for 1966–1970 provid- was reaffirmed and two possible methods of ed for the setting up of Local Health Units intervention were suggested. First, the need to (USL) for “the care of citizens’ health at a basic establish basic standards for guidance, control, level with an eminently preventive and social technical assistance and financial support activ- medicine function, as well as to provide health ities; and second, the need to strengthen foster education.” In these units “all the health care placement as an alternative, in order to lighten competences and functions which are currently “the present burden on residential institutions, divided up between a large number of different taking into account the most modern psycho- bodies at the local level” were to be combined. pedagogical recommendations.” However, the new programme made no These suggestions did not carry enough specific proposal for welfare services. It limit- weight, however, to produce any appreciable ed itself to stating that “such changes as are effects on institutionalized children. The necessary should be made to the law and to the move towards foster placement slipped back organization of social welfare.” The only stipu- to being just one of a wide variety of social lation was that the following general principles policies handled by various national and local had to be respected: bodies with authority for childcare and social ● Poverty should no longer be the only para- workers. The legislative framework continued meter for access to social services. to be the provisions of the Civil Code, and ● Equal service should be provided for equal would remain so for the next 20 years. Not needs. until twenty years later, in 1983, was detailed ● Social welfare should be mainly preventive legislation passed to govern the various mech- in nature. anisms for the care of children and adolescents whose families were in temporary difficulties. The programme also cautiously tackled a The Administration for International and number of other issues directly related to chil- Italian Social Action (AAI) then set about draw- dren and adolescents such as nurseries, social ing up general principles for establishing basic maladjustment, mental and physical disabili- standards to which residential homes would ities, foster placements and residential educa- have to conform in their work. This was not an tional institutions. It was decided that Region- innovative document however, and the overall al Programming Committees would carry out a structure of these institutions was not ques- detailed census of “the many local and nation- tioned. “To divide one hundred inmates up al bodies” responsible for abandoned children into seven or eight separate groups would be while at the national level standards for con- acceptable both in order to ensure an adequate trol, technical assistance and financial support educational upbringing and to keep adminis- would be drawn up for the numerous residen- trative costs within reasonable limits.”12 The tial institutions in Italy. document did not compare large institutions It was explicitly stated that it was imperative “to restrict the number of normal minors being placed in the care of these educational- 12 AAI, ‘L’istituto educativo-assistenziale’, Rome, 1969, residential homes to those for whom there was p. 13 6 CHILDREN IN INSTITUTIONS: THE BEGINNING OF THE END?

with the experience of small communities cise, but had the merit of once again raising already operating in Italy. In 1971 the Italian the serious question of institutional care for Episcopal Conference (CEI) endorsed the children. position of the International and Italian Social Project 80 set out general policy guidelines Action group. for the social services and suggested that, One month before the adoption of the “social welfare actions should be inspired by five-year economic programme, Parliament concepts broader than ‘charity’, which contin- passed a law introducing special or ‘legitimiz- ues to govern interventions directed to allevi- ing’ adoption, amid a heated debate and ating specific situations of poverty, and should against much resistance.13 To give precedence become a proper social services organization. to the affective family over the biological fam- Social services should be decentralized to ily was seen by some traditional observers as a regional and local level. A complete institu- sacrilege that would destroy blood ties. tional restructuring of that sector will therefore The passing of the law on adoption was an be necessary starting from within, and it will event of the highest significance. It recognized have to be based on local social service units … the right of children whose parents had died or Specific projects will be prepared to respond to abandoned them, to live with other families the special needs of the very young, the old or that could fulfil their needs. The law was truly such particular phenomena as cases of social innovative in that it turned adoption into maladjustment . . . .”14 ‘legitimizing’ adoption, shifting the focus from Ministry experts focused on the inadequa- the need of the adoptive parents for an heir to cies of the existing social services system, inherit their property and care for them in old which was totally unsuitable for handling the age, to that of the adopted child, who was to be changing social demands caused by the rapid assured protection in the heart of what would industrialization of the country. Traditional now become their family. In other words, the families with a rural way of life or who worked law endeavoured to eliminate the placing of in cottage industries were disappearing. Italian children in residential care (even though the society had become an urban society and new age limit for legitimizing adoption was set at phenomena – marginalization – permeated the eight years). new structures. This new legislative philosophy provoked Project 80 was explicit: “Confronted with furious debate on the needs of children, social such problems, the defence of citizens must policies for children, and the need to provide be undertaken as a matter of urgency and more ‘open’ services to support families and their freedom increased. Intervention must children. However, even though the law intro- be on a personal basis and solutions which duced many new standards, the former ‘non- only serve to perpetuate and aggravate the legitimizing’ form of ordinary adoption process of marginalization (of the aged in asy- remained in force. It was only in 1971, after the lums, illegitimate children in orphanages and World Conference on Adoption and Foster the mentally ill in psychiatric hospitals) must Placement in the Family, that the traditional be avoided.”15 form of adoption was finally superseded and The authors of the document did not hes- the suggestion made that the new formula be itate to condemn the use of large, residential extended to all youngsters under eighteen institutions for children in difficulty. “In the years of age. light of the harmful effects produced by a pro- Towards the end of the 1960s another doc- longed sojourn in these educational and social ument left its mark on the debate on child wel- welfare institutions, it is recommended that fare policies. The Ministry for the Budget of State and Economic Programming prepared a proposal to guide Italian development for the 13 Law no. 431, dated 5 June 1967. 14 Ministero del Bilancio e della Programmazione Eco- coming decade. The programme, known as nomica. Progetto 80, Feltrinelli, Milan, 1969, p. 44. Project 80, was primarily an intellectual exer- 15 Ibid., p. 146. THE CASE OF ITALY 7 their number be drastically reduced. It has its name; they will continue, through different been possible to carry out this direction main- forms of violence – technical violence – to cre- ly due to the application of the special adop- ate new outcasts. The job of these intermedi- tion laws.”16 ary figures is the mystification of violence The document also took an energetic without however changing its nature, but with stance on the need to campaign against the difference that the object of violence social marginalization and suggested that all adapts to the violence of which it is the institutions like asylums, mental homes and object.”18 large residential social welfare homes be In the same year, Erving Goffman pub- closed down. However, the suggestion was lished Asylum,19 a book denouncing total insti- opposed by other sectors of the Italian gov- tutions and containing a pitiless analysis of the ernment. In its report on the State Budget in nature of the instruments of exclusion by an 1969, the Ministry of the Interior declared individual who found himself in a situation of that, “Public aid arouses significant general marginalization and need. interest since social services and activities Many social workers, heartened by these contribute to defending the social fabric new analyses, began to question their own role from passive and parasitical elements.” The and assumed a new one “to seek through polit- arguments and political debate concerning ical and technical efforts to become ‘critics of the role and function of public aid had the social system’.”20 already reached the corridors of the Italian Children’s residential institutions were State machinery, where Government minis- attacked by the social and political movements ters themselves were divided into innovators and traditionalists. Italy was one of the countries caught up in 16 Ibid., p.147. It was at that time that the numbers of institutions and their inmates began to be reduced. The the major social upheavals of the late 1960s. most negative reactions involved those for children and Established social orders were challenged in minors in general (see: ‘Crisi degli istituti di ricovero’, the USA and Europe, and in Italy attempts Prospettive Sociali e Sanitarie, n° 12, 1972: 5). Neverthe- less, the institutions resisted the application of the special were made to demolish the seemingly immov- adoption law, as can be seen from the letter below, chosen able and rigid power structures. The large res- from amongst many in the same tone, in which the idential social welfare institutions were seen as orphanage answers a request to adopt: “We are in receipt of your letter of 27/7 in which you and your wife express part of this immobility, a link to the traditional your desire to adopt one of our orphan girls aged between and conservative social vision. six to twelve or fourteen years. We regret to inform you Italy was the scene for controversy about that we are unable to concede to your request as the regulations of our institute categorically exclude consenting the function and quality of social welfare poli- to adoption. Notwithstanding the positive aspects that cies for marginalized sectors of society.17 The such requests may individually present, our programme anti-institutional movement was spear-headed of education and training does not allow for our girls being allowed to leave the institute before they are of an by Franco Basaglia, a psychiatrist working in age to do so.” (Alasia, Freccero, Gallina, Santaner, Assis- the hospital of Gorizia, a town in the north of tenza, emarginazione e lotta di classe, Feltrinelli, Milan, Italy. In 1968 he published L’Istituzione Negata, 1975, p. 182–183). 17 In a book by Giudetti, Serra and Santaner, Il paese dei the mainspring of criticism directed at the Celestini. Istituti di assistenza sotto processo Einaudi, Turin, enclosed world of the residential institution. In 1973, there is a collection of legal resolutions referring to this publication [The Institution Denied], he 19 inmates. They represent nineteen chilling histories of unfortunate child ‘assistance’ cases, if such a term can be spoke out against the most traditional concepts used. The editor of the file writes in his introduction: of psychiatry. “This society of so-called well- “the collection is not meant to be a ‘museum of horrors’, being and abundance has now discovered that but rather to show the quantity and diversity of deforma- tion that can occur using the already negative method of it cannot openly show its violent aspect, so as institutions.” not to create too obvious contradictions in its 18 Basaglia, F. (ed.), L’istituzione negata, Einaudi, Turin, midst, which would be detrimental to it. It has 1968, p.116. 19 Goffman, E., Asylum, Einaudi, Turin, 1968. therefore found a new system – that of dele- 20 Terranova, F., Il potere assistenziale, Editori Riunite, gating its power to technicians to administer in Rome, 1975, p. 175. 8 CHILDREN IN INSTITUTIONS: THE BEGINNING OF THE END?

of the time.21 Towards the end of the 1960s services was given directly to town councils. experimental models began to encourage the The Italian social security system was des- return of children to their biological families tined to change radically. Citizens would have by providing support to these families, while easy access to local services that would identi- promoting residential care in shared apart- fy the causes of vulnerability and organize ments or family-style communities, to those immediate prevention policies. The purpose children who could not go home to their fami- was obvious: to try to reinsert people at risk of lies or be entrusted to another family.22 marginalization into their social context. In the late 1960s and early 1970s a produc- The passing of the powers and authority of tive alliance between social workers and local the State into the hands of the regions was nei- public authority administrators from provinces ther easy nor painless. State bureaucratic resis- and districts led to the creation of small com- tance was persistent. Only in 1977 and 197823 munities to care for children. The agreement was the decentralization of the Italian State between social workers and public administra- finally achieved. However, it was still impossi- tors modified, in effect, existing care policies. ble to lay down a general framework of laws for Recourse to large institutions could no longer the social services – a framework which the be seen as an almost automatic step for a child Commission of inquiry into poverty had con- or adolescent in difficulty. That one year, 1968, sidered essential back in 1952. triggered great collective enthusiasm and the The new regions entrusted the administra- climate it created supported the birth of many tion of both social services and health care to small-scale care communities. Local Health Units (USL) and the image and In addition, the demands of the trade philosophy of public health care changed com- unions, with 1969 being a year of momentous pletely, becoming a reference model for the battles for workers, helped to modify social reorganization of all social services. policies. The unions demanded a new focus on Tuscany, one of the most important regions social welfare and childhood in any election, of central-north Italy, drew up a series of prin- and strong social movements clamoured for ciples in 1973, upon which the new basic social collective social services to prevent and con- services bodies should draw: tain marginalization and need. ● Democratic ‘participation’ in the program- These 1968 movements transformed ming and management of the services was issues such as social welfare, which had been considered essential. restricted to those actually working in that sec- ● Every citizen, no matter what his class or tor, into subjects of general, informed and category, had a right to the functions of the widespread reflection. social services. ● The social services had to be ‘open’ and had to operate in adequate territorial areas. 1.4. 1970 - 1978: REFORM ● Health, social and educational services had FOR WELFARE AT THE to be closely integrated. LOCAL LEVEL Nothing was ever the same after 1968. It was an all-encompassing movement that trans- 21 Some exemplary scientific investigations were carried formed Italy. Even the way public authority out in those years. It is worth recording the analysis of a children’s institution produced by Carugati, Casadio, was organized changed radically. In 1970 the Lenzi, Palmorani, Ricci, Bitti, Gli orfani dell’assistenza, Il powers of the State, which had until then been Mulino, Bologna, 1973. The investigation, begun in 1969, very centralized, began to be handed over to offered valuable guidance for preparing alternatives to such institutions. decentralized regional authorities. The pattern 22 Carugati, F., F. Emiliani and A. Palmonari, Il possibile of public administration changed and legisla- esperimento. Ricerca sugli interventi alternativi all istituzion- tive functions, social security coordination and alizzazione di minore, AAI, Roma 1975. 23 It was the decrees of those years that provided for the programming were all delegated to the new transfer of functions to the new regional powers and the regions while the administration of the social approval of health reform. THE CASE OF ITALY 9

● The social services had to have a specific but the outward and visible sign of the desire to preventive function to obviate situations of confer on social services an emancipating sig- vulnerability. nificance – freeing citizens from situations of dependence which were not entirely natural. Tuscany’s experts defined the new social Some experts have studied these reforms welfare policies thus: “Their intervention closely and acknowledge that the placing of should, above all, be aimed at reducing and anti-institutional issues and demands on the eliminating the placing of people in the care of programmes of local bodies was mainly due to charitable and social welfare institutions, the important part played by “left-wing polit- which leads to the isolation of citizens in need, ical parties, trade unions and other social and therefore greatly hampers the achieve- forces in the campaign for mental health and ment of our constitutional and statutory man- against social marginalization, in close connec- date … If the proposed objective is to create tion with the broader reform of social and an alternative to placing people in institutions health services.”26 or, what comes to the same thing, to encourage The 1970s saw the elimination of national the keeping of children, old people and the social welfare bodies. All national institutions handicapped within the family unit as well as were reorganized at the local level and social in their own social circle, then it can never be policies passed definitively into the hands of fully attained with the granting of cheques* to the regions. The National Organization for the make up the difference and the provision of Protection of Mothers and Children (ONMI), help in the home, which in turn means that which, in addition to its other duties, was some other alternative has to be found. The responsible for the supervision of public and establishment of small core communities private institutions, was dissolved in 1975. could be encouraged … that would reproduce This was the crowning achievement of an as best they could the living conditions of a exhausting political battle after years of scan- family environment.”24 dal and mismanagement. As a result of the momentous cultural and Also in 1975 the Italian Parliament passed institutional changes in Italy in the late 1960s a Family Rights Reform Law,27 – a milestone and early 1970s, conditions were ripe for dein- on the road to recognition of children’s stitutionalization and for experimenting with autonomous rights in the essential process of alternative interventions for children in need, preventing the social exclusion of children and those who could no longer be brought up by adolescents in difficulty. their family. This reform ended the official patriarchal The number of small residential initia- concept of the family and intra-family relatives, designed and set up specifically to avoid tions, in which the pater familias had undis- having to send children into institutions, puted power over his wife and children. The began to multiply. In fact, they were created to reform acknowledged that the wife’s role in meet the urgent needs of the thousands of the family and society had changed and that people who had been living in institutions, and the old Civil Code no longer reflected the real- to give them the chance to live a genuine ity of Italian society. It recognized that all chil- social life. These communities offered new dren and adolescents possessed an autonomous possibilities to hundreds of children and adolescents, and endeavoured to repair the physi- * Assegno integrativo – an economic contribution to the cal and mental harm that these youngsters had family to avoid institutionalization. suffered during their years in rigid institutions. 24 Regione Toscana, Consiglio Regionale, Dipartimento Servizi Legislativi, ‘Assistenza Sociale. Documento di The new methods of organizing the way in lavoro per la legge di delega e di riforma delle funzioni which children and adolescents would live amministrative’, Florence, June 1973, p. 69-70 . together were not so much modern methods 25 Carugati, Emiliani and Palmonari, 1975, op. cit. p. 28. 26 Bonini, M.C. et al., Diventare uguali. I minori dall’istituti aimed at eliminating the outdated large-scale ai gruppi-apartamento, Coines Edizioni, Rome, 1976, p.21. institutions and their “ideology of exclusion”,25 27 Law n° 151 of 19 May 1975. 10 CHILDREN IN INSTITUTIONS: THE BEGINNING OF THE END?

personality that should be supported by the to regions and municipalities, but no national family during the crucial years of their up- social services plan or framework law was bringing. Adolescents were seen as entitled to drawn up. These were indispensable for the rights linked to their evolving needs. Further- orderly passage from an old, fragmented, disor- more, children and adolescents required spe- ganized system to new services integrated at cial protection because as minors they were in the local community level. the condition of being ‘weak’ subjects. In the absence of national guidelines, the Some of the basic ideas of the new law new regions opted for different social policies. were essential and decisive: Some made their USLs responsible for the new ● Both parents have authority in relation to decentralized services. These units were already their children, but this is not a power to be in existence thanks to the healthcare reform and exercised ‘over’ them. It should rather be this particular organizational model met the exercised ‘for’ them and its purpose is to requirement of integrated management of support them adequately during their healthcare and social welfare. Because of their development. territorial and demographic dimension, ade- ● Education is a dynamic process – the devel- quate professional and financial resources could opment of a child’s potential – and parents be made available to them. Other regions, on the have an obligation to satisfy, according to contrary, delegated management of these ser- their means, the inclinations and aspirations vices to the municipal administration. In many of their child. cases this was a mistake as the smaller adminis- ● The status of natural son or daughter, trations lacked the trained personnel they need- according to the Italian Constitution, is ed for the challenges of the new social policies. equivalent to that of legitimate son or Despite serious shortcomings the new wel- daughter. The label of ‘illegitimacy’, was fare system was a major change for the better removed from Italian law in 1975. in social policy terms. The new decentralized organization of basic services made it possible The new Family Law envisaged a strong- for decisions to be taken for integrated devel- ly communitarian family, solidarity among its opment. Interventions in favour of citizens in members based on the equality of the parents vulnerable situations were no longer separated who are jointly responsible for the education of from more general policies. Important issues their children, and respect for their specific such as housing, factories, infrastructure and and respective vocations. social services were, for the first time, tackled In effect, the 1970s captured the inheri- in an integrated manner. tance of the previous, tumultuous decade. The On another, more direct, level decentral- State changed its structure, handing over a sig- ization of social services meant that there nificant part of its powers to local bodies and could be a different kind of relationship the reality of new family relations was recog- between the public sectors and the citizens. nized by law. Wives and children were no The people who worked for these services longer ‘subjects’ in the family to the power came into immediate contact with the local that had, until then, rested exclusively in the community. They knew what the needs and hands of the man. problems of the citizens in their particular district were and were therefore able to produce alternative and more flexible ways of respond- 1.5. 1979 - 1989: A LOCAL ing to them as a result. Furthermore, it was far DIMENSION OF WELFARE easier to organize a network of diversified The decentralization process of the Italian opportunities because agreements could be State was obviously one of light and shadows. reached more quickly between decentralized The limitations of the transfer of authority public bodies, private social organizations and soon became evident in the area of social wel- informal communities. fare policies. Authority and power were passed In the 1980s social policies took new direc- THE CASE OF ITALY 11 tions and adjustments were made. Financial to be the first option. In other words, another crises meant that the State could no longer family with children would be the first choice, guarantee central funds, making it necessary followed by a family without other children, or for local services to seek funds elsewhere. The lastly, a family-type residential community. rigid division between public and private inter- The child’s development should not be interventions began to disintegrate and new forms rupted and his education should continue until of partnership emerged as people grew increas- the desired return to the biological family. ingly aware that vulnerable citizens should not The new law on adoption and foster place- be excluded from the social community. ment was valuable, but its application was nei- Once again, Italian society was changing, ther simple nor immediate. It acknowledged the industrial model was creaking and the new that temporary foster placement had an educa- post-industrial Italy demanded even greater tional purpose, and identified it as a priority flexibility and diversification from its social alternative to institutionalization, but the services. It was not easy for those working in effectiveness of foster placement is linked to the social services to meet citizens’ renewed the capacity of the social services to monitor demands. Social policy reforms had not yet developments and intervene when necessary, been completed and the 1980s were a difficult providing support for the complex relations and contradictory time for these operators. between child, biological family and foster Nevertheless, in 1983 Parliament approved family. a long-awaited law – the new regulation for Foster placement can be extremely suc- adoption and foster placement.28 While this leg- cessful in a local community that can take on islation, to some extent, merely noted already responsibility for protecting the rights of its existing practices and behaviour it became a own children. Solidarity among different fami- valuable manifesto for the guidance of institu- lies makes it possible to choose families that tions and those engaged in the protection of will give stability and assist another family in children providing clear principles and guide- difficulty. This new law relegated institutional lines for interventions and for child, adolescent options to a completely residual role, “when and family policies. no foster placement is possible.”29 A crucial part of this legislation was its The new regulation on adoption contained affirmation of the basic principle explicitly a number of important innovations. From this confirming family relationships as essential point on there was no qualification to adop- resources for the development of a child’s per- tion, and, in conformity with the Strasbourg sonality, and recognizing the child’s right to be Convention, it would have legitimizing effect. educated in his or her own family. In addition, the new regulation waived the Control was entrusted to local authorities, eight years of age limit fixed for this kind of while the special role of the school was recog- adoption, and greater attention was paid to nized in reporting cases of children in difficul- international adoption, an area destined to ty to the social services. This new law most develop very significantly in a country with a decidedly set the priorities for intervention: shrinking birth rate. the natural family was to be supported and bar- It should be emphasized that fostering and riers that might prevent it meeting the needs of its children – care, education and social development – were to be removed. It was a 28 Law no. 184 of 4 May 1983. kind of social imperative, every possible effort 29 Over fifteen years after the passing of Law no. 184/83, must be made to enable the family in difficul- the Italian Association of Judges for Juveniles and the Family took a stance in the matter of closing residential ty to meet its educational responsibilities to homes. In a paper of 16 April 1996 the Association stated: avoid interventions that were traumatic for “It appears to us that the time has come to consider the child and parents. complete abolition of children’s homes and their transformation over a period of time into communities, whose When foster placement became unavoid- main characteristics will have to be defined.” Minorigius- able, placement in a family environment was tizia, n°3, 1996, p. 116. 12 CHILDREN IN INSTITUTIONS: THE BEGINNING OF THE END?

adoption continue to be instruments with rad- a total evolution of values, attitudes and gen- ically different aims. A child or adolescent may eralizations about the corruption of children be placed with another family or in a commu- and adolescents – an evolution from punishing nity when the social services are satisfied that delinquent youngsters in order to protect soci- the biological parents cannot guarantee the ety, to entrusting them to communities where child an adequate education due to temporary their rights to education and development are difficulties. However, those same social ser- ensured. vices are clear that once the crisis has been Such a change in quality implied a strong overcome, biological families, with all their link between the judicial system and the local faults, are the best way to ensure that children social policy system. Indeed, it would be receive the care and affection they need to unthinkable to pursue the educational aims of develop. the process without a link between the adoles- On the other hand, adoption is necessary cent’s living environment and the local territo- where “the family has completely renounced ry’s resources. Every adolescent needs multi- its responsibility towards the child, it is the dimensional education, which requires the clear will of the parents to abandon their integration of many professional, educational, responsibilities to educate the child and they social and vocational resources. show no interest in her or him, the lack of Of the many resources that may be parental presence seems to be irreversible and employed in this respect, the community consequently any attempt at recuperation deserves special mention. Law No. 184/83 would be pointless.”30 also mentions this option but without giving By the end of the 1980s the reform process specific detail. However, Legislative Decree had also reached the institutions where adoles- No. 272/89 specifies the criteria that a com- cents who had broken the law* were detained, munity must meet: in the form of “new provisions for minors sent 1 It should be organized along family lines for trial.”31 and also include minors who are not in con- The significance of trial for minors accord- flict with the law. It should be composed of ing to the new provisions was that of adminis- no more than ten members to ensure that it tering justice while at the same time eliminat- is conducted in a suitable manner and ing, or at least reducing to a minimum, its destructive effects. This would be achieved 30 Moro, A.C., ‘Non mittizziamo l’affido’, in Bambino through precautionary measures or sanctions Incompiuto, n° 3 1984, p. 28. to protect the developing personality of the * The Italian term is adolsecenti con condotte devianti (translator’s note). adolescent and safeguard or re-establish edu- 31 It is of course not a recent discovery that a correction cational processes and the conditions neces- centre or juvenile prison are not the ideal environments sary for development. In other words, the new for offering the antisocial adolescent an opportunity for positive recuperation experiences. In 1957 Roberto provisions reduced the space for punishment Zavalloni, influenced by the reflections of a director of a and coercion and broadened the space for edu- correction centre for minors, wrote as follows about cational purposes, foreseeing possibilities for imprisonment: “It should be noted that custody is in inverse proportion to educational possibilities when by intervention without custody. These aims custody we mean a restrictive apparatus and not the vig- were pursued by reducing the child’s or ado- ilant care of an educator. The only solution would appear lescent’s links with the penal system – and to be to abolish juvenile prisons….”. After a brief review of the problems of adolescents who are inmates of a cor- even more so with the penitentiary – via pre- rection centre, he affirms: “. . . .it is clear that no positive cautionary measures, suspended sentences result can be had from introducing the subject into an and parole. In addition, measures were enact- artificial community such as the typical correction centre for minors. In such an environment, instead of acquiring ed to promote change, through programmes awareness of his personality, his limits, interpersonal designed to keep or reintegrate the child or relations in society’s wider sphere, the adolescent will adolescent into everyday life. continue to lose ground in the fatal impersonality of collective solutions.” (Zavalloni, R., La psicologia clinica The new Code of Penal Procedure for nello studio del ragazzo, Vita e Pensiero, Milan, 1957, pp. Minors was a qualitative leap that summarized 369–370). THE CASE OF ITALY 13

atmosphere and also to enable projects tai- support their claims, assigning as it did all lored to the individual to be implemented. administrative functions of the social services 2 Only trained professionals from the various to the municipal authorities. The tensions disciplines should be employed. demonstrated the need for better meshed 3 All institutions concerned should collabo- solutions in the network of services, that rate and the region’s resources be used. would free social services from their status as ‘auxiliaries’ in relation to public health, espe- This was the first time that minimum stan- cially since the latter had seen a technocratic dards appeared in a national legislative text for modification occur in the public funding of judging the quality of residential communities USLs,* making their relations with local gov- for adolescents. ernments even more problematic. The line taken by the municipal authorities, while interesting, did however open up 1.6 1990 - 1998: GUIDELINES AND the question of the integration of public health INSTRUMENTS FOR policies and social policies. This was a funda- A NATIONAL CHILDHOOD mental issue for the management of many AND ADOLESCENCE POLICY aspects by those services concerning children, The Italy of the 1990s experienced extensive adolescents and family. Such as, for example, change once again. A whole political class was the question of foster placement and adoption. involved in scandals and criminal proceedings Some of the laws introduced in the 1990s (it was the period of Mani Pulite “Clean were destined to have a significant effect on Hands”*) and eventually disappeared from children’s policies. On 27 May 1991, Italy rati- the political scene. These were also the years fied the United Nations Convention on the of the welfare state crisis. While public spend- Rights of the Child (CRC). This instrument ing had to be checked, widespread tax evasion provides clear guidelines by which to measure denied the social system financial resources.32 whether these rights are being applied or not In this situation, in many ways contradicto- in Italian regulations, and, more particularly, if ry and uncertain, the role of volunteers and the they are being applied in reality. The States concept of social cooperation developed, parties to the Convention undertake to respect becoming important resources for the well- the rights listed in the Convention for every being of the local community and its policies. child “without discrimination of any kind, irre- This phenomenon, reflecting social awareness spective of the child’s or his or her parents’s or of the importance of solidarity and of protect- legal guardian’s race, colour, sex, language, ing the rights of those in difficulty, provided an religion, political or other opinion, national, opportunity to build up an integrated network ethnic or social origin, property, disability, of basic services, characterized by the integra- birth or other status.” (Art. 2) Not only is every tion and complementarity of public resources form of discrimination excluded, but it also and the resources of the local community. provides that in every decision taken “whether There was no lack of confrontation and undertaken by public or private social welfare controversy on the way. Municipal administra- institutions, courts of law, administrative tions disputed the competence assigned to the USLs through regional legislation. They accused the regions of practising ‘centralized’ * Mani Pulite – a movement of judges and prosecutors that administration of the services, thus hampering in the 1990s conducted a legal battle with politicians and interaction between the administrators and cit- others accused of being involved in vast networks of corruption. izens, because the citizens continued to look 32 Ascoli, U., ‘Le carte truccate della politica sociale in to the town councils as their point of reference Italia: crisi fiscale, privatizzazione e ristrutturazione de for social services. servizi’, in La Rivista di Servizio Sociale, n° 2, 1990, p. 18. * The Azienda sanitaria is the administrative unit at sub- Law No. 142 of June 8 1990, on the new regional level, responsible for managing the health ser- ordinance for local governments, appeared to vices of a specific U.S.L. 14 CHILDREN IN INSTITUTIONS: THE BEGINNING OF THE END?

authorities or legislative bodies, the best this is to provide social and educational interests of the child shall be a primary con- assistance in the home. sideration.” (Art. 3) Lastly, States “shall ● Foster placement is the preferred solution. undertake all appropriate administrative, leg- ● Adoption standards approved in the 1980s islative and other measures for the imple- should be correctly applied. mentation of the rights recognized in the ● Residential institutions for children and ado- Convention.” (Art. 4) The application of uni- lescents in difficulty should be reorganized. versal, indivisable rights of the child became an obligation. The Conference did not restrict itself to The Convention is not merely a manifesto indicating abstract needs, it drafted precise that limits itself to proclaiming rights, it also recommendations for the reorganization of provides for periodical controls on the actual these institutions. state of application by signatory countries. ● Standards must be set for running the differ- Every State shall report on the situation to the ent types of residential institutions. United Nations Committee on the Rights of ● Only those that comply with the minimum the Child. requirements to guarantee that children live In addition, in July 1995, the Standing in suitable surroundings and enjoy the rela- Conference on Relations between State, tionships necessary to their development Regions and Autonomous Provinces, agreed may be used for placement. guidelines on urgent interventions on behalf of ● Family-type institutions, capable of respond- children. The text signals a significant return ing more directly to children’s needs must of interest at the national level in favour of a be given preference and strengthened. comprehensive policy for children and adoles- ● Emergency residential services for victims of cents. Autonomous local authorities claimed a family violence must also be strengthened. new role and function in this sector.33 These services must all be able to make The Conference expressed concern at the immediate interventions for the physical continuing and frequent examples of lack of and mental well-being of mothers and chil- protection for children and urged the re- dren, and contribute to finding speedy per- launching of urgently needed policies in rela- sonalized solutions. tion to the needs of children and adolescents ● Regional experts should carry out regular and family conditions. The Conference made checks on the correct functioning of these an alarming discovery, “Institutionalization residential institutions. continues to affect a very large number of ● Regions should also establish databases and children”, and was still “the main form of provide detailed information about children intervention in southern regions.” The Con- in difficulty living away from their biological ference document appealed to these regions families. to renew their commitment to local policies capable of helping families in difficulties and The principles in these guidelines were reducing marginalization. Yet again guide- drawn directly from the provisions of the 1983 lines were drawn up for interventions in law on adoption and foster placement. Howev- favour of children and adolescents following er, this new debate helped to create the basis for these criteria: integrated action between the State, the regions ● Priority to be given to family-type placement and the local authorities – a necessary alliance in the social reinsertion process of children for uniformity of action in favour of children separated from their family of origin. and adolescents throughout Italy. For the first ● Interventions to restore the educational, cul- time a serious attempt was made to establish tural and social fabric in which children and new links between the various State levels. The their families live should be increased and integrated. Such interventions should be 33 ‘Interventi urgenti per i minore. Linee guida’ in clear and specific: a priority instrument for Autonomie Locali e Servizi Sociali n° 3 1995, p. 413. THE CASE OF ITALY 15 central government assumed overall responsi- vidualized project that should be drawn up for bility for general administration while the each child. The purpose should be to reduce to regions continued to be the most important a minimum the risk that problems in the natur- players in detailed territorial planning. al family lead to the almost certain prospect of In March 1995, the Ministry for the Fami- a future marked by social marginalization and ly and Social Assistance set up a National lack of affection and social relationships.” Observatory, by decree, on childhood prob- The government did not limit itself to call- lems and linked it with the National Centre for ing on all institutional bodies to mobilize in Documentation and Analysis of Childhood order to attain the Plan’s objectives, it also and Adolescence.34 Shortly afterwards these called for the firm commitment of the whole of instruments were given legal backing. society as well as private social welfare associa- The following year the government tions or organizations to be “increasingly atten- approved a Plan of Action for Childhood and tive to the needs of childhood and adolescence Adolescence – a great innovation. Clearly stat- and more involved in providing active support ed basic social policies for children became the to individuals on the threshold of life as they core element of government programmes. The grow and mature.” Lastly, the Plan unfolded a government paper was explicit, “The coun- wide range of legislative initiatives and actions try’s major decisions must be made taking into for administrative coordination: Italian child- consideration the needs, potential and expec- hood policies could no longer be permitted to tations of people living through a stage of be episodic and fragmented. development and formation.” On 28 August 1997 Parliament passed Law The Plan of Action represented “joint No. 285 to give effect to the provisions of the coordination of the action needed to enable Plan. This established standards for the promo- the Italian political system to extricate itself tion of children’s and adolescents’ rights and from the perverse logic of under-valuing child- opportunities. It provided the government with hood and having to improvise in emergen- the instruments it required to intervene and cies.” The government undertook to guaran- implement primary and secondary prevention tee the rights of the child in everyday life by policies designed to promote more favourable pursuing a policy that was “not segmented and living conditions for children in “the most suit- fragmented but rather converging toward unity able environment, whether it be the natural, wherever life is seen as a ‘continuum’ marked adoptive or foster family.” The role of the by different evolutive phases in personal regions in the programming and that of the local development and formation.” authorities in the drawing up of territorial plans The Plan paid particular attention to pre- were of fundamental importance to the applica- ventive interventions, but it did not forget the tion of these new laws. Local authorities also risks of vulnerability: “Childhood is also and had the task of mobilizing and maximizing the above all an age when family difficulties of var- community’s resources, stimulating the partici- ious kinds may suddenly erupt. When con- pation of the private social welfare sector and fronted with a risk situation linked to all man- the collaboration of other actors, such as the ner of family problems, local institutions Provincial Superintendancy of Studies, the should be in a position to adopt a series of USLs and the Centre of Justice for Minors. interventions in which the role of the area’s Funds were set aside to achieve the objectives social services is fundamental. The serious of the new law: a fund was set up for children problem of institutionalization, still too fre- and adolescents, and competent professional quent, should be tackled by national and local resources allocated to provide technical support policies that will firmly support the family in difficulty on a daily basis, foster placement in another family, as well as by setting up small, 34 Regarding the origins of the organization, see ‘Il dirit- to de crescere. Rapporto 1996 sulla condizione dei minori family-style communities throughout the coun- in Italia’, Presidenza del Consiglio dei Ministri, Rome, try that can fully meet the demands of the indi- 1996, pp. 39 and 40. 16 CHILDREN IN INSTITUTIONS: THE BEGINNING OF THE END?

for interventions and monitor its application. dren and adolescents, which fulfilled a wide Deinstitutionalization was at the heart of range of functions: the new law. Its objectives were clearly ● Building up a corpus of knowledge and infor- defined: interventions designed to promote mation to help the Observatory in its work. parent-child relations were to be financed and ● Studying and analysing the conditions of supported by remedying situations of violence children and adolescents and preparing the and poverty, and alternatives found to placing two-yearly reports for consideration by the children in residential institutions. The law Observatory. also provided financing for projects on socio- ● Contributing to the development of a new educational services for children in their early culture of childhood and new childhood ser- years – services that would also consider the vices in collaboration with the regions, local needs of their parents. Projects to promote the authorities and all bodies with competence instructive use of free time were also included in that sphere. as were positive steps to encourage children and adolescents to participate in the life of the To coordinate actions between the State local community, exercise their fundamental and regions, a new law stated that the regions civic rights, and make better use of their urban should adopt “appropriate measures for the and rural surroundings. coordination of local actions to collect and The new law was a serious attempt to process all data relating to the living conditions withdraw child policies from the assistance of children and adolescents within the region.” sector and open up new horizons through a In 1998 Italy ratified the Hague Convention civil community capable of grasping the edu- of 29 May 1993 for the Protection of Children cational importance of interventions for chil- and Cooperation in Respect of Intercountry dren.35 For the first time Italian policies for Adoption. International adoptions had already children and adolescents were able to refer to reached significant proportions, indeed they detailed guidelines. exceeded the number of national adoptions due Law No. 451 of 23 December 1997 estab- to the sharp drop in the birthrate. The ratifica- lished a Parliamentary Commission on Child tion of the Convention filled the gaps in domes- Issues and gave legal force to an Observatory tic legislation on adoption, unchanged since established two years earlier by the Ministry 1983, and brought the Italian regulations into for the Family and Social Assistance. The Par- line with those of other countries. liamentary Commission was empowered to The Hague Convention aimed to block administer and control the application of inter- commercial forms of adoption and even worse national treaties related to the protection of practices, and to replace them with adoption the rights and development of those in their procedures that would safeguard the funda- formative years. mental rights of the child. The Convention The Observatory, meanwhile, was answer- imposed procedures on states for the selection, able to the Department of Social Affairs of the preparation and assisting of adoptive couples, Presidency of the Council of Ministers and to guarantee a successful outcome for a very headed by the Minister for Social Security. Its complex form of adoption, given the obvious task was to define the guidelines for child problems inherent in ‘transplanting’ a child to policies (the Plan of Action) and to be respon- another culture. Families resorting to interna- sible for the two-yearly report on the condi- tional adoption could no longer be left isolated. tion of children and adolescents in Italy. The They had to be well informed and supported Observatory was also responsible for prepar- from the start of their search for a child. The ing an outline of the report to be sent to the United Nations Committee on the Rights of the Child, in compliance with the CRC. The 35 For better knowledge of the types of services, see Centro nazionale di documentazione e analisi sull’in- Observatory was linked to the National Cen- fanzia e l’adolescenza, Infanzia e adolescenza, diritti e tre for Documentation and Analysis on chil- opportunità, Istituto Degli Innocenti, Florence, 1998. THE CASE OF ITALY 17

state of origin, for its part, had to be sure that less children ending up in institutions could the child had effectively been abandoned, that be avoided. there was no possibility of finding the child a The 1990s were surprising years. They did home in his or her own country, that interna- not appear to be a favourable period for social tional adoption would be in the interests of the policies and the crisis of the welfare state child and that he or she was aware of what was seemed likely to prevent any sort of progress. happening and could participate in events, But in fact, this decade saw a number of impor- according to his or her age and maturity. tant and decisive changes take place. At the Ratification of the Hague Convention per- national level a complex set of child and adoles- mitted a more careful management of interna- cent policies had been drawn up. A closer pact tional adoption than in the past, and thanks to had been sought between central powers and close cooperation between the States parties local autonomous authorities to overcome the to it, many of the failures that resulted in root- many geographical and social divides of Italy.

National Plan of Action and intervention for safeguarding the rights and development of children in their formative years Under the 1997 law, the Italian government was For example, the Government undertakes to pro- obliged to approve a programme for children and pose bills guaranteeing that minors will be heard in adolescents every two years. This commitment legal proceedings, to approve a single text on rec- was considered to be “of extraordinary civic and ognized children’s rights and to reorganize juvenile cultural importance” – the first time that a gener- penal centres for adolescents. Attention is given to al plan of this nature with a set timetable had been actions to improve the living conditions of children prepared. and adolescents. Priorities are clearly established: For years Italy had been negligent in its support for families, projects to make cities more approach to children and adolescents. The real child-friendly, services for individuals and health- change began in 1996. In the four years between care. The Plan also recognizes adolescents as hav- 1996 and 2000 Italy invested almost ten billion lire ing “active citizenship rights” through initiatives (five thousand million dollars) to cover the cost of implemented by schools and local administrations. implementing laws in favour of families. For the Special attention is also given, for the first first time, 1.2 billion lire (600 million dollars) was time, to foreign children. Many of the Plan’s most allocated to services for children, adolescents and important pages describe how the presence of parents. The Government stated that a modern large numbers of foreign immigrants is changing country should aspire “not only to growth and the face of Italian society. The priority in this sen- wealth” but must not forget the objectives of sitive area is “the protection and integration of for- “social equity and equal opportunities.” eign children living in Italy.” The Plan commits the The authors of the Plan were clearly aware that Government to guaranteeing compulsory basic it is difficult to be a child or an adolescent grow- education and ensuring that Italian schools can ing up in a country in the throes of transformation cope with this new state of affairs. A growing num- to modernity. Therefore the 2000–2001 Plan of ber of foreign children, however, are unfortunately Action sets priorities for intervention. being drawn into delinquency. The Plan provides The Plan recognizes that child development is for the presence of cultural mediators to work in linked to the democratic and social growth of Ital- juvenile prisons, and support for families and cen- ian society. For that reason, the campaign against tres willing to take in youngsters involved in crim- poverty, the commitment to reduce unemployment inal proceedings so that they can benefit from and the efforts to ensure equality of opportunity for alternatives to imprisonment. Instruments that give women cannot be separated from interventions young foreign ex-offenders the chance to return to carried out specifically in favour of children. school, to the family or, as a last resort, to resi- It provides for precise legislative interventions. dential institutions, are seen as crucial. 18 CHILDREN IN INSTITUTIONS: THE BEGINNING OF THE END?

Any national policy may still have limits and gramming, combined with the idea of social weak points. In Italy, however, it has been pos- development and the need to modernize sible to exploit the impulse and desire of soci- social welfare policies, underlined the indis- ety to explore new approaches that, if well pensable need to plan a new social services exploited, would improve the quality and system rooted in the local community. degree of intervention for children. A demon- 2. Powerful political movements in the 1960s stration of the wealth of intelligence, compe- meant an upheaval in Italian society and tence and awareness was seen in Florence at culture. Large ‘closed’ institutions such as the end of 1998, when the National Conference asylums and social welfare homes came on Children and Adolescents was held under under scrutiny and became the subject of the auspices of the Presidency of the Council of specific studies. Alternative solutions were Ministers. Thousands of experts, operators, sought and created, and ‘open’ social ser- administrators and representatives attended the vices were created and actively promoted. conference and debated the need to implement 3. In the 1970s the Italian State began to the ‘citizenship rights’ of every child in Italy. It evolve, regions were created and many was expressly pointed out that these rights were administrative powers and functions were not exclusive to Italian children, but that they decentralized to local level. The centre of also extended to foreign children who had come gravity for social policy shifted from central- to Italy with their families. ized welfare bodies to more independent However, the lack of a framework law for bodies – town councils acting alone or in social services after fifty years, coupled with association, within a regional programming the debts of the 1990s, have created a vacuum framework. Their task was to guarantee that that could have profound implications for the children and adolescents received the inter- development of the Italian social security sys- ventions, actions and services they needed tem in years to come. to develop in the social context to which they belonged. The development of local policies to offer responses tailored to indi- 1.7 A SUMMARY viduals and their varied needs, made the In the course of half a century (1946–2000), placing of children in residential institutions Italy has changed dramatically and repeatedly. almost unnecessary in a large part of the Like any other country, it has experienced country. major political, cultural, and economic move- 4. In recent years a long-term national policy ments but, in terms of child and adolescent for children was approved to encourage and policies, there has been a persistent and con- promote children’s policies at the local tinuous thread that has guided choices and level, and to address an unequal implemen- decisions. Fifty years of democracy in Italy tation caused by traditional differences have firmly established that institutionaliza- between areas and by the lack of a plan for tion is incompatible with the fundamental val- implementation and organization of local ues of human dignity and liberty that should social services. Underlying principles and accompany any educational process. common guidelines to follow were agreed However, while the first innovative institu- upon at the national level. tions based on alternative residential services and small community homes date back to the end of the forties, it was not until half a centu- 1.8ITALY IN 2000: FEWER ry later, in 1989, that this approach was trans- CHILDREN IN INSTITUTIONS formed into a legal reality. Social policies over the last thirty years have It has also been a difficult process, with the transformed the situation of children and ado- various stages linked to important cultural lescents in difficulty. The number of children changes: living in large institutions in the 1970s was 1. In the 1960s, the debate on economic pro- enormous – over 200,000. When the National THE CASE OF ITALY 19

Centre for Child and Adolescent Analysis and Documentation once again clarified the Documentation in Florence completed its cal- directions that interventions should take to culations in 1998, there were only 14,945 chil- reduce the number of children sent to these dren living in institutions. In 1958 there were institutions: over 3,000 of these institutions – 40 years later 1. Interaction with the family of origin is still their number had fallen to l,802. The data con- priority number one. The child’s right to firm a reassuring trend, even when doubts and grow up in his own family has to be defend- uncertainties persist as to the quality of care ed and the social services must undertake to given to children and adolescents at a delicate prevent or limit the child’s separation from stage in their lives. the family. The National Centre also carried out a 2. Foster placement is the best way to help detailed survey of the children in institutional the child and his family when there are dif- care. They represented 1.5 per thousand of ficulties. Italian children, and most of them (63.3 per 3. Last but not least come the residential com- cent) were adolescents or pre-adolescents. munities, the last resort for children and The decision to place them in care is often adolescents in a crisis. These centres have taken by the juvenile courts. The faces of the to meet the educational and welfare needs children who passed through the doors of of the children. The way of checking the these institutions also changed – a reflection of quality of the work they do is based on the the new Italy. Some 12 per cent were immi- rule of the “three T”s: grants and 1,800 out of a total of 15,000 were a. Time: time is valuable and a child’s stay in foreign – an important indicator of Italian soci- a residential institution should be kept to ety’s capacity for integration. a minimum, through the use of individ- The reasons why the children are in care ual projects for social reinsertion; are alarming. Poverty is still the main reason b. Territory: the residential centres should why a child is removed from the family, not be closed, but participate in the com- together with difficult or inadequate family munity and the life of the neighbour- care. A high percentage (between 25 and 35 hood; per cent) of the children break off all contact c. Tutelage: the rights of the child must be with their biological family for good. Another protected, inside the centres too, and worrying statistic is that 20 per cent of the chil- their application carefully monitored. dren in these institutions have been living there for at least three years. 1.9 OPENING THE DOORS – Residential institutions are no longer the SOME EXAMPLES OF barrack-like places they once were. In 1958 DEINSTITUTIONALIZATION half of them had more than fifty places, while today nearly all (96 per cent) are of very mod- 1.9.1 The Murialdo Association, Padua erate size. Most have no more than ten places, The Congregation of the Josephite Fathers, and 15 per cent house no more than five chil- founded by Leonardo Murialdo, had a single dren. Only 15 per cent of these residential purpose: to house poor or abandoned boys in institutions date from before 1950, and almost the city of Turin towards the end of the 19th 60 per cent were built after 1980. Around 30 century. It’s ideas were radical – helping boys per cent of these institutions admit boys and by starting schools, providing qualified girls of all ages; 20 per cent have their own instruction, and by establishing farms. The schools; only 6 per cent have dormitories with Congregation even opened a ‘family house’ more than five beds. In many cases, especially for boys who had nowhere to live. It was a in the larger centres, the ratio of staff to chil- small, but important, revolution in a world dren is less than one. that shut up youngsters with no family in big The research carried out by the National orphanages. Centre for Child and Adolescent Analysis and As a result of this successful experiment, 20 CHILDREN IN INSTITUTIONS: THE BEGINNING OF THE END?

the Josephite Fathers were invited by many 1.9.2 Martinitt Institute, Milan Italian cities to establish oratories and set up As recently as the 1950s the children of the catholic associations for youths. In the univer- Martinitt Institute walked behind the funeral sity city of Padua, for example, the Congrega- processions of important members of Milan tion was asked to run a boarding facility for society, dressed in uniform, to collect the students from poor families. In 1970 a seem- money needed to keep them. On Christmas ingly small event changed the life of the insti- Day these same children would be invited for tution: a social worker asked the Fathers if the day by the rich families of the economic they could take in two boys who were ‘in diffi- capital of Italy. They were known as ‘the Mar- culty’, and a ‘family group’ came into being in tinitt’ after the orphans that St. Girolamo a college structure. Miani cared for at St. Martin’s Church in 1532. In 1974 the Fathers took in five more It was not until four centuries later, in 1932, boys. In that same year, the last big orphan- that ‘the Martinitt’ left the church and moved age in the city was closed down and more into an orphanage. Sometimes as many as 500 boys needed somewhere to live. This time, children would be crammed into the halls of however, the Fathers said no, realizing that the building, and the loss of one parent could boarding of this kind contributed to the fail- be reason enough to send a child to the insti- ure of social reinsertion. But they insisted on tute. Donations, legacies and charity were the the need for a ‘family group’ experiment else- main source of funding. where in the city. In the 1960s, the validity of a large closed With the agreement and support of the institute like the Martinitt began to be ques- province, two apartments were rented where tioned. Ending the practice of dressing chil- carefully chosen families would live and look dren in their uniforms was not enough to rein- after the boys from the old orphanage – an sert them in society. In 1968, in open example of successful collaboration between a opposition to the Institute’s administration, religious congregation and a lay administra- the first attempt at community housing was tion. By 1978 the Murialdo Association was made: seven Martinitt boys and two teachers running fifteen apartments with fifteen ‘fami- left the orphanage to go and live in an apart- ly groups’. By the end of 1999 the number of ment. The experiment was a success. In a mat- houses and families caring for young men had ter of years the Institute emptied and more risen to sixty. The educational projects are small communities were set up (there are at directed by the Fathers with the help of one present seven) in normal accommodation, in social worker and two volunteer psychologists. ordinary neighbourhoods, where children and There is no ‘professional’ educator. staff endeavour to lead a normal life. In the early days, these family homes usu- Three teachers are in charge of each small ally admitted boys who had been deinstitu- community, aiming to create a family feeling tionalized. Today it is quite likely that young and help the children fulfil realistic goals for people with a history of family difficulties or their future. Younger children, aged three to psychiatric problems will be taken in by the 13, often need more affection than the teacher Murialdo families. can supply, and for these children life in the The scheme also offers temporary accom- small communities is generally a stage on the modation to families with serious housing way to foster placement. Older children, how- problems. In addition, two workshops give the ever, (from 14 to 19 years of age) sign a proper boys an opportunity to work. The new chal- contract with the community and are expected lenges facing Murialdo reflect changes in Ital- to respect its rules. The objective is that they ian society: the need for accommodation and become self sufficient in their everyday lives, opportunities for immigrants and the new school careers and in later life. poor, for those who are homeless and have no At the Martinitt Institute headquarters family support, and young people with a histo- there are special services: emergency interven- ry of alcohol and drug addiction. tions (seven places, usually filled by immigra- THE CASE OF ITALY 21 tion-related emergencies), the Rest Point (10 appointed by the town council has been help- places for boys sent directly by the police or ing the Franciscan Sisters in the day to day the social services) and a Day Centre (where running of the Institute since 1995. The old older adolescents who have refused to move orphanage became a general youth centre in into the small communities are monitored). 1998. Emergency admission services now The Martinitt is currently facing the need attempt to resolve the urgent problems of for another transformation. Immigrant children immigrant and street children and a Day Cen- and adolescents are overwhelming the Insti- tre works with 150 children facing difficulties tute’s emergency services. Requests to inter- in this poor neighbourhood. vene and provide support to foreign children A network of local families is St. Domeni- are multiplying and the small communities are co’s lifeline to the outside world. Temporary endeavouring to open up to these newcomers. placement, even for such short periods as a lunch hour or to go out for an ice cream, is an 1.9.3 St. Domenico Savio Institute, important instance of social contact. Volun- Naples teers supervise the boys once they have left In Naples, the plight of the many orphans left the Institute and enter everyday life. Howev- after World War 1 was hidden behind the walls er, the Institute still faces two key challenges. of an old convent in the working class neigh- On the one hand it is unable to draw up indi- bourhood of St. Lorenzo-Vicaria. In 1919 the vidual programmes for the boys who go to the first orphans of the war entered the St. Day Centre because of the lack technical and Domenico Savio Institute and, in effect, disap- financial resources, and on the other, it has few peared. The schools they attended were inside legal and practical means of implementing the Institute, they were all dressed in uniform, consistent policies for children and adoles- girls kept apart from boys, contact with the cents in a city as complex as Naples. world outside kept to a minimum and rules and supervision were very strict. The Francis- 1.9.4 The group-apartments can nuns who ran the Institute did so hermet- of Emilia Romagna ically and rigidly and the Neapolitan authori- Group apartments were of great importance ties were only too pleased to hand over in experimenting with alternative solutions to children who came from wretchedly poor, the institutionalization of minors in the 1970s. often desperate, families. These experiments began in Emilia It took another 80 years to open the portals Romagna in northern Italy as a result of col- of St. Domenico. Only in 1993 were its laboration between researchers in the Univer- mediocre schools finally closed. More recently, sity of Bologna’s Institute of Psychology, and volunteer workers were able to undertake com- educators from provincial and municipal munity-based initiatives. The number of social services.36 young inmates began to decrease, but in 1993 The first group apartments were designed there were still 80 boys and adolescents living to remove children from large residential insti- permanently in St. Domenico and 40 half- tutions to a radically different experience of boarding. The Institute managed to set up two everyday life but, “without necessarily repro- community centres that still host between ducing an impracticable family model and eight and 10 boys, aged from three to 12 years. without any emphasis on the need either for Individual projects for each child have replaced father or mother role-models.”37 the rigid and inefficient collective planning of Naturally, the educators paid close atten- the past. Many children are sent to volunteer tion to atmosphere and to interpersonal rela- families for weekends, for holidays or for the Christmas festivities. And St. Domenico has at last opened up to its local neighbourhood. 36 Carugati, F., ‘Minori: tra istituti e communità’, in Mau- rizio, R. and M. Peirone (eds.), Minori, communità e din- Naples city council is also determined to torni, Ed. Gruppo Abele, Turin, 1984. battle social exclusion. A social worker 37 Carugati, Emiliani, Palmonari, op. cit.,1975, p. 185. 22 CHILDREN IN INSTITUTIONS: THE BEGINNING OF THE END?

tions between the adults and children living in basis of the knowledge it acquired during that the apartments. Previous analysis by psycholo- decade. gists of the everyday lives of the children from closed institutions gave researchers a set of 1.9.5 Innocenti Institute, Florence indicators onto which they could project the This is the oldest residential children’s institu- new alternative of cohabitation. They focused tion in Italy and claims to be the oldest in the their attention on the hierarchy of relation- western world. It was the merchants of the ships, on the types of communication that powerful Silk Workers Guild who, in 1419, emerged, and on the meaning of physical and assumed responsibility for all the abandoned social space. Immediate conclusions could be children in Florence. The Institute was a lay drawn: hierarchical relationships must be dis- centre that introduced innovative policies to mantled, communication could no longer be medieval Italy – policies providing social care ‘top-down’ only, and the organization of time and maintaining a link between the lives of the and space within the group could not be expe- children and the social realities of their day. rienced as another system of institutional con- Generations of abandoned, orphaned or trol by the children who formed part of that illegitimate children of adolescent mothers group. were given a minimum level of education and, The group apartments then became real by the end of the 16th century, the children’s communities composed of a small number of schooling was seen as a vital part of their people who all knew and communicated with development. From 1868, the Institute took in each other. The adults had to guarantee the illegitimate babies only and it was then that stability of the relationships: they were the the practice of leaving illegitimate babies children’s companions in a shared history and inside a covered ‘wheel’ to protect the moth- it was they who encouraged an opening up to er’s identity was abandoned. In 1930 a Day social life. In this way the children experi- Nursery was created, well ahead of its time, to enced the conditions of family life and could care for children in difficulty and pregnant confront the real world outside, with all its women. Major reforms in the 1970s, with the challenges and difficulties. introduction of laws on the rights of the family There were no barriers inside the apart- and standards for adoption, facilitated the ments – nowhere was out of bounds – and chil- opening up of the Institute and the removal of dren were encouraged to feel at home. Apart- many children living there. ments were in real urban neighbourhoods and Today the public authorities (region, the children were free to come and go and to province and municipality jointly) direct the get involved in local life. Institute, and admission of children and preg- The aim was to liberate children from nant women is still a priority. The Institute unnatural situations of dependence – an ambi- has, however, tried to strengthen its ties with tious objective offering undreamed of opportu- the local social surroundings and has become a nities for freedom to children and a new possi- national and international point of reference as bility of integration into social life.38 a result of its social studies on children and the One of the original communities is still in family. existence and others have been created in The Innocenti Institute runs a residential Modena and Bologna. The scientific point of care service for children up to the age of six reference continues to be Bologna University’s and also two residential centres for pregnant Science and Education Department. The most women and mothers with children. The ‘Chil- important outcome of the experiment was that dren’s House’ can take up to 13 children who the group-apartments became models that are in seriously vulnerable conditions at home. influenced child policies in Emilia Romagna. Abandoned newborn babies will be found They challenged traditional social welfare practices and, as a result, the region gradually transformed all its large institutions on the 38 Ibid, p. 25. THE CASE OF ITALY 23

Table 1: Number of educational – welfare resi- Table 2: Number of educational – welfare residential centres in order of number of places dential centres in order of number of children (absolute values and percentages). present (absolute values and percentages). No. of Centres Per cent* No. of Centres Per cent*

Up to 5 places 280 15.7 None at 30.06.1998 89 4.9 6 to 10 places 806 45.1 Up to 3 children 325 18.0 11 to 15 places 188 10.5 4 to 5 children 334 18.5 15 to 20 places 142 7.9 6 to 10 children 661 36.7 21 to 30 places 165 9.2 11 to 15 children 176 9.8 31 to 50 places 129 7.2 16 to 20 children 75 4.2 51 to 99 places 56 3.1 21 to 50 children 133 7.4 over 99 places 22 1.2 Over 50 children 9 0.5 Total 1.788 100 Total 1,802 100 *14 gave no reply to this question, equal to 0.8% of the total.

Table 3: Number of children present and places available out of total population of children per region.

% of % of % of children % of places % of children centres places present at available per per 1000 30.06.1998 1000 residents residents

Abruzzo 0.7 1.4 1.1 1.7 0.8 Basilicata 1.3 3.2 0.7 7.2 0.8 Prov. Bolzano 0.7 0.4 0.7 1.4 1.1 Calabria 6.7 8.4 9.3 5.2 3.0 Campania 7.4 12.3 12.5 2.5 1.3 Emilia Romagna 6.7 3.3 3.8 1.8 1.1 Friuli Venezia Giulia 1.6 2.8 1.6 5.1 1.5 Lazio 8.4 8.1 8.4 2.6 1.4 Liguria 3.8 3.3 3.7 4.8 2.7 Lombardy 16.0 9.3 12.8 1.9 1.4 Marche 1.2 0.8 0.8 1.0 0.5 Molise 0.6 0.5 0.6 2.4 1.4 Piemont 8.3 5.0 6.8 2.4 1.6 Puglia 7.1 8.2 7.9 2.6 1.3 Sardinia 2.4 1.5 1.9 1.4 0.9 Sicily 10.8 21.1 15.3 5.3 1.9 Tuscany 4.2 2.9 4.0 1.7 1.2 Prov. Trento 2.2 1.0 1.0 3.5 1.9 Umbria 0.9 1.2 1.4 2.8 1.6 Valle d’Aosta 0.1 0.1 0.1 0.8 0.6 Veneto 8.8 5.3 5.6 2.2 1.2

Italy 100 100 100 2.8 1.5 Absolute numbers 1,802 29,148 14,945 24 CHILDREN IN INSTITUTIONS: THE BEGINNING OF THE END?

adoptive families after a short stay. Older chil- Today, this generally means young women dren stay for a little longer, and may be with a drug problem or young immigrant returned to their parents or entrusted to the mothers. Lastly, the ‘Swallow House’, which care of a new family. The ‘Mothers’ House’ is was opened in 1996, concentrates on building a residential centre for pregnant women and up the independence and self-sufficiency of its mothers with children who are in difficulty. residents.

Table 4: Numbers of boys and girls Table 5: Numbers of boys and girls in children’s homes in children’s homes. according to age (as of 30 June 1998). Numbers Per cent Pe rcent 0-5 6-10 11-14 15-18 Total Boys 7,995 53.5 years years years years Girls 6,950 46.5 Boys 10.3 25.9 32.5 31.3 100 Total 14,945 100 Girls 11.4 26.0 30.5 32.1 100 Total 10.8 26.0 31.6 31.6 100 Numbers 1,611 3,872 4,709 4,718 14,910 * 35 gave no reply to this question, equal to 0.2% of the total. THE PROCESS OF DEINSTITUTIONALIZATION IN SPAIN

Mª Angeles García Llorente* Laura Martínez-Mora**

2.1 INTRODUCTION progress of society. With the development of In recent decades, Spain has made significant societies that value individual human rights, adults have assumed greater participation in progress on the issue of deinstitutionalization economic and social activities. Families have of children. This has been the result of a become smaller, individuals have more eco- lengthy process of social, political and legisla- nomic independence and there is a new will- tive change that began in the 19th century – a ingness to accept the dynamics of change, process that gradually led to a change in social progress and new values. perceptions of children’s needs and identities. Measures to protect children against Society has only recently ‘discovered’ child- abuse, ill-treatment and exploitation followed hood as a distinct reality; historically, policies in the wake of measures to prevent cruelty relating to children focused on protecting against animals1 and were, in fact, often mod- abandoned children and ‘correcting’ childhood elled on these. behaviour seen as troublesome. The introduction of changes concerning During the 20th century basic changes the criminal responsibility of children and the occurred in the emphasis of child-related pub- establishment of specialized institutions to lic policy. These changes concerned both the reform juvenile offenders occurred towards the socio-economic environment surrounding the end of the 19th century and was promoted by child and the political context within which the Movimiento de Salvadores de los Niños. the State worked. The first childrens’ rights to be recognized Spain was one of many countries to expe- in Spain in the 19th century, were social rights rience profound socio-economic upheaval in relating to education, work and protection. the 19th century. People began to abandon the Their civil and political rights had to wait for countryside and urban society expanded, two key events during the second half of the alongside economic changes that led first to 20th century: the recognition of the 1978 industrialization and then to the post-industri- Spanish Constitution and the 1989 Conven- al or service economies of today. tion on the Rights of the Child (CRC). Political initiative responded to these The 1989 Convention had its roots in earli- changes by adapting aims and methods. Eco- er international declarations. Throughout the nomic modernization was accompanied by a 20th Century, efforts had been made to improve move towards democracy and respect for social the rights and situation of children. The Gene- and individual rights. Social conflict and the va Declaration of the Rights of the Child of expansion of welfare-state policies led to a 1924 and the UN Declaration of the same name general improvement in living standards and in 1959 were clear forerunners of the Conven- wider access to education and culture for society as a whole and the poor in particular. These historical changes in the social per- * Legal Representative of the Secretariat to the Comisión de Menores of the Autonomous Community of Madrid. ception of childhood and child-related policies **Lawyer, University of London. represent a basic component in the general 1 Therborn, G., in L. Moreno, 1993. 26 CHILDREN IN INSTITUTIONS: THE BEGINNING OF THE END?

tion. There were, however, two significant home. Children, meanwhile, were shifted changes compared with the earlier instruments: away from work for the family and towards a) Children began to be considered subjects education to be trained as future employees. endowed with rights rather than ‘objects’ of This weakened their dependency on their protection. families and strengthened their links to state b) The Convention was ratified by 190 coun- authority. According to Wintersberger 3 the tries and thus its guarantees and principles process which started with the Industrial Rev- are embodied within the statutes and laws olution can be summarized in four stages in of all these countries, bringing about active terms of its impact on the lives of children: measures to improve the conditions of chil- 1. From agriculture to early capitalism: children, not only in developed countries, but dren move from domestic work to factory also in many developing countries, at times work. with the support of international aid. 2. The Early Industrial Revolution: children move from factories to basic schooling. In order to promote awareness, UNICEF 3. Establishment of the new Welfare State: proposed a slogan summarizing the content of children’s years at school increase as does the rights recognized to children in three con- their economic dependency. cepts: provision, protection and participation. 4. Consolidated Welfare State: family and soci- ● Provision: meaning the right to own, receive ety have complementary roles in childhood or enjoy access to certain resources and ser- care and the state acts as spokesperson and vices and that these resources be made implementer of social goals, placing obliga- available to all children and adults. tions on families, protecting them and inter- ● Protection: meaning the right to receive vening only in exceptional circumstances. parental and professional care, the right to be protected against certain individual and Thus children become holders of rights social acts, practices and forms of childhood and the relationship between them and adults abuse. is placed on a more equal footing. A process of ● Participation: meaning the right to act, mutual recognition of identities is established express oneself and have a say both individ- and, although beneficial, it also generates new ually and collectively.2 conflicts that require new solutions beyond the sphere of traditional paternalism. The articles of the Convention referring to The change in society’s perception of protection can be divided into two parts: childhood was obviously influenced by psy- 1. Protection against the violation of children’s chologists, physicians, educators and represen- rights on the part of parents, relatives, tatives of the human and social sciences. They guardians or other adults entrusted with emphasized the need to consider children’s their well-being. personalities, as well as their needs and specif- 2. Protection against the violation of rights on ic problems, when formulating adult interac- the part of providers of social care external tion with children, organizing educational to the family, such as alternative institutions activities and creating the conditions for bal- or even the state itself. anced and healthy child development. Population trends are also significant in Social welfare can also be gauged on the terms of child policies. In Spain, as in other basis of the most important changes that industrialized countries, the age pyramid is occurred in social relations. The industrial rev- shrinking at its base and expanding at the top. olution meant changes within family struc- In 1981, there were almost 9.7 million people tures. Women took on new roles, moving away from production within the household econo- 2 Bardy,1993. my to production for an employer beyond the 3 Wintersberger, H. in Qvortrup et al., 1994. THE CASE OF SPAIN 27

under the age of 15 in Spain, accounting for between the Spanish government and the var- 21.4 per cent of the population. By 1998, this ious Autonomous Communities, there being figure had tumbled to just over 6 million, rep- three different possibilities in conformity with resenting just 16 per cent of the total popula- articles 148 and 149: areas of exclusive State tion. The age structure of the population in responsibility, areas of exclusive responsibility Spain had been turned upside-down in the of the Autonomous Communities and areas of space of twenty years. Currently, there are just shared responsibilities. The Autonomous over 8.2 million people aged 18 or under – 20.5 Communities enjoy full independence in per cent of the population. The relative and managing their own interests and have exclu- absolute decline in the number of children in sive responsibility for social welfare, which Spain continues, however, as life expectancy includes child protection. is still increasing and the average number of In the area of legal protection of children, children per woman in Spain is, at 1.07 in 1999, State laws are mindful of this distribution of the lowest in Europe. responsibilities and only deal with aspects connected with civil, procedural and criminal law and the aspects of judicial administration over 2.2 LEGAL PROTECTION which they have been attributed power by the OF CHILDREN UNDER Spanish Constitution. SPANISH LAW Criminal Law: the 1995 Criminal Code The protection of the rights of children in defined offences and misdemeanours, responsi- Spain must be placed in its legal and institu- bilities and penalties for offences and estab- tional contexts. lished that a person is an adult for the purposes The 1978 Spanish Constitution requires of criminal liability at the age of eighteen. A public authorities to protect the family in recent Constitutional Law, no. 5/2000, has the social, economic and legal spheres, with explicitly dealt with the issue of criminal special regard for children, as indicated in responsibility of minors between the ages of 14 article 39.4 and 18 – or where appropriate twenty-one – and Spain is a social democracy under the rule of extended the guarantees available to them.6 law. Institutionally it is a parliamentary monar- Civil Law: in the context of care of chil- chy. The Constitution recognizes and guaran- dren outside their family, this is the most tees the right of the localities and regions of important sphere. Foster placement of chil- Spain to enjoy autonomy. This has led to the dren has increased substantially, particularly in establishment of 17 Autonomous Communities.5 recent years, and has become one of the major As a result of this system, there are a num- alternatives to large-scale institutions. ber of areas where responsibility is shared Generally, provisions governing the legal protection of children are to be found in the SPANISH POPULATION FROM AGE 0 TO 18 Civil Code and in the constitutional law on the (In thousands)* Legal Protection of Children.7 In addition, the AGE MALE FEMALE TOTAL Law of Civil Procedure contains provisions for 0-3 640.2 631.3 1271.5 4-6 607.5 572.3 1179.8 4 See section 2.4: The Creation of a Child Protection 7-9 637.4 579.4 1216.8 System. 5 The following are Autonomous Communities: Andalu- 10-14 1223.8 1154.6 2378.4 sia, Aragon, Asturias, Balearic Islands, Canaries, 15-16 529.9 504.1 1034.0 Cantabria, Castile-La Mancha, Castilla y León, Catalonia, 17-18 584.0 556.2 1140.2 Extremadura, Galicia, Madrid, Murcia, Navarre, La Rioja, Valencia and the Basque Country. Total 4222.8 3997.9 8220.7 6 This law entered into force on 13 January 2001. (*) Based on I.N.E. projections and E.P.A. estimates, 7 Constitutional Law 1/1996, dated 15 January, on the th Legal Protection of Children, partially amending the 4 quarter 1998 Civil Code and the Law of Civil Procedure. 28 CHILDREN IN INSTITUTIONS: THE BEGINNING OF THE END?

foster placement where this requires a deci- ● Measures to address the institutionalization sion on the part of a judge. of children in psychiatric units. Historically, it is the Civil Code that has provided the basis for the child protection sys- The Law on Legal Protection of Children tem and this has been amended on many recognizes a number of basic children’s rights9 occasions. (privacy, information, freedom of thought, par- The first law that made provision for alter- ticipation, association and assembly, freedom of native measures to institutionalization was expression and the right to be heard). It also Law 21/87, passed in 1987. This replaced sev- establishes the actions to be taken when a child eral articles of the Civil Code and the Law of is deprived of social protection (protective mea- Civil Procedure concerning adoption and other sures, immediate care, action in situations of risk forms of protection. The concept of abandon- or lack of protection), as well as the instruments ment was replaced by that of desamparo or lack available (custody of children, foster care, spe- of protection; it introduced adoption as a mea- cialized services, guardianship and adoption). sure for full family integration; established fos- This legislation10 also fits into the institu- ter placement as a new child-protection mea- tional context created in each of the sure; made the best interests of the child the Autonomous Communities. For example, the general guiding principle in all child-related Community of Madrid describes in its Statute actions; and provided a greater range of the protection and care of children and the options for the office of the Public Prosecutor development of policies concerning youth, as when dealing with minors. an exclusive responsibility of the Community Following the ratification of the CRC in itself.11 1989, Spain was compelled to bring domestic The Community of Madrid also adopted a law into line with international law to provide Law on Guarantees for Rights of Children and an adequate framework for the legal protection Adolescents in 1995 which establishes a gener- of children. al regulatory framework providing a set of The result was Law 1/96, the new consti- guarantees for the enjoyment of rights on the tutional Law on Legal Protection of Children.8 part of children. This entailed further changes to the provisions Section IV of the Statute lists the public of the Civil Code relating to foster placement authorities responsible for child protection and alternative measures to institutionalization within the Community of Madrid. This pro- and established the needs of children as the vides an example of the public authorities now basis for protection. The major new develop- operating at the regional level in Spain for ments were: child protection: ● Distinction between situations of risk and situations of a lack of protection; 8 See Section 2.5.4 here: The Law on Legal Protection of ● Establishment of the principle that all Children. administrative and judicial procedures 9 See section 2.4.1 here. should be flexible and speedy; 10 The articles providing protection to children may be summarized as follows: in the Civil Code protection is ● Acknowledgement of the right of the rele- covered in articles 172-174 under the heading “custody vant public authority to place children in and foster placement of children”, articles 175-180 on temporary foster care if this would be in adoption and article 211 referring to “internment on account of incompetence”; the Law of Civil Procedure their best interests; under articles 1825 to 1828 deals with the foster place- ● Measures to make foster placement more ment of children when a judicial decision is required. flexible and to adapt the framework of rela- Lastly, the Law on Legal Protection of Children, Part I, deals with the “rights of minors” and in Part II with tions between foster parents and children “measures to be taken in situations where children lack facilitating the stability of placement; social protection, and instruments for the protection of ● Changes in adoption procedures with a new children.” 11 Art. 26 of Constitutional Law 3/1983, 25 February, by requirement that adoptive parents be suitable; which the Statute of Autonomy of the Community of ● Changes in the area of juvenile custody; Madrid was approved. THE CASE OF SPAIN 29

● The Children’s Defender or Ombudsman tres’ responds to a new political and social sit- (Defensor de Menores) is responsible for uation, which has led to welfare resources hav- safeguarding children’s rights in the coming greater local coverage and better outreach munity by receiving their reports and com- to problem areas. plaints, overseeing the enforcement of the The essence of child protection is to laws and undertaking the tasks of providing remove situations or problems that may ham- information and guidance; per a child’s balanced and positive growth. ● The Madrid Institute for Child Care (Instituto Children should not be exposed to unneces- Madrileño de Atención a la Infancia), super- sary suffering or be subject to harmful prac- vised by the Regional Ministry for Social tices. At the same time, protection should also Integration, and entrusted with promotion, compensate for deficiencies and provide affec- coordination and granting of resources in tion and support, embracing all aspects of the favour of children; child’s well-being. It cannot, however, be pro- ● The Commission for the Protection of Children vided indefinitely and must not jeopardize the (La Comisión de Tutela del Menor) imple- autonomy of the individual but should con- ments the functions of the Civil Code on tribute to strengthening – rather than weaken- behalf of the Community of Madrid. These ing – the child’s capabilities.12 include responsibility for guardianship of Following the transfer of responsibility13 unprotected children, providing temporary for child protection from central government custody for children at the request of parents to the Autonomous Communities in the 1980s, or guardians, initiating procedures for these Communities developed deinstitutional- assuming guardianship of children and ization policies and emphasized the coordina- ensuring inter-administrative cooperation; tion of community-based social and education- ● Local Corporations (Corporaciones Locales) al services. They also sought to improve the oversee the well-being of children and ado- quality of care provided inside residential cen- lescents by promoting the development of tres for children who had been abandoned or children, guaranteeing that they are able to subjected to abuse and established new proce- exercise their rights, protecting them ade- dures for placement in care centres that would quately and providing preventive measures; better respond to the needs of the child.14 ● Coordinating Units for Child and Youth Care A second stage has included measures to (Coordinadoras de Atención a la Infancia y build awareness among various social agents la Adolescencia) coordinate the various pub- on how to prevent and deal with risks relating lic service networks that have an impact on to children. This, in turn, led to a need to rein- the quality of life of children and adoles- force and reorganize resources. Specific laws cents within the Community of Madrid. providing for non-residential forms of care and foster care were made by all Communities.15 2.3 CHILD CARE POLICIES IN SPAIN 12 Funes, 1999. 13 This transfer of responsibility first took place through Child care policies, which stem from Law the Autonomous Statutes of each Autonomous Commu- 21/87 and are defined in Constitutional Law nity and later, starting in the mid-80s, by means of Royal 1/96 on the Legal Protection of Children and Decrees, which transferred central government functions and services to Autonomous Communities. the various Autonomous Laws and Child Care 14 Casas, 1993, p. 227. Plans produced by the Spanish Autonomous 15 These provisions (most of which were laws, though Communities have, in recent years, given pri- they also include some decrees) were enacted in the following years: Andalusia in 1998, Aragón in 1989, Asturias ority to the reorganization of residential in 1995, Balearic Islands in 1995, Canary Islands in 1997, homes. These are now founded on the new Cantabria in 1992, Castilla-La Mancha in 1995, Castilla y needs of children and an increase in economic León in 1988, Catalonia in 1985, Extremadura in 1994, Galicia in 1997, Madrid in 1995, Murcia in 1995, Navarre benefits to families. in 1986, La Rioja in 1998, Valencia in 1994 and the This new organization of ‘children’s cen- Basque Country in 1983. 30 CHILDREN IN INSTITUTIONS: THE BEGINNING OF THE END?

However, these developments did not tion, requires social services to be meticulous abolish a number of specialized residential in their selection and preparation of potential institutions that provide shelter and support foster families, and rigorous in their application for children who are unable to be cared for by of laws relating to the children concerned. their families, and those admitted for reasons Various types of foster care are available to of poor health, mental disability, behavioural provide flexibility in responses to children’s disorders, or substance addiction. In such cases needs, as follows:17 children are provided with specialized care in 1. Simple foster placement, of a temporary nature addition to maintenance, protection, education because the child is expected to return to and socialization. the biological family, or as an interim mea- New non-residential resources, including sure until a permanent solution is found; Day Centres, have been established alongside 2. Permanent foster placement, which occurs these residential institutions. The Day Centres when required due to the age or particular are a preventive social resource for children in circumstances of the child and family, and general, and those aged 6 to 18 with severe when requested by the relevant public social problems, in particular. The Centres authority. In this case, public authorities18 organize social activities for children in their can ask a judge to give foster parents the leisure time and provide educational support powers they need to undertake their through school tutoring and cultural activities, responsibilities to the full, always in accor- with family participation strongly encouraged. dance with the best interests of the child; The Youth Social and Employment Inte- 3. Pre-adoptive foster placement – the relevant gration Centres (Centros de inserción sociolab- public authority endorses a proposed adop- oral para jóvenes) are another alternative to tion before a judge, provided that the foster residential institutions. These are day centres parents meet the required conditions, have for children aged 14 to 18 who have difficulties been selected and have consented, and that in adapting to school, society or their family the child is suitable and ready for adoption. environments. The Centres aim to help these The public authority can also decide on this young people become full members of society form of foster placement when it considers and find employment by providing them with that the child needs time to adapt to the training activities that are geared to meet their family before the proposal for adoption is specific circumstances. presented. This period should be as short as In addition, alternative forms of family possible and never last more than one year; care, such as adoption and foster placement, 4. Open foster placements, or weekend or holi- have been developed over the last decade. day foster placements, where children live Spanish law considers adoption as a means to protect children and of providing them with a family environment. 16 Some authors distinguish between the acogimiento famil- Law1/96 on the Legal Protection of Minors iar in art. 172 of the Civil Code (referring to guardianship, introduced the requirement that the adoptive which can be exercised by means of foster or residential placement) and the acogimiento familiar in art. 173 (which parents be suitable for the child and that the covers foster care as an autonomous entity). See Pantoja adoption be approved by the public authorities. García, 1997, pp.51-65. This distinction, while correct, has Under Spanish law foster care is now recog- no significance for the purposes of this review as the issue is to establish whether deinstitutionalization of children nized as a valid means of protecting children has occurred and the legal distinctions of terminology are and ensuring their integration within a family not relevant. Any future reference to foster care (or environment. Foster placement (acogimiento acogimiento familiar) will be made in general terms, without consideration of fine legal distinctions. familiar) first appeared in Spanish legislation in 17 As specified in Art. 173 bis of the Civil Code 1987,16 providing an opportunity for children to 18 According to the First Supplementary Provision of live in families that assume full responsibility 21/87 public authorities are defined as bodies of central government, the Autonomous Communities or the Local for their upbringing. The concept of the best Authorities which are entrusted by law with the protection interests of the child, underlying this legisla- of children in their geographical area of responsibility. THE CASE OF SPAIN 31

with their alternative family during their and Protection of Children (Movimiento para la holidays. defensa y salvaguarda de los niños) emerged – a movement similar to those in Italy and the The activities of the Child Care Network United States – charitable in nature and mainly are supplemented by subsidies to and agree- concerned with the plight of children who were ments with social and private organizations abandoned, institutionalized or imprisoned. and are also sustained by a number of mecha- This movement, which also included the nisms for inter-institutional coordination. Patronato de Nuestra Señora de las Mercedes and Social Services departments support joint pro- the Escuela de Reforma Toribio Durán, was partic- jects relating to natural environments for chil- ularly strong in Catalonia and the Basque Coun- dren such as families, neighbourhoods, schools try, the most industrialized parts of Spain – and and villages. aimed to highlight the most grievous situations afflicting children. However, the underlying social causes went unchallenged and the move- 2. 4 THE CREATION OF A CHILD ment’s emphasis on the re-education and PROTECTION SYSTEM reform of children assumed that their problems 2.4.1 Background stemmed from the moral failings of their fami- Some historical background will place the ori- lies, or the children themselves. Even so, its gins of the Spanish system of protection in medical and educational approach was prefer- context and allow us to understand the present able to the stark remedy of institutionalization provision of welfare. that was so common at the time. The system in itself is quite recent, having The Movement for the Defence and Pro- being established in the late 19th century and tection of Children paved the way for the 1918 early 20th century. The flurry of child protec- Law on Children’s Courts, and the first three tion activity in the United States at the end of courts were created in Bilbao, Tarragona and the 19th century was the inspiration for similar Barcelona in 1920 and 1921. activity in Spain. This created a conglomera- The 1920s dictatorship of Primo de Rivera tion of child-related welfare and administra- extended the scope of charity, while the wel- tive bodies dealing with a range of situations, fare sector took responsibility for the health including new issues resulting from social and education of special groups. However, the change. new structure of the Ministry of the Interior One of the earliest social measures on maintained the High Council for Protection of behalf of children in Spain was the 1873 Law Children and Suppression of Begging, along- on Child Labour and Education. This prohib- side a Royal Council for Health and the High ited the employment of children under 10 Commission of Police. Some new measures years of age in industry and set limits to the had an indirect effect on the improvement of working hours of those aged 15 to 17. In addi- living conditions for children by providing pro- tion, three hours of daily school attendance tection to working women. became compulsory for children aged 9 to 14. Under the Second Republic of 1931 a However, while the Law was passed without number of changes promoted the concept of any opposition, it was not respected.19 social security, rather than charity. The most Child labour was cheap for employers and important measures affecting children includ- a much-needed source of income for poor fam- ed the expansion of state schools, with 7,000 ilies. Paternalistic and spurious excuses were new schools, changes in family law, the intro- used to justify the employment of children, duction of divorce, and a new focus on child such as the assertion that work itself was edu- nutrition, with the establishment of school cational, and that education would limit a canteens as well as children’s sanitary dispen- child’s prospects and the authority of the 20 child’s father. 19 López Keller, 1990. In 1880, the Movement for the Defence 20 Gaitán, 1999, p. 138. 32 CHILDREN IN INSTITUTIONS: THE BEGINNING OF THE END?

saries. The Republic attempted to provide The beginnings of a system of child protec- school facilities in what was the greatest finan- tion coincided with the emergence and growth cial effort of its kind in Europe at that time. of a new and different type of childhood in Public education, welfare relief and protection Spain, based on the affluent, urban household. for mothers were the three main thrusts in This also included the promotion of education child-related public sector policy in this period. for women, essentially in their roles as mothers After the 1936-1939 Spanish Civil War, the and wives, and the diffusion of information on new political regime referred to social justice child-rearing and hygiene24 intended to protect and public service in its declarations, and children’s health. It also included the extension established interventionist and regulatory of compulsory schooling and the appearance of practices that were not dissimilar to those of a so-called “new education”, using the active welfare state. The main targets for services method of teaching in schools.25 were the working classes, and the problems Between 1975 and 1980, social rights were were those related to their working conditions. affirmed in the Spanish Constitution and social However, children were excluded from the welfare became a strategic component in legit- social insurance system and were made part of imizing the new democratic political system. the charity system. The laws drafted in the 1980s made Spain one The Franco regime maintained the 19th of the most advanced countries in the area of Century Charity Law, entrusting its enforce- protection of children’s rights. ment to municipal and provincial authorities The social policy outlined in the 1978 con- backed up by other institutions established by stitution included the protection of families the regime. These included the Obra de Auxilio and children, redistribution of income, access Social, and at a later date, a series of councils, to vocational training, social security, health foundations and commissions that were sus- care, access to culture, care for people with dis- tained through special funding. The trend that abilities and for senior citizens, consumer pro- emerged was for greater administrative cen- tection and the right to an adequate quality of tralization and a gradual increase in the State’s life and to housing. These were welfare mea- involvement. sures that the authorities were obliged to pro- From the 1940s until the mid-1970s, while vide for its citizens. other industrialized countries consolidated and The Constitution recognized a number of expanded social measures, Spain experienced other individual rights, such as equality for all a condition that Rodriguez Cabrero21 termed before the law, the rejection of some forms of the “authoritarian welfare state”. discrimination, the legal equality of partners in Child protection was entrusted to a num- marriage and the possibility of marriage being ber of institutions. The Diputaciones dealt with dissolved. Recognition of these rights led to foundlings and arranged their adoption. The reform of the existing Family Law and had an Obra de Protección a Menores provided paedi- impact on the legal and social status of children atric dispensaries, shelters for children under and the options available to them in later life. three, food, education and care centres for children aged 3-16, and implemented ‘police custody’ as a result of its links with the Ministry of 21 Rodríguez Cabrero, 1995. Justice. The Ministry was responsible for 22 During the Franco period the General Directorate for Charities (Dirección General de Beneficencia) was a central Juvenile Courts (Tribunales Tutelares de civil service body within the Ministry. It covered the Menores) and Boards (Juntas). There were also foundations, authorities, establishments and other chari- some establishments under the authority of table institutions and the government services related to 22 them. the General Directorate for Charities. The 23 García Padilla, 1990. Obra de Auxilio Social, established during the 24 With the official recognition of paediatrics as a medical war to provide basic emergency services in the specialization and the dissemination of its principles through family child care and the establishment of child post-war years, expanded its activity to aban- psychiatry. doned children.23 25 Melendro, 1998, p. 62. THE CASE OF SPAIN 33

The new concept of the family that began the best possible integration for children, to take shape with the 1978 Constitution was either with their own families or alternative based on a new understanding of marriage, in families, and, only if absolutely necessary, in which husband, wife and children were equal. some kind of residential institution.27 Parent-child relations also changed and It is generally considered that with the parental authority was expected to be exer- enactment of the laws drafted during the 1980s cised by both parents for the benefit of the Spain became one of the most advanced coun- child.26 The idea of parental authority thus dis- tries in the area of protection of children’s appeared and was replaced by rights and duties rights. And yet a further shift towards the of parents who had to ensure the education of recognition of children’s rights took place in their children. January 1996 with the Law on Legal Protec- With the new law on adoption and other tion of Children, establishing a general protec- protective measures in 1987, social and legal tive framework that applied not only to public protection of children underwent a further bodies, child care institutions or parents and major change. This law considered adoption as relatives, but to society as a whole. Society a means of integrating the child within a fami- itself was obliged to help any child at risk or ly environment, with full legal implications. It without protection, and to report this situation also introduced the notion of foster placement to the relevant authorities. into Spanish law for the first time ever as an This law recognized the importance of pre- alternative form of protection to institutional- ventive measures. It also explicitly recognized ization and a separate measure from adoption. a series of child rights that could be called ‘per- The law defined the concept of “desamparo” sonal’ or ‘citizenship’ rights, such as the rights (lack of protection) of the child (as a result of to respect, privacy, freedom of expression and the parents’ failure or inability to perform their the right to be heard, both within the family protective obligations, or the inadequacy of and as part of any procedure relevant to them. parental performance of their obligations) These are all rights included in the UN which is the only case that triggers custody on Convention on the Rights of the Child which the part of the “relevant public authority in the had been endorsed by Spain and which oper- area concerned”. ate as legal instruments establishing a set of The law brought about a major change in limitations on certain activities affecting chil- the way in which public authorities exercised dren on the part of adults. Various Autonomous their protection over children, with a move Communities, within their own sphere of away from the idea of charity in favour of aban- responsibility, have also enacted laws, perhaps doned children and towards the idea of profes- of a more regulatory nature, aimed at providing sionally-based measures being taken in accor- substantial protection for all these rights.28 dance with the understanding that children Progress took place more slowly and hesi- were individuals endowed with rights and tantly in the area of criminal responsibility. It whose best interests were to be the overriding was only in 1994 that judicial measures applic- consideration in all situations. able to children were clearly defined. Today, Protection was de-judicialized so that these educational measures take precedence over public authorities were now required to pro- the punitive responses of the past and the aim vide immediate protection to unprotected chil- is to help offenders change their conduct and dren. Protection was deinstitutionalized. Exist- make good the damage done. More far-reaching residential institutions were opened up, ing changes were introduced by the new Con- their children were sent to local schools and stitutional Law 5/2000, which governs the took part in local activities just like other chil- criminal responsibility of minors. dren. The role of social services was expanded, both in detecting a lack of protection and in taking immediate action. There were commu- 26 Alberdi, 1995. 27 Gaitan, 1999, p.147. nity, group and individual measures to achieve 28 Ibid. p.148. 34 CHILDREN IN INSTITUTIONS: THE BEGINNING OF THE END?

In conclusion, it can be seen that while the the law, irrespective of their parentage, and general process in the evolution of child pro- of mothers, whatever their marital status. tection in Spain has been similar to that in The law shall provide for the investigation neighbouring western countries, there were of paternity. considerable differences in the timing of the 3. Parents must provide their children, process. Spain at first lagged behind other whether born within or outside wedlock, countries after the initial establishment of the with assistance of every kind while they are protection system, but the changes imple- under age and in all circumstances in which mented in the 1980s brought the country into the law is applicable. line with current practices and thinking. 4. Children shall enjoy the protection provided for in the international agreements that 2.4.2. Development of protection safeguard their rights. measures The organization of care underwent no signifi- Article 39 of the Spanish Constitution cant change in Spain until the 1970s, when, applies ‘protection’ to both children and fami- with increasing urbanization and industrializa- lies, implicitly placing children within a family tion, the system was modified in response to context, and is a basic guiding principle for changes in both the population receiving assis- specific legislation and social policy. Finally, it tance29 and in the relevant institutions and means that children are considered to be a full agents. and equal part of the family, an integral part of The greatest contribution to child rights in a social group within which they receive edu- Spain during this period was probably the 1978 cation and protection. Constitution. This laid the foundations of the Article 39 also establishes a hierarchy in legal framework for the protection of children the sphere of protection, starting with the par- and the defence of their rights. The adoption ents followed by the public authorities. of the Constitution set in motion the process of It should also be noted that family protec- formulating modern child law within the Span- tion is linked to the equality of children, inde- ish legal system. pendently of their parentage, thus including The new laws regarding children were families that are not joined by marriage. strengthened both by the adoption of the Article 14 of the Spanish Constitution domestic law as part of the constitution and by establishes the notion of non-discrimination – Spain becoming a signatory in the internation- one of the basic elements of child law. It states al system affirming human rights. Spain rati- that: fied a significant number of international bi- “Spanish nationals are equal before the law and and multi-lateral Conventions thus becoming may not in any way be discriminated against on a part of the general convention-based system account of birth, race, sex, religion, opinion or any of international private law from which it had other condition or personal or social circumstance.” been excluded for some time. Finally, in analyzing the significance of the The most important article of the Consti- Spanish Constitution in child law, reference tution in terms of child and family protection is should be made to the powers of the article 39.30 Recognition of, defence and com- Autonomous Communities to assume authori- pliance with article 39 became a basic principle ty in the area of social welfare, while civil law of statute law, judicial practice and public authorities, and can be invoked in courts of law in relevant cases. 29 This change was brought about through Constitution- al Law 1/96 which, based on the principle of comprehen- Article 39 states that: sive protection, extends protection to all children in any 1. Public authorities shall ensure the social, legal situation and not just to minors in an “irregular situ- economic and legal protection of the family. ation”. 30 This opens Chapter III of the Governing Principles of 2. Public authorities shall ensure full protec- Economic and Social Policy of Part I: Fundamental tion of children, who will be equal before Rights and Duties. THE CASE OF SPAIN 35 remains exclusively the responsibility of Cen- formance of the obligations connected with: tral Government.31 ● Personal assistance: looking after one’s chil- If we examine the specific provisions of dren, keeping them in the family environ- the Civil Code under the section ‘System of ment, feeding them, educating them and Legal Protection’, in particular the aspects providing them with a rounded upbringing; which refer to the protection of the rights of ● Economic assistance: securing the necessary children who lack a family environment, it is funds for sustenance, housing, clothing, clear that this protection stems from Family medical care and schooling; Law as a part of Civil Law. ● Legal assistance: their legal representation and Until Law 1/96, the main element in the the administration of their property. legal framework for the social protection of children was provided not by the Civil Code but by Under the Civil Code, the father or moth- laws on the protection of children that dated er of a child may be stripped of their parental back to 1948. These continued to be valid for at authority if a judge decides that they have least ten years after the adoption of the Spanish failed to carry out their obligations to their Constitution, despite the obviously incompati- children. Parental authority will also be sus- ble nature of the two standards. While the 1948 pended when the child has been declared to provisions for child protection were repealed by be without protection, and when his or her Law 21/87, this did not solve the problem. Law guardianship has been taken over by a public 21/87 was not a protective law, even though it body responsible for children without protec- contained measures applicable to the protection tion. In this case, parental authority will be of children in unprotected situations. Until Law suspended as long as administrative guardian- 1/96 officially repealed all prior legislation, ship of the child continues. Spain had no general system of child protection. The Civil Code is in line with all international laws and constitutional provisions con- 2.5 SITUATION AND TRENDS cerning the child’s right to be part of a family, IN CHILD PROTECTION the fundamental underlying principle being 2.5.1. Consolidation of the that of maintaining the child in the biological child-protection system family. The political changes that occurred in Spain in The key concept in this protective system the late 1970s had taken place much earlier in is that parental authority, which is the central those European countries that had started to reference point of the civil protection system, construct welfare states immediately after is recognized by the law as being the fullest World War II and had developed community- and most complete means of control. The pri- based protective systems as early as the 1960s. ority given to parental protection is based on This process had effects on the gradual trans- the belief that the parent-child relationship formation of child care, with its increasing pro- and the family environment are the most posi- fessionalization, changes in residential ser- tive settings for the child’s development. vices, and, beginning in the 1960s, the Parental authority is no longer considered as a development of community services and the ‘power’, but rather as a ‘function’. diversification of protective systems. The reform of parental authority by means In the 1980s, Spain experienced a surge in of Law 11/81 of 13 May 1981 not only estab- ‘new professions’, such as educators, psycholo- lished that authority rested with both parents, gists, social workers and sociologists. This was but emphasized the guardianship implicit in also the decade in which powers began to be that authority as established in Article 154 of the transferred to the Autonomous Communities. Civil Code. This states that parental authority: “Shall always be exercised for the benefit of children in accordance with their personalities.” 31 See Section 2.2 here. Legal Protection of Children Parental authority is now seen as the per- under Spanish Law. 36 CHILDREN IN INSTITUTIONS: THE BEGINNING OF THE END?

Responsibility for child protection was unified tem within a welfare state framework, the for the first time, rather than being split among framing of new laws relating to children and several bodies, some welfare or charity-orientat- the decentralization of services have led to ed and some more judicial in nature. Many of substantial changes for the better in the way these bodies had survived into the 1980s with- social work is carried out in favour of vul- out major alteration and, in general, they had nerable children. remained amazingly untouched by the changes affecting society. Even the changes introduced These developments have led to further by the most forward-looking were geared to changes in the protective system for children, generating greater material resources and tap- including: ping the skills of technical experts. Ironically, ● The development of residential models to these technical experts were often the very peo- replace large-scale homes, such as ‘function- ple who began to question the system. al homes’, ‘mini-residences’ and ‘family The social changes preceding and follow- houses’ as alternatives to in-family care. ing Spain’s transition to democracy meant that ● Family support: through grants for pre- this situation had to change. Society itself schooling, school canteen vouchers, eco- demanded modernization. nomic benefits to keep children with their With the growth of the welfare state families, and the creation of open services model, emphasis was placed on the principles such as leisure activities, courses, informal of prevention, globality, participation or return education and home assistance, all of which to society and the professionalization of social bolster the normal development of children practitioners was encouraged. in their own environment. The changes affected not only values and ● The creation and promotion of alternatives normative systems but also services, and had a to children’s biological families, such as fos- number of far-reaching effects, some of the tering and adoption. most significant being: ● The progressive replacement of volunteer ● The democratic system that has character- work by professional social agents, and the ized Spain’s cultural and political life since emergence of new professions and special- the adoption of the Constitution in 1978 has izations in social work and care for unpro- led to greater social awareness of, and tected children: social psychologists and greater respect for, groups that have tradi- educators, family therapists, child- and tionally been relegated to the sidelines of family-lawyers, children’s police officers, society. home support workers, with the establish- ● This new framework of relations has ment of continuing training and diffusion of changed the social image and vision of information. childhood within society. ● There is now greater knowledge about the The growing recognition of such funda- needs of children and their rights within soci- mental principles in Spain has had a major ety, and this has lead to the establishment of impact on the general outlook of the child pro- networks focusing on children and a general tection system. This now recognizes and prior- movement of solidarity with children. itizes the right of children and adolescents to ● There has been a major upheaval in the pro- protection within their family and social envi- fessional sectors that have had most contact ronment – first with their parents or, if that is with children: teachers, health-care work- not possible, with their extended families. ers, educators, social workers and so on. Not The temporary or permanent separation of only has there been an increase in the num- children from their original environment is ber of professionals and areas of specializa- seen as an extreme measure of last resort. tion, but training and operational proce- The family remains the most natural and dures have also been improved. important setting for child development. Its ● Finally, the creation of a social services sys- strengths, and its failings, are the formative THE CASE OF SPAIN 37 influence on any child. Social policies for chil- 2.5.2 Deinstitutionalization dren must therefore aim to prevent, reduce or programmes compensate for a family’s possible deficiencies Until the 70’s child-care institutions in Spain, by providing care and support while strength- as previously mentioned, remained reluctant ening or developing its positive capabilities to adopt the new approaches to children’s and potential. rights already underway in neighbouring Implicitly, recognition has also been countries. afforded to another right which was not previ- Riveted to a charity outlook and detached ously a priority for the system of protection: from social reality, ‘total institutions’ remained the right that parents of children and adoles- the response to lack of protection in the family. cents be offered “support and guidance” by The process of deinstitutionalization had institutions and when they are separated from to combat the idea that such institutions were their families they should be able to return to a valid response to the problems of unprotect- them as soon as possible. ed children. It had also to facilitate the devel- The redefinition and extension of the pro- opment and inclusion of these children within tective system was reflected in various ways, society. Such a process implies not only the ranging from the proliferation of studies and closure of these institutions and the applica- investigations of ‘marginalized’, ‘maltreated’ tion of alternatives but, above all, preventive or ‘maladjusted’ children to the creation of measures targeted at the family. special technical and professional groups oper- Any deinstitutionalization process implies ating in this area and the continuing appear- on the one hand the application of alternative ance of new, increasingly complex regulations. protective measures and on the other the A protective system has been created that transformation of the institutions into educa- combines legal, social, educational and psycho- tional centres. social aspects with the decision-making bodies, In terms of alternative measures to institu- resources, practitioners and models that are tionalization in large residential homes, a activated when caring for unprotected children. major breakthrough came in 1987 with Law The de-judicialization of protective proce- 21/87. This amended several pieces of legisla- dures achieved by attributing powers to tion concerning adoption and other forms of administrative bodies and decentralizing care protection. It replaced the concept of aban- through the establishment of decision-making donment with the new concept of ‘desamparo’ bodies overseeing their own protection system or lack of protection – a crucial distinction. It in each of the Autonomous Communities are introduced adoption as a measure for full fam- two of the most important changes brought ily integration; established foster placement as about by the entry into force of Law 21/87. a new child protection measure; made the best Following this, each Autonomous Community interests of the child the general guiding prin- developed its own child protection system, ciple in all child-related actions; and extended and the Autonomous Community of Catalonia 32 the options of the Public Prosecutor’s Office actually adopted its own child protection law when dealing with minors. in 1995, a year before the national law on Before being replaced by the concept of Legal Protection of Children was passed. ‘lack of protection’, that of ‘abandonment’ had The 1990s was a period of consolidation changed slightly.33 The 1889 Civil Code had and implementation, based on a multi-discipli- given no clear definition of abandonment and nary approach that pooled specialist knowl- its amendment in 1941 dealt only with the edge from an increasingly well-trained set of issue of abandoned children in charitable insti- professionals. The decade was characterized tutions. This, in turn, was repealed in 1958, by the establishment of two major approaches to child policy: ● A major drive to produce new laws; 32 Law 8/1995, 27 July, on the Care and Protection of Children and Adolescents. ● The development of Action Plans. 33 González León, 1995, pp. 63-78. 38 CHILDREN IN INSTITUTIONS: THE BEGINNING OF THE END?

and replaced with new regulations dealing Therefore there is a purely factual defini- with the adoption of expósitos (foundlings)34 or tion of the conditions which require a public abandoned children. authority to assume custody of a child by The Law on Adoption of 1970, amending virtue of the obligations which the Constitu- the Civil Code, was a first attempt to define tion and its laws place on it guaranteeing social abandonment, and it received considerable crit- and economic protection to children. Before icism. It repealed article 174 of the Civil Code, such action can be taken, it is necessary for the which had covered two kinds of abandonment, public authorities to ascertain that a situation simple and qualified. In cases of ‘simple aban- of lack of protection actually exists. donment’, children under the age of 14 were left with no provider. Those legally responsible 2.5.2.1. Reviewing the cases for such children were to hand them over to a of institutionalized children charitable establishment or children’s home. Following the entry into force of the reform of ‘Qualified abandonment’ occurred when pater- the Civil Code with the amendments to Art. 172 nal authority was relinquished to give consent covering lack of protection, the Autonomous for the adoption of the child. Communities embarked upon a number of pro- Abandonment was to be examined and grammes to deinstitutionalize children. Most of decided upon by the judge entrusted with the these programmes involved a yearly review of adoption proceedings. This led to problems, the situation of each child to decide if family ruling out the possibility of abandonment being reintegration was possible, if necessary with declared unless an adoption was also requested. supplementary assistance and support. With the 1987 reform, as mentioned, the As a result, foster placements have gradu- concept of abandonment was replaced by the ally increased in Spain over the last decade.37 notion of lack of protection, which is deemed In 1990, there were 1,396 administrative foster to exist when the protective obligations placements, rising to a peak of 2,266 in 1996, required by law of the guardians of children are with the figure decreasing slightly to 1,821 in not fulfilled or cannot be performed, or are per- 1997. Court-ordered foster placements almost formed inadequately, thus depriving children trebled in the space of seven years, rising from of the moral or material assistance they need.35 386 in 1990 to 1,092 in 1997. Law 1/96 has made child protection pro- Residential placements, on the other hand, ceedings more flexible in that they allow the after rising from 6,637 in 1990 to 7,926 in 1992, competent public body to guarantee the social dropped to 5,053 in 1997. This 36 percentage and economic well-being of children without point drop over just five years demonstrates protection by assuming automatic custody of the impact of the policy changes of a few years those children.36 earlier, the effects appearing in national data Subsequent to the changes in the policies after 1992. established by law, the guiding principles are The process of deinstitutionalization has as follows: taken place at differing rates in each of the ● To strengthen preventive treatment by acting on the causes which lead to lack of pro- 34 Casas de Expósitos (Foundlings’ Homes) originated in tection for children. 1796 and were established for children who had been left ● To improve the integration and normal life exposed to be found. This term was rejected by contemporary legislators as they considered that, “the concept of for children in their social surroundings. abandoned children has been dealt with in such a way as ● To ensure that administrative measures be not to require reference to the outdated and pejorative time-limited so as to allow children to be term of expósito” (Statement of Grounds of Law 7/1970 of 4 July) Méndez Pérez, 1991, pp. 13-17. cared for in their own families. 35 Art. 172 of the Civil Code. ● If necessary, to provide children with 36 Explanatory preamble to Constitutional Law 1/96. resources alternative to their families in 37 Estadística Básica de Protección a la Infancia (EBPI) (Basic Child Protection Statistics), Ministry of Labour order to ensure a suitable environment for and Social Affairs, Reports Nos. 0 and 1, December 1998 their full development. and November 1999 respectively. THE CASE OF SPAIN 39

Autonomous Communities.38 Catalonia for 2.5.2.2 Guiding principles in example achieved the greatest reduction in deinstitutionalization programmes residential placements: whereas the number in The over-arching principle in child protection 1992 was 1,331, the figure had fallen to 181 work is avoidance of uprooting children from four years later. Meanwhile, foster placements their natural environment – their own families. increased, so that, according to regional statis- The family is acknowledged to be the best tics,39 the total number of children and adoles- place for a child’s upbringing, as relations cents placed in foster care in 1997 was 3,998, between family members are closer than else- compared to 2,035 placed in centres. where.40 Both research workers and practition- Valencia also saw a significant drop in resi- ers generally agree that the family should be dential placements, falling from 934 in 1992, to the “basic and natural environment for the 538 in 1997. Foster placements increased in upbringing and education of children”; they parallel almost doubling from 300 in 1990 to also consider that the internment of children in 596 in 1997. institutions can “interfere with the develop- Elsewhere, increases in foster placements ment of their primary bonds and undermine were more gradual and declines in residential the forms of normal development most closely placements more modest, as in the Balearic connected with social contact”.41 Islands, Castilla la Mancha, Galicia and Services and authorities must support or, in Navarre. In Andalusia, residential placements the case of judicial authorities, require, the re- remained stable at around 1,300 children establishment of the biological family environ- placed in institutions between 1990 and 1997. This number is, to a large extent, caused by residential placements of children from North 38 Unless otherwise indicated, the figures for each of the Africa. This situation is also found in the cities Autonomous Communities are taken from Estadística Básica de Protección a la Infancia (EBPI) (Basic Child Pro- of Ceuta and Melilla on the North African tection Statistics) of the Ministry of Labour and Social mainland.The process of deinstitutionalization Affairs. Reports Nos. 0 and 1, December 1998 and of children is shown in the graph below, com- November 1999 respectively. 39 These statistics were prepared by the Instituto Catalán paring the number of residential placements de Acogimiento y Adopción, established in 1997, whose main with the number of combined judicial and objective is to “Reinforce protective measures guarantee- administrative foster placements. A clear trend ing the rights of children to grow up inside a family.” 40 As recognized by Recommendation no. 1074 (1988) of can be seen in favour of the family setting in the Parliamentary Assembly of the Council of Europe. the child protection systems of recent years. 41 See Ferrándiz Torres, 1999, pp 69-70.

Residential Care and Family Placement* 8000 7000 6000 5000 4000 3000 2000 Number of children 1000 0 1991 1992 1993 1994 1995 1996 1997

Residential Family

(*) Source: Estadística Básica de Protección a la Infancia (EBPI) (Basic Child Protection Statistics), Ministry of Labour and Social Affairs, Reports nos. 0 and 1, December 1998 and November 1999 respectively. 40 CHILDREN IN INSTITUTIONS: THE BEGINNING OF THE END?

ment. If this is impossible, every effort must avoiding their automatic elimination from pro- be made to find a family-style alternative. Pro- grammes on finishing school, means that they tection centres thus become places for tempo- can still be assisted in seeking employment or rary shelter while other measures are under- continuing their education. taken to solve the problem. Insight gained into the family and person- Their temporary nature requires the regular al situations of children has meant that chil- review of individual cases, and deinstitutional- dren, who in the past would have been placed ization programmes are based on systematic in institutions or lived on the streets, have examinations undertaken by multi-disciplinary instead been identified, protected and direct- expert teams. These teams gain a thorough ed into foster placement schemes. knowledge of the personal, social and family sit- Strict compliance with these guidelines uation of each institutionalized child, and limits the use of institutionalization as a examine the viability of returning the child to response to a lack of child protection and com- his or her family environment once any neces- pels the pursuit of more satisfactory measures sary assistance has been guaranteed. such as family support, canteen voucher sys- The guiding principles of child protection tems, primary school grants, household help are now firmly focused on deinstitutionaliza- and family educators. tion, based on the following key concepts: The change in institutionalization criteria ● The residential centre does not in itself pro- has meant a change in the characteristics of the vide the conditions for the normal develop- population now cared for in residential centres. ment of children. The family problems of children currently ● The family-child affective relationship is the placed in residential care are more serious and most suitable for balanced development of a the children themselves are generally from child’s personality. backgrounds of greater deprivation, greater ● The re-establishment of parent-child rela- dysfunction and greater conflict. tions is the basic reason for deinstitutionalization. 2.5.2.3 Changes within the institutions ● Family deficiencies may be alleviated The first programmes to attempt the reform of through monetary benefits. Incompatible large-scale institutions had soon to come to time schedules, inadequate income or lack terms with the fact that they would not suc- of housing are not valid arguments for insti- ceed without far-reaching changes in admis- tutionalization of a child. sion procedures as well as in the resourcing of basic social service networks to ensure effec- Avoiding institutionalization whenever it is tive preventive action and early detection. Tar- not absolutely necessary is the responsibility of geting change at the children’s institutions both the social services who identify children in alone would not be enough without general need of protection and of the centres in which changes throughout the protection system. children have been placed. Three complemen- According to Casas,42 the reform process tary lines of action need to be followed in order affecting children’s residential centres in Spain to avoid unnecessary residential placement: can be divided into at least three different a) Strict criteria have to be established for res- “levels of intensity” depending on the actual idential placement; programmes implemented: b) All cases of institutionalized children must a) Clean breaks with the past. These programmes be reviewed; aimed to close down large institutions with- c) All possible alternatives to institutionaliza- in a short space of time and replace them tion should be explored. with a network of alternative services. In general, these were programmes for the The improved quality of life for deinstitu- complete overhaul of child-related social tionalized children, achieved by supporting them according to their family needs and by 42 Casas, 1993. THE CASE OF SPAIN 41

services within a given area, including the ● Coordination of the various child welfare strengthening of family-support services, systems and departments. the establishment of alternative services and ● Coordination of the child care programme small residential homes with skilled educa- and work with the family, using the comple- tional teams and a holistic approach. mentarity of the family within a defined b) Relative change. These programmes trans- timeframe. ferred children from large institutions to ● Standardizing criteria and operations. smaller residential centres, maintaining the ● Diversifying services to meet a variety of educational team structure and the admin- needs and situations. istrative procedures of the large-scale insti- ● Coordinating all residential resources within tutions. a network. c) Physical re-design. These programmes retained the physical external appearance of These criteria justify the need for various large institutions but re-designed the interi- kinds of residential resources. ors to make the surroundings more humane. Such programmes often maintain the previ- 2.5.2.4 Residential areas for adolescents ous educational teams, although these pro- The special situation of adolescents requires grammes require higher numbers of staff. particular attention and can be especially con- flictual in a residential situation, or home. The In theory, the implementation of the basic creation of a residential space for adolescents principles of deinstitutionalization should lead must be based on the knowledge that it cannot to the closure of large-scale institutions and be good for boys or girls to reach adulthood in the release of resources for alternative mea- large-scale institutions, remote from the nor- sures. In practice, however, the majority of res- mal forms of social organization. idential centres are unlikely to disappear in the Sooner or later, the girls and boys in resi- near future, and their improvement is there- dential care will have to switch from life in an fore essential, particularly in three areas: institution to coping for themselves. A ● introducing educational criteria preparatory process should take place in a con- ● recruiting technical experts text or space specifically for adolescents. At ● on-going staff training. least while they are seeking to establish their own autonomy, the residential structure However, the expansion and improvement should be structured in such a way that they of the social services system has made it possi- can develop and experiment different ways of ble to detect risk situations at an earlier stage managing their own lives. and to establish better diagnoses of problems In any case, within the limits of reality, the encountered. As a result, there now exists a insititutional set up will be more or less small. very efficient screening process, with the chil- Subdivisions or groups can be created within dren placed in residential care representing the institution itself, each with its own organi- only those cases that are the most complex or zation, approaches and educational style the most difficult. according to the various stages of child devel- Changes in the approach of social services opment, including adolescence. have forced an improvement in the quality of This does not necessarily mean different care provided in these institutions. They must centres for adolescents. A residence may have now be based on individual care, greater vari- an area especially for young people, a different ety of resources to respond to a wide range of grouping which can work and be organized in situations and needs, and greater coordination a different way. When a young person with other departments impacting on the wel- (whether over 18 or not) finally begins to reach fare of children. independence, some residual support may be The methodological principles that apply needed while they settle into their new lives. are as follows: Ultimately, the centre or apartment could 42 CHILDREN IN INSTITUTIONS: THE BEGINNING OF THE END?

become a semi-boarding-house with visiting cal understanding that children are endowed professionals looking in from time to time to with rights. offer help when needed. Some of the articles of the CRC refer to An adolescent ‘space’ requires flexibility, children in residential institutions and place both in terms of working or school hours and in particular emphasis on the need for all proce- terms of the agreements and negotiations dures and matters concerning those under 18 which may be involved in each individual case. years of age (administrative, social and judicia- Characteristics of residential structures devel- ry) to stringently guarantee respect of all their oped to promote independence and to work in rights. Thus articles 19 and 20 establish that a way that reflects real life are: protective measures must contain effective ● small groups with their own dynamics procedures to establish social programmes that ● integration into their surroundings as far as provide the necessary assistance for children possible and their carers, and that the state has an oblig- ● a flexible educational framework and style of ation to extend special protection to children interpersonal relations deprived of their family environment and to ● recognition that adolescence is fraught with fully respect their rights. tension and difficulties. The Convention, which was ratified by Spain in December 1990, embodies the social The underlying concept is that adoles- and legal principles concerning child protec- cents still need educational input from adults tion and welfare which had already been set to provide them with support in becoming out in the 1959 Declaration on the Rights of independent. But the care offered must alter- the Child and recognized by the 1948 Univer- nate between ‘presence’ and ‘absence’, sal Declaration of Human Rights. between proximity and availability and an Protection is only one of the aspects related attentive distance. to child welfare, and cannot be reduced to sim- Unlike other residential models where ply improving the living conditions of the most intense and continual attention is required, ado- disadvantaged. The Convention refers in gen- lescents require varying degrees of care. Ade- eral terms to the special protection which in the quate human resources in terms of numbers and case of children must be given to the rights to organization need to be provided in order to life, health, education and identity and privacy make this kind of relationship possible. against any form of exploitation or abuse. However, children’s welfare also involves 2.5.3 National childhood policies the recognition of other rights: the right to be Currently, national child-related policies in heard, freedom of expression, thought, and Spain are influenced by a combination of fac- association, the right to an adequate standard tors determining the role of public and private of living such as to allow physical, mental, spir- sectors. The most important factors are: itual, moral and social development. The Con- vention, in short, establishes both the right of 2.5.3.1 International trends children to special protection as members of a The United Nations Convention on the particularly vulnerable social group and their Rights of the Child, adopted in 1989, and the right to act as individuals endowed with rights. World Summit of Heads of States and Govern- ments, which opened the series of UN Inter- 2.5.3.2. New conditions for social harmony national Conferences held during the 1990s, The sweeping changes affecting society in established an approach which considered recent years make it necessary to undertake a children as a distinct social group with their technical and political review of child-related own interests and rights. social policies. While Spain has always been rel- The Convention on the Rights of the atively multicultural, an intense process of mul- Child constituted a great and historic step for- tiracial transformation has recently taken place. ward in establishing a universal and unequivo- A significant number of immigrants now live in THE CASE OF SPAIN 43

Spain, and at times their presence has led to growing demand by citizens for their direct racist attitudes. Many areas, particularly in the involvement in such activities. In 1996, Spain inner cities, outlying suburbs and in isolated introduced Law 6/1996 on Voluntary Services, rural parts of the country suffer particularly from to promote and facilitate the participation of cit- problems that result from social marginalization izens in voluntary social activities and services. or exclusion, and the responsibility for address- This law attempts to regulate and harness ing this lies with the social services. the immense human potential that exists in the Economic growth is not, in itself, enough to volunteer movement. However, voluntary work generate jobs and promote social integration. is still not very common and at times has been When unemployment is high and large num- difficult to organize effectively due to the bers of people face severe problems, the result administration’s sluggishness in facilitating and for many families, and their children, is social consolidating voluntary initiatives in some parts exclusion and the risk of institutionalization. of the country. It is therefore necessary to open There are no aggressive policies currently a debate with the NGO’s in order to create for- in operation in Spain to combat marginaliza- mulas which can give concrete application to the tion or to recover the most disadvantaged Law, mainly at the municipal and Autonomous members of society. Alternatives to unemploy- Community level, by furthering training pro- ment, and provision of social services are not grammes without leaving the responsibility for yet seen as rights. Even the right to subsis- services to the voluntary movement alone. tence and minimum incomes are not guaranteed in every Autonomous Community. 2.5.4 The Law on Legal Protection While a great deal has been achieved, the of Children continuing lack of a coherent Child or Family Law 1/96 on the Legal Protection of Children Support Policy, is a stumbling block in provid- is not intended to be a Children’s Code con- ing full protection for children and families taining every specific legal provision relevant and finally ending institutionalization. to children, or to provide exhaustive coverage of all the issues. Besides being impossible, this 2.5.3.3. Non-Governmental Organizations would also be impractical due to frequent The dynamic policies of social NGOs have changes in the laws which would quickly make strengthened the social and democratic foun- it obsolete. dations of Spain. NGO’s, associations and It tries, however, to be exhaustive in the foundations are seeing a constant increase in material selected for coverage and does not the level of their cooperation with the various reiterate precepts already recognized in other public authorities, and intervene in areas codes, of the same or higher level, nor does it where they can provide a more flexible and breach the existing organizational order. efficient response than can the public sector. The basic aim of the law is to close the It is, however, vital to carry out effective gaps identified and to adapt legal provisions to monitoring of the quality of the services provid- the new situation generated by the 1989 Con- ed by NGOs. This is often very high indeed, vention and emerging social demands. but may sometimes fall short of acceptable It consists of two entirely separate parts. quality standards because of difficulties in eval- Part One outlines the judicial framework of uation, the lack of clarity concerning quality lev- the child protection systems, defining the els and the scanty resources available to them. obligations of public authorities, institutions, In today’s society, NGOs are significant parents and other citizens, as well as the prin- embodiments of the right of all citizens to take ciples that should guide action relating to chil- part in the social, economic and cultural life of dren. It recognizes and develops a number of the nation as guaranteed by the Spanish Consti- basic children’s rights, including the rights to tutional Law 30/94 on Foundations, and tax respect, privacy, identity, information, freedom incentives to promote private participation in of thought and expression, participation, asso- activities of general interest, respond to the ciation and assembly. 44 CHILDREN IN INSTITUTIONS: THE BEGINNING OF THE END?

Part Two undertakes a limited reform of Law 1/96 also extends and updates the the Civil Code to fill gaps identified in its cov- child protection system established on the erage and to clarify, complete, or amend provi- basis of Law 21/87. It regulates the general sions that have caused problems identified by principles of care in cases of lack of social pro- Parliamentary groups, the Children’s Protector tection, including the obligation for a public and the General Office of Public Prosecutions. authority to investigate the case and take These changes refer to custody which, action through the Social Services or, if neces- whenever possible, should be considered as an sary, take the child into its custody. instrument to promote family integration and General principles are also established, the removal of which should be possible on such as the integration of the child into the request by the child; the obligations citizens family that replaces the biological family, the have to report situations of risk or lack of pro- principle of cooperation with both child and tection are also specified; as are the obligations family in implementing protective measures, of and guidelines for public authorities. and the principle of keeping the child with The law also clarifies and enforces the sys- their biological family and in their geographi- tem of notifications and appeals and the com- cal surroundings if at all possible. petent jurisdiction for recognizing administra- A new development is the possibility for tive actions. the public authority to grant temporary foster On foster placement, the law envisages a placement as a preparatory phase prior to defin- number of situations that may make it neces- itive fostering or other measures. This makes it sary to give special powers to foster parents possible to avoid a number of situations which and also spells out the procedure leading up to had previously led to the child being admitted the granting of foster care. to an institution, with all the psychological and It establishes a distinction between vari- emotional damage this entails. The introduc- ous kinds of foster care depending on whether tion of this type of custody responded to one of it is to be considered as temporary or perma- the most pressing needs faced by public nent. A number of changes are introduced authorities, which previously had been obliged concerning adoption, such as the establish- to admit unprotected children to centres while ment of a pre-adoptive period of foster place- the procedures for foster care or adoption were ment and the requirement that adoptive par- being completed. This situation was corrected ents be suitable. In addition, an by Art. 173.2 allowing this option in the case of administrative system is established to over- children whose parents have demonstrated a see adoptions of foreign children or intercoun- complete lack of care and attention. try adoptions and the intermediaries in inter- The Law also introduced the idea that country adoptions are regulated. There is decisions by public bodies should not only be absolute prohibition of unwarranted profit communicated in writing but also in person, from intercountry adoption. making it possible to give more details about The Law tackles a hotly debated and con- the decision, its reasons and possible effects. tentious issue – the institutionalization of chil- The Law includes a Supplementary Provi- dren in psychiatric centres – and spells out the sion in the procedures for appeals in relation to conditions in which such admissions can be Article 158 of the Civil Code, such as appeals made. This must be done with the strictest relating to public custody, or those challenging guarantees, and “internment on account of the suitability of prospective adoptive parents. psychological disorders of an individual unable Appellants no longer have to make an ordinary to decide on such internment by him or her- administrative appeal or an appeal preliminary self, even when such person is subject to to civil proceedings. parental authority, shall require judicial autho- As a result, the delays that could arise rization…”. This means that parental consent while awaiting a final court decision are avoid- is not enough to warrant the internment being ed, sparing the child the legal insecurity that considered voluntary. might occur if a decision by the public author- THE CASE OF SPAIN 45 ity is later overturned by the judicial authority. ginalized children at risk of institutionaliza- These basic operative provisions apply inde- tion. However, the quality and scope of the pendently of the legal situation of the child, changes brought about can only be gauged by whereas the provisions governing disputes comparing them with the initial situation. only apply in the case in which a situation of In the early 1980s, before decentralization lack of protection exists. began, the situation was characterized by: This is due to the fact that, in child pro- ● Lack of common laws for the child-related tection proceedings, the public authority is not sector as a whole; acting within the sphere of administrative law, ● Ignorance of existing needs, where intuition but in the field of civil law, as envisaged by substituted planning; Article 173.2 of the Civil Code. This states that ● Irrational allocation of resources and inade- when parents oppose the decision or fail to quate human and material resources; appear the judge will decide on the foster ● Centralization and bureaucracy in responsi- placement, in compliance with the Law on ble bodies; Civil Procedure. ● Inadequate funding, based on taxes levied In conclusion it should be mentioned that and not on existing needs; the Law on Legal Protection of Children in ● Lack of coordination between institutions creating a new system has also brought about a and lack of contact between groups and change of mentality. Instead of focusing only associations operating in the sector; on children in an irregular situation caused by ● Lack of municipally-based services and abandonment, lack of protection or their own scarcity of provincially-based services. actions, the modern principle of “comprehensive protection” has been introduced, extend- The social assistance network outside the ing the basic principle of Law 21/87 to any normal social security channels addressed situ- child in any legal situation.43 ations of extreme deprivation, but segregated With the principle of comprehensive pro- its users thus preventing their full reintegra- tection, no child should ever be in a situation tion into society. Services reported to a plural- in which she or he is undefended or unpro- ity of highly centralized public bodies within tected and, as stated by Varela García, “all chil- the state administration. dren in any legal situation” are protected. This, in schematic terms, was the situation The main operative provisions apply inde- in the sector at the time when the process of pendently of the legal situation of the child, transfer of power to the Autonomous Commu- whereas the provisions governing disputes nities began. The transfer meant changes in only apply in the case in which a situation of three major areas relating to marginalized chil- lack of protection exists. dren: social services, juvenile justice and edu- The explanatory preamble to Law 1/96 cation. and the articles which contain the principles of Social services: as pointed out by Del Valle,45 action of the Law lead us to conclude that the Spanish Constitution makes the there has been an evolution from the concept Autonomous Communities responsible for of ‘abandonment’ to that of ‘lack of protection’ social assistance.46 However, the basic legisla- and therefore to the notion of ‘comprehensive tion governing social security and the econom- protection’.44 ic system that underpins it, are the responsibilities of central government.47 This situation, 2.5.5 Child policy trends in the Spanish in conjunction with the vagueness of the ter- Autonomous Communities The administrative and political reorganization which derived from decentralization and 43 Varela García, 1997, p. 275. the transfer of powers to the Autonomous 44 Ibid. 45 Del Valle, 1985. Communities, has had an undeniable impact 46 Art. 148.1.20 CE. on the structuring of resources targeting mar- 47 Art. 149.1.17 CE. 46 CHILDREN IN INSTITUTIONS: THE BEGINNING OF THE END?

minology used by the Autonomous Statutes the Higher Courts of Justice and that the reg- (“social assistance”, “social welfare”, “social ulations and powers of the Juzgados de Menores services”, “community development”) has and the composition of the Second Section of created a dual system involving central and the Supreme Court be adapted to the provi- regional powers. These services are guaran- sions of the new law.”48 teed to all citizens by the enactment of social With this new law Juvenile Judges must be service laws, a power attributed to the Legisla- appointed following a competition and prefer- tive Chambers of the Autonomous Communi- ence will be given to those who are specialized ties, and every Community has enacted laws of in children’s issues.49 The jurisdiction which this kind. the law grants these courts concerns children In 1984, responsibility for Child Protection committing misdemeanours and offences laid was transferred entirely to Spain’s 17 down in the Criminal Code or indicated by Autonomous Communities, including child special criminal laws.50 protection services and residential institutions. The role of the school system in reproduc- Child Protection Boards were dissolved and ing social inequality is clear. School failure is a their functions were shifted to the provincial constant finding in cases of marginalized chil- services of the Autonomous Community Min- dren. As a result, it is vital to implement edu- istries. With the enactment of Law 21/87, the cational programmes that can reach out to the transfer of powers to the Autonomous Com- most marginalized children, such as those from munities for all issues relating to child protec- rural areas, urban slum areas, and those with tion was complete, and each one was free to disabilities. develop its own child protection system. An attempt to address remedial education Central Government retained only the for- was made by Royal Decree 117451 which aimed mer General Directorate for Legal Protection to provide guaranteed access to free schooling of Children, now merged within the General for groups at a disadvantage because of their Directorate for Social Action, Children and economic situation, social conditions or place of Families, which is subject to the Ministry of residence. As a result, a number of priority edu- Labour and Social Affairs. cational action areas were established, such as Legal authority is provided by the Juzga- those characterized by high rates of illiteracy, dos de Menores, the new Juvenile Courts which failure to attend pre-school education, poor aca- are part of the Judiciary. The 1985 Constitu- demic standards, drop-out from basic schooling, tional Law on Judicial Authority, in conformi- failure to attend secondary school and drop-out ty with the Constitution, reserves the admin- from grade one vocational training. istration of justice to judges and magistrates of The Autonomous Communities’ role as the judicial branch alone, and thus does away the new agents of social policy in general and with any special jurisdiction. This Constitu- action in favour of deprived children in partic- tional Law repealed the Tribunales Tutelares de ular, gave them one potential advantage and Menores, the former juvenile courts, and one potential disadvantage. The advantage replaced them with Juzgados de Menores which was their ability to develop new programmes are almost exclusively entrusted with judging and services in response to the specific prob- cases of “juvenile delinquency” (crimes and lems of each region and in keeping with local misdemeanours). laws and resources. The disadvantage was the According to Dolz Lago, a Juvenile Prose- fact that they had to construct an institutional cutor, the entry into force of the new law on the Criminal Responsibility of Minors in 2000, 48 Second final provision of the Law on Criminal put an end to the temporary nature of the posi- Responsibility of Minors. tion of the Juzgados de Menores, that had been 49 Third final provision, 2nd paragraph and 4th supple- established by the 1985 Constitutional Law on mentary provision of the Law on Criminal Responsibility of Minors. Judicial Authority (arts. 96 and 97). It is envis- 50 Art.1 of the Law on Criminal Responsibility of Minors. aged that “Juvenile Sections be established in 51 Dated 27 April 1983. THE CASE OF SPAIN 47 structure from scratch or, at the very best, from available, such as the provision of services by scattered, heterogeneous and inadequate districts (comarcas), the establishment of asso- resources. ciations among various municipalities in order Some Communities have moved quickly to to manage these services jointly or the direct draft laws on child protection, including Cat- delegation of authority and resources from the alonia and the Basque Country – the first Com- Autonomous Community level. munity to approve its Statute of Autonomy in Some Autonomous Communities such as 1979. This gave it exclusive responsibility for Madrid, Murcia, Navarre and Castille La Man- social care, youth and public child-care and cha delegate more functions and resources to protection institutions. In 1981, central govern- the municipalities than those already required ment child-protection services were transferred of them. In the case of Navarre, for example, to the Catalonia administration. By 1995, the municipalities are responsible for day nurs- Autonomous Community of Catalonia had eries, children’s family homes and youth clubs. adopted its own child protection law, one year In Murcia, municipalities are only responsible before the national law on Legal Protection of for social services when their population Children was enacted. Most other Autonomous exceeds 20,000. Communities did not develop a system of The Basque Country and Catalonia leave child-protection policies until the 1990s. less scope for the initiative of the municipali- The Autonomous Communities act as ties, though they emphasize the importance of public bodies regulating and coordinating all decentralizing services and primary care man- matters concerning child policies, apart from agement. Only Castile La Mancha and Madrid the actions of the Juzgados de Menores and the actively involve their municipalities in the powers attributed to the General Directorate general planning of the region’s social services. for Social Action, Children and Families. It is clear that the principles of decentralization and strengthening of basic services has 2.5.6 Trends in municipal policies created a wide range of situations and The basic guidelines for the provision of coor- responses in terms of municipal responsibility. dinated and equal care to children and their The most ‘fashionable’ example of social ser- families at the municipal level must be in line vices sees municipalities as the focal point of with the applicable legal provisions, particular- public initiative, linking to district or neigh- ly Constitutional Law 1/96 on the Legal Pro- bourhood urban centres or ‘Basic Units’ tection of Children, the Law of Civil Proce- (Unidades Básicas) in the case of rural areas. dure and the various Autonomous Laws These must be multi-functional to deal with covering these issues. Another key reference is the problems that arise in the area they cover, the 1985 Basic Law on Local Government (Ley referring cases they are unable to handle to de Bases del Régimen Local), which defines more specialized services. municipalities as, “the basic local unit of the Current laws, in harmony with the findings territorial organization of the State.”52 Munici- of social studies, tend to direct systems of pro- palities are responsible for, “the provision of tection towards developing support pro- social services and social promotion and reinte- grammes for any family in a situation of diffi- gration.”53 However, only municipalities of culty or conflict, and to promote and support over 20,000 inhabitants are obliged to provide the maintenance of children in their own fam- social services, including those for disadvan- ily and social surroundings. taged children. The social services are the main reference This means that only 252 town councils point and fundamental element in social pro- (out of a national total of over 8,000) have an tection and care systems as they are entrusted obligation to provide these services. And this with these tasks. The multi-disciplinary does not mean that all 252 comply with that obligation. 52 Art 11.1 of the Basic Law on Local Systems. There are, of course, alternative methods 53 Art 25.1 K of the Basic Law on Local Systems. 48 CHILDREN IN INSTITUTIONS: THE BEGINNING OF THE END?

approach adopted for children and their fami- and social needs and ensure balanced lies at social services level is structured around development. the model of pyscho-social intervention. ● Care: in cases of lack of social protection – The main aim of this approach is to improve any situation in which children are deprived the quality of life and the social welfare of indi- of the physical care and affective attention viduals, groups or communities which make up they need for normal development. Lack of the social fabric. In order to achieve these goals, social protection constitutes a risk and caus- a number of methods are available, which can es vulnerability. be described as: preventive action, positive or ● Return: children who have been separated dynamic action and integrated action. from their family and community environ- Children have a number of basic physical ment must be helped to become part of and social needs that must be satisfied for them again. them to develop fully and freely. Before taking effective action on behalf of children, it is essential to first establish what it 2.6. CONCLUSIONS is that they actually need, and just how these The process of deinstitutionalization must go needs relate to those of families and communi- hand in hand with a Family Support policy and ties. The EFFOS study on children and fami- be backed by a Childhood Policy as a Govern- lies in Madrid,54 published in 1990, aimed to do ment priority. Such policies would constitute just that, and the findings can be summarized an important foundation for achieving compre- in the table below. hensive preventive action. An analysis of these needs allows interven- In Spain, the basis for such wide-ranging tion to be directed towards prevention and policies lies in the Constitution, and the devel- family and community support. Social services opment of a democratic system over the last 20 providing child and family care will act on three levels: ● Prevention: providing children, families and 54 Programa de Estudios y Formacion en el Ambito de la Cooperacion Social – EFFOS (Programme of Studies and society with basic inputs and resources to Training in the Area of Social Cooperation) for the Social satisfy physiological, cognitive, emotional Services Department of the City of Madrid 1990.

BASIC NEEDS

OF CHILDREN OF FAMILIES OF THE COMMUNITY Being respected as people and A stable environment in which Infrastructure and facilities. seeing their rights recognized. to live together. Financial support and An adequate home environment A minimum guaranteed level services focusing on in which their basic affective and of resources (economic, housing, relational issues, living educational needs are met. schooling, training, culture) together and participation with which to guide in a spirit of solidarity and Completing their process of the educational process social cooperation. socialization in their social and of their children. school environments. Institutional support to the Respecting the family’s rights, associative social fabric Leisure time. while ensuring those of the inherent in the community. Protection against aggressive children and the identity circumstances in their surroundings. of each member of the family. Receiving adequate care Institutional or community in the case of special situations support to delegate responsibility of sickness or limitation. sporadically or continually. THE CASE OF SPAIN 49 years, with its framing of welfare state policies, damental in reducing the number of young has included action on child-related policies. people who are exposed to the possibility of a However, this does not mean that the child future of crime as a result of family destabi- protection system is perfect. The system is lization and conflict which are often the cause well-established, but available resources need of such conduct. to be better targeted and used. It has, in fact, often been recognized that Even though urgent cases remained the prevention is the best way to address this drift, priority, the child care system has gradually allowing many vulnerable children and young generated a comprehensive approach to child- people to achieve social integration and open- related policies. This is essential for the ing up normal opportunities. However, not achievement of the main goal: to expand the enough has been done to provide resources protective system into a more ambitious and and plan preventive activities that correspond comprehensive prevention and development to the size and importance of the problems. policy aimed at all children. This would go Far-reaching initiatives to prevent, detect beyond the idea of children as objects to be and respond to situations of social risk and protected, taking a holistic approach to every conflict should include educational cam- significant aspect of child development. paigns. This is feasible through the use of the It is obvious that broken homes, failure at educational, health and social services whose school, drug or alcohol addiction and other staff, if properly trained and resourced, can risky behaviours are often inter-related phe- identify cases of maltreatment and conflict nomena, creating a vicious circle of family situations. breakdown and loss of opportunities for chil- Programmes for families in critical situa- dren and youngsters. tions should include home help services to Such situations are closely associated with prevent problems developing into crisis situa- difficult living conditions, a build-up of social tions. Severely disadvantaged areas need spe- and economic problems in families and, above cially-designed plans and specially-adapted all, with an urban environment characterized resources to help the population, particularly by general decay in living conditions or, at the children and young people, recover opportuni- very least, by low incomes and poor facilities. ties that are currently denied them by the mar- At times, such an environment creates real ginalization that affects their everyday life. ghettos, as a result of discrimination against Immigrants, who often live in such margin- immigrants or other ethnic groups. al areas, need social integration programmes Preventive action must address the popu- that recognize their specific situation and their lation in general and children and youngsters special problems. in particular, backed by respect for the rights Stronger preventive policies will help to of children. Tolerance and understanding of stem the flow of children requiring the atten- the forms of conduct connected with these age tion of the child-protection system. The sys- groups are factors for social cohesiveness, tem has been updated significantly and has which is also promoted by parents and institu- been developed within the new framework of tional staff adopting and conveying an attitude recognized children’s rights. Despite these of responsibility to children, which requires achievements, it is still necessary to improve them to exercise a normal degree of authority the extent, depth and quality of organization within the respect of the rights of children and of available resources. The following issues young people. A family-support policy and a should be addressed: global policy for children are in themselves an 1. Diversifying services: diversification is nec- extremely important foundation for achieving essary because of the complexity and vari- global preventive action. ety of the situations of the children and However, this global policy also needs to adolescents requiring assistance. This include programmes to prevent addiction- diversification must go hand in hand with related or conflictive conduct, which are fun- less emphasis on residential centres and 50 CHILDREN IN INSTITUTIONS: THE BEGINNING OF THE END?

more on services linked to the outside dren in difficult situations requires mea- social support network. sures to address the uncertainty practitioners are confronted with when making deci- 2. Redesigning foster care involving: sions. It is essential to establish ● Improving selection of foster families. coordination mechanisms to reduce the use ● Optimizing the monitoring of foster place- of resources and increase their effectiveness ments, and providing greater technical by ensuring the provision of integrated care and financial support to foster families. by the various services involved. In order to ● Establishing new forms of foster placement, achieve this it is important to: including professionalized, remunerated, ● Improve decision-making criteria in criti- temporary and special placements. cal areas of the system, such as liaison ● Adopting a more systematic approach in between primary and specialized ser- assessing and supporting extended-fami- vices, separation of children from their ly placements with specialized teams for biological families, foster or residential selection and follow-up. care and family reintegration. ● Improve coordination with the normal 3. Improving inter-country adoption proce- network of services and local resources in dures: the growth in intercountry adoption detecting, notifying, investigating, evalu- requires improved selection procedures to ating and responding to cases. Improving address the needs of the child caught in a the sharing of records between practition- three-fold process of family, geographical ers and social services would be a priority. and cultural estrangement and to guarantee ● Assist children who have lived in residen- the suitability of the adoptive families. tial centres up to the age of 18 to become independent through support and moni- 4. Co-ordination and the reduction of uncer- toring programmes to help them find tainties in decision-making: action for chil- employment and housing. THE CASE OF SPAIN 51

REFERENCES

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Gaitan, L. (1999), ‘El espacio social de la Infancia’, Serie Investigación Instituto Madrileño del Menor y la Familia, Consejería de Sanidad y Servicios Sociales, Comunidad de Madrid, Madrid. Garcia Padilla, M. (1990), ‘Historia de la Acción Social, Seguridad Social y Asistencia 1939-1975’, Historia de la Acción Social Pública en España, Ministerio de Trabajo y Asuntos Sociales, Madrid. García Villaluenga, L. (1997), El Derecho y los Servicios Sociales, Editorial Comares, Granada. Gónzalez León, C. (1995), El abandono de menores en el Código Civil, José María Bosch Editor, S.A., Barcelona. Lopez Keller, E. (1990), ‘Hacia la quiebra de la mentalidad liberal: las resistencias al cambio’, Histo- ria de la Acción Social Pública en España, Ministerio de Trabajo y Asuntos Sociales, Madrid. Mato, J. (1998), ‘La protección a la infancia en España’, Madrid (unpublished document). Melendro, M. (1998), ‘Adolescentes protegidos’, Serie Investigación Instituto Madrileño del Menor y la Familia, Consejería de Sanidad y Servicios Sociales, Comunidad de Madrid, Madrid. Méndez Pérez, J. (1991), El acogimiento de menores, Editorial Bosch, Barcelona. Ministerio de Trabajo y Asuntos Sociales (1998 and 1999), ‘Estadística Básica de Protección a la Infancia’ (EBPI), Boletines nº 0 and 1 Subdirección General de Programas de Servicios Sociales, Madrid. Morente Mejías, F. (1999), ‘Sobre los perjuicios de la atención institucional en la infancia vulnerable’ in I Jornadas de Protección al Menor en España y su Proyección hacia Iberoamérica, Madrid. Pantoja García, F. (1997), Algunas notas y comentarios a la Ley Orgánica de Protección Jurídica del Menor y su Aplicación Práctica, Ed. Colex, Madrid. Rodriguez Cabrero, G. (1995), La política social en España, C.S.I.C., Madrid. Rodriguez Castedo, A. (1982), ‘Servicios para el sector de Infancia y juventud desde la Administra- ción Pública’, Menores Marginados, Cuadernos de acción social nº 9, Secretaría de Acción Social del PSOE, Madrid. Sanchez Marin, J.J. (1998), ‘Una reflexión sobre la infancia’, Madrid (unpublished document). Therborn, G. (1993), ‘Los Derechos de los niños, desde la constitución del concepto moderno de menor: un estudio comparado de los países occidentales’ in Moreno L. (ed.) Intercambio social y desarrollo del bienestar. C.S.I.C., Madrid. Varela García, C. (1997), ‘Comentarios a la Ley Orgánica 1/1996, de 15 de enero, de Protección Jurí- dica del Menor: principios programáticos y normas en conflicto’, Actualidad Civil, Madrid. Vilar Badia, R. (1986), ‘La jurisdicción de menores en la Ley Orgánica 6/85 del Poder Judicial’, Menores nº 11 Enero-Febrero 1986, pp. 22-29, Madrid. Wintersberger, H. (1994), ‘Costs and Benefits - The Economics of Childhood’ in Qvortrup J. et al., Childhood Matters, Avebury, Aldershot. PROTECTION OF CHILDREN’S RIGHTS AT THE LOCAL LEVEL IN ARGENTINA. THE CASE OF GUAYMALLÉN: A MODEL UNDER CONSTRUCTION*

3.1 THE INSTITUTIONALIZATION the federal authorities are unable to measure OF CHILDREN IN ARGENTINA its extent in a homogeneous fashion. Historically, in Argentina, the approach to child rights has been dominated by the idea 3.2 GOING BEYOND that poor families were incapable of giving THE LEGAL FRAMEWORK: their children an adequate upbringing. As a FROM THE AGOTE LAW result, legal frameworks similar to those devel- TO THE CONVENTION oped in other countries were developed, with so-called "laws on abnormal situations", which The United Nations Convention on the led to the shaping of childhood welfare poli- Rights of the Child (CRC) was ratified by the cies that were both paternalistic and part of a Argentine Congress in 1990 and incorporated system of patronage.1 Implicitly, these legal into domestic law. In 1994, the Constituent frameworks also laid the blame for the situa- Convention enshrined the CRC within article tion on the families involved, often resulting in 75 of the new Constitution of the Argentine the separation of children from their parents Republic. and their placement in some form of institu- Prior to the ratification of the CRC, the law tion, whether they were large-scale orphanages that governed relations between children and or smaller homes, substitute families, external the Argentine State was Law 10.903, also foster-, community- or family homes. called the Agote Law, or the Law on the However some signs of change have begun Patronage of Minors, which is still on the to surface in recent times and there has been a statute books today, despite its conflict with switch from large-scale residential facilities, the CRC. This national basic law was enacted and other “more humane” forms of institution- in 1919 and is a clear example of the so-called alization, towards an emphasis on integrating "laws on abnormal situations". children with their families and communities. This was a national law which, in line with The new approaches that are being formu- the Federal nature of the Republic of Argenti- lated and developed make it possible for fam- na, does not address the specific issues of child ilies to be strengthened and for families and protection, a responsibility which is held by communities to be empowered. One direct the provincial authorities. However, when consequence has been the deinstitutionaliza- provincial laws established the bodies respon- tion and de-judicialisation of children. sible for these issues (Direcciones or Consejos) Despite this positive trend, the institution- and laid down specific procedures, they fol- alization of children in Argentina is still a real- lowed the pattern of the Agote Law and repro- ity, and one for which no official statistics are duced its general philosophy. available. One of the reasons why there are no national data concerning the situation in the *Based on Gestión de Politicas para la Protección Integral various provinces is that Argentina is a federal de los Derechos de Niñas, Niños y Adolescentes. Un Modelo en Construcción, Buenos Aires, UNICEF 1999. state and child protection has been allocated to 1 García Méndez, Emilio: Infancia, de los derechos y de la provincial executive authorities and as a result justicia, Editores del Puerto, Buenos Aires, 1998 54 CHILDREN IN INSTITUTIONS: THE BEGINNING OF THE END?

Under the effect of these laws, child pro- isation of child offices or councils acting on tection in Argentina was shaped around the behalf of the provincial authorities. In laws notion of “abnormal situations” in open con- based on the principle of comprehensive pro- trast with the legal principles underpinning the tection, on the other hand, decentralization is a Convention on the Rights of the Child, which priority and this is pursued by means of poli- have been termed as the doctrine of Compre- cies designed and implemented by civil soci- hensive Protection of Children’s Rights. Some ety and State at municipal level. of the major effects of this difference in As an example of the process of the move approach to the organization of child protection towards deinstitutionalization that child policies systems in Argentina are detailed below.2 are making in Argentina as a result of the influ- In children’s laws based on the principle of ence of the Convention, we outline below the abnormal situations, a vague definition is pro- experience of the municipality of Guaymallén, vided for a number of circumstances which are Province of Mendoza, from 1995 to 1999. deemed to correspond to an abnormal situation (being expelled from school, spending time on the streets, being subjected to violence at home, 3. 3 THE CASE OF 3 delinquency, etc.) In all these cases , the law GUAYMALLÉN (1995-1999) requires the State to take coercive action, essentially through the action of a juvenile judge, who 3.3.1. The situation in the province thus becomes a dominant figure with great pow- Child protection policies in the province ers over the lives of families and children. of Mendoza. The new provincial Law In this type of approach, controlling con- on Children and Adolescents duct and protecting children are combined. Shortly after Argentina’s ratification of the This conjunction and confusion of delinquen- CRC, a multi-party committee of provincial cy and abandonment, and lack of protection legislators from the Province of Mendoza can even lead to children and adolescents who began to amend the province’s child laws in have not committed any crime or whose guilt order to bring them into line with the Conven- has not been proved in a regular court hearing tion. This led, in 1995, to the enactment of the being deprived of their freedom without any first Argentine provincial law adapted to the open proceedings. CRC: the Mendoza Law on Children and Ado- With a law based on the principle of com- lescents. prehensive protection, however, a clear dis- The following are some of its most impor- tinction is made between situations where tant aspects: children’s rights are threatened or infringed ● This Law was a ground-breaking instrument and those where the criminal law has been bro- that attempted to carry out the first substan- ken. In the former case, the law guarantees, tial adaptation of the provincial political, recognises and promotes rights, which become judicial and institutional system to the pro- an obligation for families, communities and/or visions of the CRC. the State, by means of social policies without empowering any authority to undertake coercive measures restricting the rights of the chil- 2 On this point we quote liberally from the analysis made dren concerned. In this approach, judges must by Beloff, Maru, Estado de avance de la adecuación de la leg- islación nacional y provincial a la convención sobre los derechos limit their action and extend judicial protec- del niño en la Argentina. Tendencias y perspectivas, a report tion to threatened or infringed rights. As a prepared for delivery as a speech at the First Meeting of result, issues such as lack of financial resources the Forum of Provincial Legislators for the Rights of Chil- dren and Adolescents, Salta, 1998. are removed from the remit of the courts and 3 All data and comments relative to the Province of Men- thus no child can be removed from his or her doza and the experience of the Department of Guaymal- family simply for reasons of poverty. lén are taken from Konterllnik, Muñoz and Pelliza, Gestión de políticas para la protección integral de los derechos Another characteristic of the abnormal sit- de niñas, niños y adolescentes. Un modelo en construcción, uations approach is the high degree of central- Buenos Aires, 1999. THE CASE OF ARGENTINA 55

● It forced the provincial government to priori- and evaluating specific programmes. tise its human, material and financial During the years 1995 to 1999, two co-ordi- resources to achieve the aims set out in the nating units were created, resulting in the re- law. It required the State to do everything design of the functions and organizational possible to avoid actions that might threaten model of the Office: the rights of children and to guarantee that ● UCP1, the Co-ordinating Unit for Child and children be given priority attention in public Adolescent Programmes (Unidad Coordi- services and in the design and implementa- nadora de Programas de Niñez y Adolescencia), tion of social policies. maintains the functions of custodial bodies ● One of its features was to make tools avail- and manages a network of centralized pro- able for the implementation of these rights, grammes. These programmes deal with historically denied to children from poor judicially-derived cases: shelter homes, families. Article 10 of the Law is clear, "The small homes, caregiver families and juvenile fact that parents may suffer from a lack of offenders from COSE, the Centre for Social material resources ... shall not be a sufficient and Educational Guidance for Juvenile reason for a child or adolescent to be sepa- Offenders (Centro de Orientation Socioeducati- rated from his or her family group ...". va para adolescentes infractores de la ley penal). ● Another fundamental aspect of the Law ● UCP2, the Co-ordinating Unit for Family Pro- relates to the administration of juvenile jus- grammes (Unidad Coordinadora de Programas tice – so often a factor in child institutional- de Familia), establishes a new style of public ization. The clear distinctions established policy that is preventive and promotional in about the role of judicial bodies make it pos- nature. This unit provides support to families sible to end the confusion between aban- to improve their ability to raise their children. donment and delinquency and between It is also responsible for the decentralization child-victims and child-offenders. It also of child-related promotional and preventive deprives the juvenile judge of an all- programmes and for the protective measures embracing scope of action and the power to outlined in the Mendoza Law. order similar responses to children affected by conditions of poverty and children who Limitations of the Province of Mendoza Law on have broken the law. Children and Adolescents ● The Law promotes decentralization of child Despite the significant progress achieved, the policies, which are basically seen as depen- implementation of the provincial law continued dent on the combined efforts of government to encounter difficulties and stumbling-blocks. and civil society. A far-reaching process of social and institutional change was required, and this was ham- New institutions to design and implement child- pered by delays in the implementation of the related social policies provincial law because of lingering institution- One of the measures envisaged by the new al, administrative and judicial approaches Mendoza Law is the establishment of new insti- based on a pre-CRC outlook, particularly in tutions to design and implement social policies. relation to changes required in the administra- First, it provides for the establishment of a tion of justice. Provincial Council for Children and Adoles- cents (Consejo Provincial de Infancia y Adolescen- 3.3.2. The situation in the Municipality cia), responsible for designing and co-ordinat- of Guaymallén ing child-related social policies. The Council is The geographical, economic and social a forum for deliberation, discussion and liaison. characteristics of the Province of Mendoza Second, it updates the functions of an Guaymallén is the most highly-populated existing institution, the Office for Children municipality in the province of Mendoza, with and Adolescents (Dirección de Niñez y Adolescen- a population of around 220,000 in 1994, repre- cia), entrusted with developing, implementing senting about 15 per cent of the total popula- 56 CHILDREN IN INSTITUTIONS: THE BEGINNING OF THE END?

tion of the province.4 Its proximity to the capi- established its Council for Children and Ado- tal city means it can easily access the services lescents (Consejo Comunal de Niñez y Adolescen- available there. cia). Still evolving today, the Council was orig- Guaymallén has many industrial and com- inally established to promote and bolster the mercial premises, including a bus terminus rights of children and adolescents through linked to a commercial centre and a fruit and community organization, aiming to provide vegetable market – places where a significant policy linkages between Government and civil number of children and adolescents work in society on a consensus basis. To achieve this, it conditions which often constitute outright needed to generate policies to promote the exploitation. The area produces olives, overall development of children, adolescents almonds, grapes and plums and its local indus- and their families, and to link related try includes over 100 wine producers and many approaches adopted by various sectors in the food-processing plants. community. These included areas such as There are three hospitals and in 1994, health, education, social development and jus- almost 60,000 children were enrolled in its 55 tice. However, the general lack of experience primary and 13 secondary schools. More than in such inter-institutional relationships has one third (37 per cent) of the population are hampered the efforts of the Council and there under the age of 18. Of these only 7 per cent is a need to review and re-define its role. To live in rural areas. More than half5 of those achieve its aims, the Council attempts to: under the age of five, and one third of those ● Explore and guarantee inter-institutional partner- aged six to nine, are thought not to have access ships (with government institutions, NGO’s, to the basic requirements needed for their companies, trade unions and others); well-being.5 ● Promote training, dealing with task-management between Council members and ser- Children in institutions vices, and mobilising institutions to make When activities to protect children’s and ado- sure the law is truly enforced; lescents’ rights began, there were no sound ● Develop criteria on respect for children’s rights; data available on cases of institutionalization. ● Disseminate the principles of Comprehensive Information was only available in aggregated Protection; form for the province as a whole and it was ● Include the voices of children and adolescents and impossible to obtain data broken down by promote their participation. individual municipalities. A diagnostic survey conducted in 1995 The work of the Council for Children and found that 192 children and adolescents were Adolescents has had to face the difficulties in institutions. Their placement had generally characteristic of inter-institutional approaches been ordered by the courts, without any where organizations are unaccustomed to this involvement on the part of the municipality, kind of procedure and cooperation. As a result, and the main reasons for the decision were it is a structure which is still under construction. family or financial problems, crimes against children and crimes committed by them. ODDNA- The Office for the Defence of the Rights of Prior to these new activities, the Municipal- Children (Oficina de Defensa de Derechos del Niño ity had no specific scope for child- and adoles- y el Adolescente): features and achievements cent-related policies. Policies to promote child The Office was established in February 1996, and family welfare had been directly managed following a survey of the situation of children by the provincial government with very little and adolescents and as a result of inter-institu- participation on the part of the municipalities. tional participation in the Municipal Council

The Municipal Council for Children and Adolescents 4 According to the 1994 Economic Census. (Consejo Comunal de Niñez y Adolescencia) 5 According to data of the Programa Materno Infantil y In 1994, the Municipality of Guaymallén Nutrition. THE CASE OF ARGENTINA 57 for Children and Adolescents. Various sectors the children and adolescents of Guaymallén, of the community requested a new body with- without any discrimination. in the Municipal Executive to implement programmes for children and adolescents. Its main goal, to protect the rights of chil- The main role of ODDNA is to co-ordi- dren, is supported by such mechanisms as the nate, combine and utilize provincial and Service for Protection of Rights (Servicio de municipal resources available in the institu- Protección de Derechos), and by specific pro- tions and the community in response to situa- grammes to ensure that children and adoles- tions where children’s rights are under threat. cents are covered by social policies and that It provides a forum where the voices of they remain in, or return to, their home areas. local children and adolescents are included in In performing this task ODDNA abides by the evaluation of the activities conducted. All four main principles: of ODDNA’s activities are characterized by the ● Participation of children and adolescents in fact that children and adolescents are seen as the decisions affecting them; fully-entitled individuals. In practice, this ● Acknowledgement of the potential and translates into their active involvement in capacity of poor families to care for and pro- seeking a solution to the problems they face, tect their children; with attention and consideration given to the ● Strengthening of families through actions opinions they express. and services that recognise their value in Not only do children and adolescents take relation to local institutions; part: it is also considered essential that the fam- ● The promotion of responsibility in each of ily and the community participate in resolving the institutions involved in the rights of chil- situations where rights are jeopardised, so that dren and adolescents, so that new social, in all cases there is a shared responsibility institutional and community outlooks can be between family, community and State. This pursued. goal is in line with the spirit of the CRC, generating a conceptual change in the way the Frequent problems that ODDNA deals State and individuals view adults and children. with are exclusion of children from school; The ODDNA ‘Team’ consists of a group children not attending school; violence in the of practitioners from a number of areas, includ- family; children and adolescents charged with ing law, social work, psychology and those with offences; child labour; unidentified children; professional experience in dealing with child discrimination against children from poor and adolescent-related issues, creating an neighbourhoods; under-nutrition and adoles- extensive pool of know-how. These practition- cent pregnancy. ers are not decision-makers – they are facilitators. They base their work on the understand- Functions of ODDNA ing that nuclear and extended families have ● Promoting the establishment and reinforce- the capacities and the potential to ensure their ment of channels and spaces that allow chil- children’s well-being. dren to participate in the planning process; ODDNA works to change the logic and ● Creating and strengthening inclusive strate- practices of existing institutions, identifying gies to ensure that children and adolescents and eliminating failures in services and estab- are reached by the services provided lishing the conditions whereby all the children through general social policies; of Guaymallén may be guaranteed their rights ● Guaranteeing legal and social assistance to as specified by the CRC. This means: children who have been victims of a crime; ● Managing intervention to stimulate changes ● Guaranteeing legal and social assistance to in institutional outlooks and practices; children who have been accused of a crime; ● Identifying gaps and helping to bridge them; ● Strengthening the active role of the family in ● Helping to remedy weaknesses; the upbringing and development of children ● Supporting effective access to all rights for all and adolescents; 58 CHILDREN IN INSTITUTIONS: THE BEGINNING OF THE END?

● Planning, combining and coordinating actions in Once a case is analysed in terms of an the various branches of the Municipality deal- endangered or infringed right, action is taken to ing with related issues. ensure that this right is fully exercised through measures including legal assistance, direct care, Organization and areas of activity of ODDNA monitoring the case through the Service for the ODDNA has two interrelated operational Protection of Rights (Servicio de Protección de thrusts: direct action and indirect action. Derechos), implementing the Programme for Direct action deals with the implementation of Family Reinforcement, awareness groups. protective measures – measures carried out In order to undertake these actions, the with children and adolescents whose rights are Office established a Service for the Protection threatened, and with their families, in cases of Rights and a number of interconnected pro- such as violence within the family or exclusion grammes. In both cases, the aim is to ensure from the school system. These measures aim that children are covered by basic social poli- to ensure that children enjoy basic social rights cies within their family and community envi- such as health care, education and the ability ronments. The difference between the two to live with their families, if they have been approaches is that the Unit works with indi- deprived of these rights, or are in danger of vidual cases, whereas the special programmes being deprived of them. deal with groups of children with similar situa- Such a process requires complementary tions so as to restore them to their basic areas measures in the area of indirect action. This of socialisation. refers to areas of provincial responsibility (in The Service is a key structure inside particular, health, education and justice) where ODDNA and responds to requests for action. the municipality can only try to influence local These requests may come from institutions implementation of these policies through vari- providing services to children and adolescents ous institutions (schools, health care centres (schools, health-care centres, NGO’s, etc.), or and family and criminal courts for children and from children and adolescents themselves, or adolescents) in order to: from their families. ● Reverse the exclusion of children and ado- The main thrust of its activities is to inter- lescents from the services provided; vene in situations where rights are threatened ● Avoid institutionalization for reasons of or infringed using early warning systems and poverty; making use of trained community-based ● Avoid early entrance into the labour market, agents (rights-advocacy workers) in interven- with the aim of eliminating child labour. tion strategies. 3.3.3 The Service for the Protection Structure of ODNNA’s working team of Rights and the Prevention The team was established to address the need of Institutionalization to combine a number of areas of expertise: law, social work, psychology and field experience One of the tasks of the Service for the Protec- with child-related problems. tion of Rights is to ensure that children remain It should be stressed that the team mem- with their families and in their communities bers are not decision-makers, but rather facili- and to avoid coercive action on the part of tators recognising that nuclear and extended courts leading to institutionalization. families have the abilities and potential to If, for example, the Service is confronted ensure their children’s well-being. with the case of a child or adolescent running away from home, it will mobilise resources and ODDNA’s Service for the Protection of Rights implement strategies to bring that child or ado- (Servicio de Protección de Derechos) lescent home or allow him or her to re-define ODDNA deals with varied situations, but its their situation outside the family in a clear and response to these generally has the following responsible way (since in some cases the child characteristics: or adolescent may have run away from home as THE CASE OF ARGENTINA 59

a result of having suffered violence or abuse and ● Provide alternatives to institutionalization there may be no way for a return to the biologi- with the participation of children and fami- cal home to be made) without this causing the lies and making use of inter-institutional loss of affective or community bonds. agreements; In these cases the child or adolescent is ● Provide legal representation for adolescents contacted, the family is interviewed and an who have broken criminal laws; attempt is made to solve the problem by clari- ● Present requests to courts for judicial protec- fying the issues in the conflict before a report tion of rights whenever necessary. is made so as to give priority to the well-being of the child or adolescent and the protection of Designing and implementing social strategies, his or her rights. which requires the following: When it is not possible for the child or ● Network activities to strengthen families and youth to return to the family immediately, their integration within the fabric of the temporary placement with a support family is community; sought to provide the child or youth with a ● Co-ordination with intermediate institutions home for the duration of the process. to establish a new outlook and construct new approaches to rights-infringement issues; Goals ● Actions geared towards identification and ➣ To seek effective procedures and ways of promotion of the ‘potential’ of families and implementing the rights of children in cases communities with a view to strengthen fam- where they are endangered or infringed. In ily bonds, and consequently further the doing this, special emphasis is given to the development and maturation of the child; willingness and the right of all individuals – ● Institutional interventions: problem-identifi- including the child or adolescent involved – to cation and the establishment of agreements find their own solutions to their problems and with schools, community organizations, to participate actively and assertively in defin- health-care centres and others providing ser- ing any action relating to them. vices to children to fill the gaps and correct ➣ To establish a community network to pro- the failures that cause exclusion from the mote the development of these procedures coverage of basic social policies. and mechanisms, to combine various areas of knowledge and ensure ongoing institutional Operational strategy coordination. Interdisciplinary work ➣ To provide free multi-disciplinary legal and An interdisciplinary strategy ensures an approach social assistance to children and adolescents that confronts the individual, intra-family, com- who are victims of offences or are accused of munity and institutional factors behind the committing offences. threat to or infringement of rights and allows ➣ To reinforce family environments, extend- identification of the human and institutional ed families and communities as the natural set- resources required to protect these rights. tings for care and protection of children. The Service employs psychologists, social ➣ To aid families to perform their functions in workers and lawyers. The use of lawyers, which bringing up children. is not very common in child-related social work, is due to the focus on children as indi- Functions viduals endowed with rights and not as objects Legal representation and counselling which is to be protected. Their main tasks are to: provided so as to: ● Train the rest of the team to distinguish ● Seek solutions to social conflicts outside between problems which are solely social courts whenever possible; and those which involve legal conflicts; ● Promote access to justice whenever legal sit- ● Represent individual cases and advocate the uations require this: e.g. guardianship, cus- respect of the child or adolescent’s right to tody, etc.; be heard in all judicial procedures; 60 CHILDREN IN INSTITUTIONS: THE BEGINNING OF THE END?

● In civil proceedings, seek out-of-court agree- This definition led to the establishment of a ments with the support of the rest of the new way of operating, which implied a new out- team and apply for their judicial recognition; look and the overhauling of previous practices. ● In criminal procedures, represent cases, This began with a diagnostic survey of the ensuring that guarantees are implemented global situation of the child. Based on its find- and that the trial complies with the provi- ings, a number of agreements, adapted to meet sions of Art. 40 of the CRC. changing circumstances, are drawn up between the various actors involved. The ser- There are certain skills required of every vice is not conceived as a fixed institution, it team member in addition to their professional develops according to the new forms of inter- abilities, including: vention applied and thus continually reviews ● An understanding of institutional resources the models it adheres to, clarifies the initial and an ability to link them to the interven- assumptions and establishes new measures to tion strategy; supplement existing ones. ● Relating to children and youths as individu- The Service for the Protection of Rights als with full rights; has defined three contact circuits to ensure the ● Making their presence felt in a proactive effectiveness of rights to health, education, and productive manner to help resolve the physical, social and psychological integrity and problem; guarantees. ● The ability to discover, develop and mobilise non-conventional resources; Outreach: rights-advocacy workers ● The ability to use creativity as a technical The operating strategies described cut across tool in every situation. programmes and services and basically involve the community through rights-advocacy work- Contact circuits (Circuitos de abordaje) ers, so as to extend the protection service and A ‘contact circuit’ is the series of institutions reach out into the community in a more effec- and processes that accompany the growth and tive and efficient way. development of the child or adolescent. Action The work of the rights-advocacy workers is is taken along this path to change the way based on the notion that if the CRC is to have institutions operate and to achieve compre- a positive impact on the lives of children, it hensive care with clear agreements covering must become part of the common conscious- the approach to each situation. ness of individual adults and the community. A ‘circuit’ is not a rigid and fixed structure, Rights-advocacy workers are trained to but is constantly modified and reformed as become part of the community, co-ordinate new actors become part of the process. community resources and participate in the The term ‘circuit’, describes the situation following tasks: when a child’s rights are threatened or ● Modification of community practices which infringed: first it is necessary to identify who is threaten and infringe rights, using the Con- at the root of the situation (mother, father, vention and the Doctrine of Comprehensive school, health centre, etc.) and who should Protection as frameworks; protect the right and avoid future infringe- ● Promotion of a basic understanding at comments. Once these two parts of the equation munity level of the features of the CRC and have been identified, one can construct clearly the Comprehensive Protection Approach defined spaces involving the child, the family and their links with human rights; and the community referents and institutions ● Acting as facilitators in situations where chil- involved. Within these spaces agreements are dren’s or adolescents’ rights are threatened made to define the responsibilities of those or infringed; involved, the aim of the action, and the strate- ● Being active parties in defending, promot- gy to be put in place. ing and protecting rights; THE CASE OF ARGENTINA 61

● Acting as reference points within communi- The programmes carried out in the years ties by establishing adequate methodologi- 1995-1999 included: cal resources; ● Programme of family reinforcement; ● Supporting families in strategies to restore ● Programme to eradicate child labour; rights. ● Programme for youngsters who have broken the law; This outreach strategy on the part of ● Programme to reinforce social fabric – Rights Advocacy Workers is carried out in par- ‘Interrelating our stories’; allel with the care provided by the officers of ● Programme of workshops to produce radio the Service for Protection of Rights at commu- broadcasts – ‘Speak Out for your Rights’. nity level.

6 Development Programmes: general characteristics 3.4. CONCLUSIONS The implementation of programmes directed The best part of this experience has been to at groups of children and families, rather than see something that was just a dream a few individuals, also provides a support network years ago become a reality. The way people for the Service for the Protection of Rights. looked at children and adolescents and dealt These programmes relate to various articles of with them was transformed and they began to the CRC and attempt to respond to the mea- be respected as individuals endowed with sures established by the provincial law. One of rights. However, a number of lessons have the main aims of this activity is to reinforce the been learned, and a number of challenges have relationship established between children and been raised. adolescents and community institutions. The Municipal Authorities discovered The programmes are designed to help chil- how many opportunities for action were avail- dren and adolescents who are having problems able at municipal level, and that these could gain access to basic social services and justice be generated through political commitment on an equal footing with other children in the and social mobilisation. However, the experi- Department of Guaymallén. They also aim to ence also highlighted the limitations faced by keep children and adolescents at school and municipal authorities in the dynamics of within their family and community environ- provincial policies. ments by changing the patterns of institution- Without the positive support of the al behaviour that often lead to rejection and Province in decentralizing financial resources discrimination. and administrative procedures, there would These programmes aim to: have been severe restraints on developing ● Make individual situations a part of wider strategies to support families to avoid the insti- responses; tutionalization of their children. ● Train community members to join in the It has not been possible, however, to activities proposed; achieve real coordination with the judiciary to ● Expand the space of, and focus on, children assign clear roles, de-judicialize social problems and adolescents inside social institutions. or implement a system of rights protection in line with provincial laws and the CRC. Nor has The programmes can be adapted to meet it been possible to link social policies with the any changing needs that might emerge. What administration of justice to guarantee the rights remains unchanged is the idea of training insti- of every child and adolescent in the province. tutions to modify their patterns of behaviour. This lack of coordination is responsible for The basic working principle is to identify the failure to apply safeguards of due process those responsible whenever a right is threat- established by the Provincial law for adoles- ened or infringed and to establish circuits of shared responsibility to ensure that children can return to their families and to school. 6 Conclusions drawn from Konterllnik et al., op. cit. 62 CHILDREN IN INSTITUTIONS: THE BEGINNING OF THE END?

cent offenders. It has also placed an extra bur- rights have been infringed, who do not have an den on ODDNA, which has had to build up extended family or who cannot be placed with consensus on an individual basis, child by a temporary foster family. Such resources child, case by case, institution by institution should be part of the network of services and court by court. linked to ODDNA to be established in all the However, practitioners found it possible to municipalities of the province. work with a new paradigm that challenged There must be encouragement of the cre- established knowledge and was underpinned ation of inter-disciplinary rights-protection by contemporary national and provincial legis- mechanisms to ensure legal representation and lation based on fundamental human rights. allow the establishment of emotionally sup- They also found it possible to explore joint portive networks working closely with chil- construction of responsible and sound working dren and families. This will make it possible to methods and to transfer this knowledge to de-judicialize social cases and ensure that chil- peers in other institutions. dren who have been victims of crimes will Members of the community were given receive the physical, psychological and legal the hope that there was a system on which aid envisaged in Article 8 of the provincial law. they could rely – a system that would work to The conditions of institutionalized chil- guarantee their rights and obligations. dren should be under constant scrutiny to Finally, and most importantly, children and ensure respect for their rights, protect their adolescents found a space in which they could relationship with their families and communi- express themselves freely, exercise their rights ties, and prioritise their prompt return to their and their related responsibilities and relate to nuclear or extended families. To achieve this, their own problems in terms of development it is vital to maintain links with the work con- and growth. A number of challenges remain, ducted by the municipalities. and should be addressed as a matter of There is a need for more progress in draw- urgency. ing up an institutional agreement between the main actors responsible for ensuring the rights Challenges at the provincial level of children and adolescents. These should pro- It is essential to bring the institutional reforms vide a basis to facilitate agreements to be pur- of the judicial system into line with the provi- sued and consolidated at municipal level. sions of provincial law, to ensure that the principles of the rule of law are truly extended to Challenges at the municipal level all the children and adolescents of the It is necessary to redefine the functions and province. In addition, there should be enforce- roles of the Municipal Council for Children ment of Article 184 of the provincial law, which and Adolescents and of the Office for the calls for the creation of non-custodial pro- Defence of the Rights of the Child (ODDNA), grammes for adolescent offenders. as the growth of the latter and its active stance It is necessary to redefine the child and on networking for child rights has generated adolescent sector. This means going beyond some confusion. the centralized, custody-based system with a The expansion and guarantee of inter- range of more flexible institutions that institutional links are essential, particularly respond to different types of problems, includ- with the institutions of the provincial governing cases coming from the courts. Plans are ment dealing with health-care, education, needed to move towards a new model of orga- social development and justice, with depart- nization, whereby the province maintains mental and provincial NGO’s, with various responsibility for training and supervision and municipal sectors, with employers and trade transforms centralized programmes into de- unions and, of course, with other municipali- centralized municipal resources. These could ties. More active promotion of training is be used to respond to temporary needs, in required, as well as greater linkages between emergency situations, for children whose the members of the Municipal Council for THE CASE OF ARGENTINA 63

Children and Adolescents and the local protec- to detect and monitor such cases. Further tion services. effort is needed to create an emergency It is vital to mobilise and involve institu- response system that operates around the tions in the implementation of the provincial clock, and to ensure the supervision of chil- law on Children and Adolescents and the CRC. dren’s institutions within the municipality to In keeping with the CRC, there is a need monitor respect for the rights of children. to develop criteria for the respect of child rights, particularly in relation to the supervi- Challenges at the ODDNA sion of children’s institutions. Greater dissem- programme area level ination of the principles of comprehensive pro- Further work is needed to design and imple- tection is needed to promote public debate on ment ongoing family-guidance programmes to rights violations, and more effort is needed to help them improve their caring skills and pro- find ways in which children and adolescents tective abilities. And, with the support of the can make their views known. Municipal Council for Children and Adoles- Examining the progress made by ODDNA cents and other actors, it is necessary to rein- and its Service for the Protection of Rights, force all existing programmes. This means there is a clear need for greater flexibility and implementing measures to: strength within the existing circuits and net- ● Consolidate and expand ongoing activities to works and for the further exploration of inter- keep adolescents at school and provide them ventions that lead families and institutions to with job-training; take greater responsibility for the well-being ● Involve and support NGO’s and the communi- of children. ty in the implementation of cultural, recre- As well as exploring deinstitutionalization ational and self-expressive activities with and strategies, it is important to avoid further for children and adolescents; admissions to institutions. The fine-tuning of ● Expand the supply of non-governmental care rapid appraisal tools would help in situations services for children, adolescents and families where rights are threatened or infringed and faced with problems such as abuse, maltreat- more needs to be done to train the community ment and drug addiction. 64 CHILDREN IN INSTITUTIONS: THE BEGINNING OF THE END?

REFERENCES

Beloff, Mary (1998), ‘Estado de avance de la adecuación de la legislación nacional y provincial a la convención sobre los derechos del niño en la Argentina. Tendencias y perspectivas’, a report prepared for delivery as a speech at the First Meeting of the Forum of Provincial Legislators for the Rights of Children and Adolescents, Salta, 1998. Bisig, Elinor (1996), ‘Estado de abandono: judicialización y desjudicialización’, síntesis del informe de investigación ‘Abandono de menores- condicionamientos sociales’, CONICET-CIJS (UNC). Estadísticas anuales de la corte (1993), Poder Judicial Suprema Corte de Justicia de la prov. de Buenos Aires. García Méndez, Emilio (1998), Infancia de los derechos y de la justicia, Ediciones del Puerto, Buenos Aires. García Llorente, María de los Angeles, ‘Estudio sobre el proceso de desinstitucionalización de niños en España’, mimeo. Guemureman, Silvia (1999), Información fehaciente sobre niños y adolescentes autores de delitos: insumo necesario e impostergable para el diseño de una política penal sobre responsabilidad juvenil. Konterllnik, Irene, Muñoz, Teresa and Pelliza, Cecilia (1999) Gestión de políticas para la protección integral de los derechos de niñas, niños y adolescentes. Un modelo en construcción, Buenos Aires, UNICEF. UNICEF (1992) Análisis de situación. Menores en circunstancias especialmente difíciles en la República Argentina, UNICEF, Bogotá. CHILE: THE USE OF RESIDENTIAL INSTITUTIONS AS A FORM OF CHILD PROTECTION1

Ana María Farías Antognini*

4.1 INTRODUCTION tive layer to guarantee the rights of the child. Legislation for the protection of children in Chile now has two coexisting, yet contradicto- Chile gives the State full responsibility for the ry, laws for the protection of the child: the doc- protection of any child deemed to be in an trine on the ‘irregular situation’ and the doc- ‘irregular situation’. The cornerstone of this trine on the protection of the rights of the child; legislation is the Juvenile Law (Ley de Menores)2 the latter imposes new and increased responsi- first introduced in 1928, which gives the Juve- bilities on the State concerning these rights. nile Court jurisdiction over the protection of such children. In keeping with the ideology 4.2 SENAME STRATEGIES that inspired this law, the term ‘irregular situation’ encompasses a wide variety of cases, In order to carry out its role, the SENAME including delinquency, child abandonment network has developed several strategies tar- and other circumstances where the child may geted at children and adolescents from 0 to 18 be in “physical or moral danger”. years of age as shown in Table 1. The measures applicable to each child Table 2 reveals a high level of institutional depend on the particular case, but include pro- care, which stands at 43.6 per cent of the chil- tection, control and even repression. The dren in the SENAME networks, excluding the judge decides upon the measures in a discre- preventive placements that represent 41 per tionary manner, guided by reports from techni- cent of the total. There is quite clearly a ten- cal teams who have evaluated the child’s cir- dency to place children and adolescents in res- cumstances. SENAME, the National Child idential institutions, rather than looking for Service (Servicio Nacional de Menores), which is alternative measures. a specialized body within the Ministry of Jus- According to an investigation carried out tice, normally compiles these reports. Its work by the Faculty of Psychology at the University is carried out by the SENAME network – a network of private institutions. * Historian and lecturer in Sociology. The constitutional law3 of SENAME is 1 With thanks to Carolina Stefani for providing fully intended to assist “Minors in need of schooling updated information. 2 The final text was determined by Law no. 16.618 in as well as those who are in school, whose nor- 1967 without prejudice to any previous partial modifica- mal and integral development is at risk; dis- tions introduced by other laws. playing unreasonable conduct and in conflict 3 Decree No. 2.465 dated 16 January 1979, created the ‘Servicio Nacional de Menores’ and established the text with the law”. This definition, which provokes of its constitution. legal and institutional confusion between the 4 This law in accordance with Decree 1.385 that entered social problems of children, adolescents and into force in 1980, known as the SENAME Law of Sub- ventions, regulates the transfer of funds from the juvenile deliquency has been criticized for SENAME subvention to institutions collaborating with being arbitary and inappropriate.4 the network. In 1990 a new mechanism for the transfer of When Chile signed and ratified the Con- funds was created, and to improve the quality of the existing care system a Support Programme came into being to vention on the Rights of the Child (CRC) in deal with problems of child prostitution, abuse and drug 1990, it, in effect, introduced another legisla- addiction. 66 CHILDREN IN INSTITUTIONS: THE BEGINNING OF THE END?

Table 1 SENAME Strategies Strategy Care system Observation and diagnosis ● In institutions ● For babies and infants – institutional care Protection ● Moderate protection in institutions ● In the family environment ● For children with slight or moderate mental disability in institutions ● For children with severe or very severe mental deficiency in institutions Rehabilitation ● In institutions ● Controlled liberty ● Day care Prevention ● Day care centre ● Day care centre for children with slight or moderate mental disability ● Day care centre for children with severe or very severe mental disability

Source: MIDEPLAN. Diagnostic of the simple protection system, SENAME 1997

of Chile in the context of a prevention pro- in institutions in 1995 took part in any kind of gramme, MIDEPLAN-BID,5 published in “leaving programme”. The programmes that 1997, the existing protection system failed to existed were for young people aged 18 or support family relationships. Over 72 per cent more, and aimed to help them assume an inde- of children remained in institutions for more pendent life, rather than reuniting them with than one year, and more than 33 per cent for their biological family. longer than three years. Over time, family visits tended to diminish, producing gaps and ruptures in family bonds. 5 "Diagnostic on the Simple Protection System of the In spite of Chile’s policy of deinstitutional- SENAME network", Ministry of Planning and Co-operation Santiago, Chile 1997. Investigation carried out by the ization, adopted years before, this investiga- School of Psychology, University of Chile within the tion found that only one third of the children framework of MIDEPLAN-BID.

Table 2 Number of institutionalized children in SENAME networks Care system Total places % Protection in institutions 18,100 33.2 Protection for children with slight or moderate mental disability in institutions 1,217 2.2 Observation and Diagnostic Centres 899 1.6 Transit and Placement Centres 1,657 3.0 Rehabilitation conducted within the institution 1,122 2.1 Physical rehabilitation for children with severe or very severe mental disabilities 836 1.5 Rehabilitation conducted in day care centres for children with severe or very severe mental disabilities 3,374 6.2 Physical rehabilitation in day care centres 102 0.2 Preventive placements in day care centres 22,286 41.0 Family placement 3,330 6.0 Protection for children with slight or moderate mental disabilities in day care centres 185 0.3 Controlled liberty 1,477 2.7 Total places 54,585 100

Source: SENAME Department of Planning and Evaluation THE CASE OF CHILE 67

4.2.1 Deficiencies and problems ● Insufficient judicial control of placement in the SENAME network procedures, so that the system cannot be As an auxiliary arm of the Juvenile Court, the challenged by a responsible adult or others SENAME network has separated children concerned about the situation of the child; ● from their family and their normal surround- Long periods of institutional care for chil- ings, and placed them in residential institu- dren in centres for “Observation and Diag- tions, confirming its approach to the control nosis” and “Transit and Placement”, where and prevention of crime and social deviation. few receive welfare assistance, progressing This approach is reinforced by the fact that the no further than the “transit” phase; police bring children and adolescents in ‘irreg- ● Lack of adequate response to the expressed ular situations’ before the Juvenile Courts and needs of the child and family due to the eventually to SENAME institutions. rigidity of the services offered; Indeed, prior to 1994, juvenile judges ● Lack of coordination and interaction with could send children to special sections of adult other services and social programmes con- jails as a means of ‘protection’ when there cerned with the protection, development and were no longer any places available in the social integration of children and families; institutions of the SENAME network. ● Application of informal sanctions on adoles- The changes introduced in the 90’s tended cents accused of commiting a crime (with or to replace internment measures with new without deprivation of freedom) without a alternatives for the reintegration of children verified judgment. and adolescents with their family and with society, with particular focus on the following 4.3 THE HOME OF CHRIST methods: (EL HOGAR DE CRISTO)*: ● To develop alternative measures to institu- AN INSITUTIONAL POLICY tional care, particularly for children, regard- FOR PREVENTION less of whether they were accused of an AND ENDING OF offence; INSTITUTIONALIZATION ● To gradually direct the SENAME resources towards more innovative programmes aimed “I would like to be at home with my grandparents, at strengthening family bonds and allowing my mama and my sister, all together.”6 the child access to community networks; 4.3.1 The background ● To create specialized programmes for adolescent offenders, offering them free legal The Home of Christ is a religious foundation representation; created in 1944 by Father Alberto Hurtado ● To standardize and improve the transparen- who wanted to create “a place for those who do cy of procedures for adoption; reduce fraud- not have a home”. The Foundation has a long ulent practices and the international traffic history of helping those in need and was grant- of children. ed the status of a foundation in 2000. The current mission of the foundation is: However, the lack of radical institutional and legal reforms explains the persistence of “To welcome with dignity and love the poorest of many of the traditional problems and the the poor and especially the old and destitute, those under-development of services within a sys- without a roof over their head; to support and tem that leads to abuse of the rights of the welcome the terminally ill and down and outs; to child and adolescent. Unfortunately, the welcome the many children and youth who risk SENAME network continues to be characterized by: *We would like to thank the Foundation of the Hogar de ● Excessive use of placement of children in Cristo for its cooperation, especially the Children’s Sec- tion for providing us with material and many accounts residential institutions – often a result of the that reinforced the interviews that we carried out. poverty and marginalization of their families; 6 Juan, 9 years of age, two years in an institution. 68 CHILDREN IN INSTITUTIONS: THE BEGINNING OF THE END?

abandonment, marginalization and lack of drug abuse. Here they are helped to construct opportunity, so frequent in contemporary life.”7 a life plan and to take control of their lives based on pro-social values. The same initia- After some 54 years of uninterrupted work, tives encourage the reintegration of children the Home now has a number of national pro- and adolescents with their families and schools jects covering such areas as childcare, hos- by building up social habits within a protective pices, and youth in social danger; health and environment. capacity programmes for older adults; commu- The Area Watch and Support Units orga- nity work and individual care. In total, the nize the registration and entrance procedure Home reaches more than 2,000 children and for young people from a specific area consid- youth at risk every year with a clear policy: ered to be at social risk, establishing tailored care plans and interventions for people who “We wholly welcome with love and efficiency chil- are in crisis situations. dren and youth of both sexes, who are in social In addition, there is the Legal Programme danger or in danger of being hurt; we try to instil (Programa Jurídico) offering legal advice and a process of autonomy which will allow them to psychosocial support to children and adoles- assume responsibility for their own lives.”8 cents, including those who are, or have been, deprived of their liberty, who are subject to a The programme welcomes children and penal process, or whose deprivation of free- their families whose rights have been violated, dom is illegal. The programme also provides or whose stability is at risk as a basic social legal counsel, if required, to young people group. It seeks to strengthen children and fam- enrolled in Areas of Social Risk programmes ilies, helping them to rediscover their capaci- and to their families. Finally, there is a ties and focusing on their talents and positive Helpline (Consejería Telefónica) providing sup- features. port to individuals or families who find them- It has developed three programmes. Two selves in crisis. The helpline provides imme- of these, the Family Homes Programme (Pro- diate legal advice and emotional counselling, grama de los Hogares Familiares) and the Fami- as well as suggesting steps that could be ly Placement Programme (Programa de Colo- taken. cación Familiar), help children considered to be in need of protection by the Juvenile 4.3.2 Deinstitutionalization: Courts and other institutions. The pro- background to the Home grammes also help parents who are finding it of Christ policy difficult to fulfil their role. A decade ago the Home of Christ began to The third programme, the Welcome develop new approaches, giving more control House for Women ( La Casa de Acogida de la to those enrolled in the programmes so that Mujer) aims to help children and mothers who they could create their own solutions to their have experienced domestic violence. The pro- own problems. gramme helps stop the abuse and prevents the This policy of empowerment has been separation of mother and child. Two addition- reinforced and is now integral to every pro- al programmes, the Therapeutic Communities gramme. While little development has (Comunidades Terapéuticas) and the Area Watch occurred in terms of older adults, due to prob- and Support Units (Unidades de Servicio y Apoyo lems of implementation, the Home has made al Area), are targeted at young people and ado- great progress in the programmes addressing lescents who are in difficulty. children, youth, those with disabilities and The Therapeutic Communities are non- cases of extreme poverty. Again, the ideology residential or residential support centres promoting the re-education and social reintegra- 7 See http://www.hogardecristo.cl for the mission state- tion of young people and adults of both sexes ment. who have problems such as alcoholism and 8 Ibid. THE CASE OF CHILE 69

is based on the concept that families should be concept of resilience present in Chile recently. allowed to solve their own problems. Some comments from professionals at the Within the context of a policy which began Home of Christ, participant to these new the- to emphasize the responsibility of the family ories, were diffused within the institution and towards their children, in 1994 the Home of demonstrate their influence: Christ set up an intensive programme which phased children back into their family envi- “Paternalism tends to debilitate the development ronment.9 of potential; do institutionalized children manage The work towards deinstitutionalization to completely avoid difficult situations? Simple has been a process based on internal analysis protection homes cannot replace the role of the and a complementary change in philosophy. As family, the objective is to protect and prepare the well as making use of experiences from within child for reintegration into the group of origin.”12 the institution, the Home examined innovative programmes relevant to the problems of And the following: children in the institution and their families: “In our institution we observed a certain uneasi- “We realize when children come to these homes they ness towards the need to eliminate and clarify the become more impoverished, their normal ways of risk associated with care assistance. We recognise life are lost. They are taken care of by other people, that although in many cases care assistance is nec- they lose their self esteem (...) and yet people con- essary, it is not the best way of promoting the tinue asking for help from the home. Then one says: resilience of a person.”13 one thing we did wrong – this person has no outside contact and is not able to maintain himself on The institutional programmes that began his own in the outside world.” 10 to be developed were reinforced by the methods used in Italy, where the main approach was Complementary to the internal process, based on deinstitutionalization within the the change in the philosophy of the pro- framework of the Convention of the Rights of grammes is also the result of multiple factors the Child. This is the approach that now that have influenced a lengthy process of guides the work of the Home of Christ with reassessment that is still taking place. The children and youth. guidelines for the analysis were drawn from experiences inside the homes, knowledge of 4.3.3 Current strategies for prevention programmes carried out in other countries and of deinstitutionalization other national institutes who use innovative Family Homes (Hogares Familiares) methods, as well as the social reality in which For more than 30 years the Home of Christ they work. This is reflected in the statement has conducted a Family Homes (Hogares of one of the directors in the sector working Familiares) care programme for children. The with children: programme’s main objective is:

“We had to look for different alternatives of child care (...). It is quite common that people raise not 9 Home of Christ, Children’s Section: “Evaluacíon de los only their own children but others as well, and this egreses de los Hogares Familiares ocurridos desde 1994 a 1997”, Santiago, January 1999, p. 5. idea has caught on. Also, the approaches of pro- 10 Interview with Benita Baranda, director of Social grammes used in the United States, Colombia, Assistance in the Home of Christ, November 1999. Israel and Argentina have stimulated exchange on 11 Interview with Cristobal Artega, director of the Chil- dren's Section in the Hoome of Christ, November 1999. a professional level between the Home and other 12 In Enlace Review, published by BICE-DISOP. State- international organizations.”11 ment by Juan Carlos Marquez Mora, Director of the Home of Christ, Parral. 13 In Enlace Review, published by BICE-DISOP. State- Some theoretical support for the internal ment by Samuel Munizaga, Therapeutic Community, debate derived from the development of the San Francisco de Asis. 70 CHILDREN IN INSTITUTIONS: THE BEGINNING OF THE END?

“To offer temporary protection in a home to children The Family Reconciliation Programme has whose rights have been violated, to children who dis- been of great importance in the process of dein- play agression towards tuition or whose parents or stitutionalization. The programme, launched in tutors represent serious impediments to dealing with 1994, works with both family and child to pre- the situation adequately. To provide the necessary pare them for the child’s homecoming. Between conditions for their integral development, based on 1994 and 1997, half of the participating families Christian activities and values, recognition and withdrew their children from institutions – most respect for their own family of origin and constant- of them children who were at least six years old ly promoting family reintegration.”14 and who had been in an institution for more than three years. These Family Homes maintain a way of This new approach meant a shift in the family life in houses that are run by parents, or system away from the institutionalized mind- a mother, nominated as Head of Household. set. It changed the mentality of the bigger Together with their own children these par- institutions to the acceptance of groups of 30 ents welcome a maximum of 16 children in children, with new quotas of 16 children as a each house, carefully located so that children maximum, to create a more natural home envi- can take part in the activities of the local com- ronment. The transformation in the pro- munity, such as schools, churches and scouts. gramme has led to a continuing awareness and While a child lives in the Family Home, a on-going assessment. technical team will work with his or her family to address the problems that caused the child “It is a subject that we have discussed at length. If to be removed in the first place. The priority is we are in favour of a policy of not institutionaliz- to decide how long the child will stay in the ing, then why maintain homes? Finally we Home, which is dependent on overcoming realised that it is a good thing that we continue to these problems and the evaluation of each exist as an alternative to the courts, because we are case. An individual plan is created in collabo- sure that the moment the child enters one of our ration with the family, including tasks and homes, we begin immediately to work toward their goals to meet the needs of all concerned. departure back into family life.”16 This methodology uses many interventions and is more a group effort than an indi- Thus the Family Placement Programme, vidual one. It includes life skills workshops, another strong feature in the area of protection workshops for parents and children, group for children in the Home of Christ, also came workshops for children, collaboration with under examination. Previously in family place- rehabilitation and alcoholism units, pyscholog- ments one did not work towards the departure ical care programmes and, on occasion, psychi- of the child and even when a child entered a atric and medical care programmes. There are home they were not allow to go out for a month also programmes for permanent follow-up with so that they would get used to the enviroment, children and families through home visits and but this proved to be a perverse practice. contact with community social networks Thanks to a substantial change of methods and among others.15 mentality, currently a child must return to the Once the necessary interventions have been family or to a relation within a week. implemented, the family situation is re-evaluat- The transformation of the programme has ed to assess the possibility of the child’s return, meant that instead of a methodology of tradi- working towards a fixed date and developing a tional family placement, the approach is now support plan for the family group if necessary. This takes the form of material aid (money, delivery of a food basket, clothes, equipment, 14 Home of Christ, internal document. “Presentación etc.) as well as emotional support and more gen- Hogares familiares”, 1999, p. 1. 15 Ibid. eral aspects, such as subsidies, linking the fami- 16 Interview with Mónica Esposito, Director of Social ly with community networks, and so on. Programmes, Home of Christ, November 1999. THE CASE OF CHILE 71

more related to the needs of the child. That is dren is not limited to specific institutionaliza- to say that the child may be placed with a par- tion programs, but includes all other interven- ent, aunt, grandmother or a responsable adult tions that might favour deinstitutionalization close to the child, even neighbours. Such a and prevent internment. change has been brought about by the belief One of the most innovative programs in that it is better not to separate the child from the field of prevention is the House of Wel- his/her natural family and environment, not to come for Women ( La Casa de Acogida de la cut family ties, and to maintain communication. Mujer). This is a refuge centre provided by the The current approach in the field of family House of Christ for women and children, vic- placement is to end traditional long term family tims of domestic violence. placements and to maintain the Family Homes Previously, the traditional alternative in only for those who require them. This proposal these cases was to protect the child by favour- is combined with the protection programme ing his/her internment thus leaving the funda- because, although programmes of traditional mental problem unsolved. However, reflection family placement may be preferable to any insti- upon the importance of mother/child bonds tutional response, a foster home will still be in an and the implications of mother/child separa- unknown family and strange environment for tion, lead to a programme where mother and the child – a situation that may be traumatising. child were both cared for. New solutions have been created in cases The change meant a methodological chal- where there is no mother or family who can lenge, since the program initially came about assume responsibility for the child. A search as an adjunct to shelter, and should have been for another family, a relative or even a neigh- closely related to work with children since the bour who can take the child, is undertaken aim of intervention was founded in trying to instead – an approach that now constitutes a avoid the separation of mother and child. This recognized form of institutional withdrawal. required a more systematic methodology and The Home of Christ has incorporated a today a state subsidy from SENAME is avail- two year follow-up plan for the children who able for these children. Through the pro- have left, and makes a concerted effort in this gramme the mother and child are provided area. While follow-up is complex and demand- with a house, therapist and psychologist. ing, it is absolutely necessary to avoid the risk, Another program that helps prevent insti- in particular, of re-institutionalization during tutionlization, though this was not the original the first year, the period when most problems objective is the Therapeutic Feminine Com- tend to arise within the family. munity Manresa (Comunidad Terapéutica Man- Another issue addressed by the Home is resa Femenina). This intervention is designed that of adolescents who do not want to stay in for the rehabilitation of women and welcomes the foster home and would prefer to return to mothers with their children. The programme their biological family, regardless of the cir- responded to the needs of women who were cumstances. The Home does not oblige the undergoing treatment and did not have anyone adolescent to remain in the programme, to look after their children. recording such cases as non-successful with- Previously this program urged the mother drawals to SENAME, the public institution to commit the child voluntarily to an institu- responsible for protection. In this case the tion, whilst she underwent her treatment. institution still maintains follow-up to the case When the mother’s treatment was over, the or tries to provide another solution. child would rejoin the mother. However a pyschological bond would be broken, and the Prevention of institutionalization programme indirectly lead to an unhealthy As we have seen, the Home of Christ main- institutionalization of children. tains an integral policy in family reinforcement Both programs aim more at prevention and deinstitutionalization of its beneficiaries. rather than directly at a process of deinstitu- However, the work carried out with the chil- tionalization. 72 CHILDREN IN INSTITUTIONS: THE BEGINNING OF THE END?

“We realize that the most important social capital ing in much enthusiasm and great involve- that a child possesses is the family; the idea is to ment from the technical teams in charge of maximize that capital and not to squander it.”17 these programmes.

Other initiatives taken by the Home of “For example, whenever a children’s home is Christ that support prevention of institutional- closed, the children are reorientated to a therapeu- ization are the interventions aimed at areas of tic community; before these were heavily controlled, extreme poverty in different urban zones on but today they have become small homes, often very the outskirts of Santiago. The settlements are pretty houses.”18 mainly formed by female heads of households living in destitute conditions. In these difficult In addition, the professional and technical situations, the woman is considered to be the teams now listen to various requests from com- basic resource in breaking the poverty cycle. munities that relate to the programme being Nevertheless it is necessary to provide support implemented. The work in the areas of extreme so that she can join the labour market and find poverty has benefited from the homogenous sit- a solution for the care of her child. The only uation of those who live there, with many people other solution is internment. confronting similar issues and problems. Howev- Compared to the previous situation, the er, interventions to promote the deinstitutional- main objective of the work carried out within ization of young people, or those with drug these impoverished areas is to help the com- addiction problems, are more difficult, as many munity assume responsibility for the care and communities see these individuals as a threat. protection of the children who live there. In One of the main obstacles for the diffusion order to achieve this goal a series of pro- and implementation of these new concepts grammes has been generated that are adminis- and methodologies is a lack of dialogue with tered and executed by the women within other institutions that continue to protect the these poor urban areas. The local mothers child in a more traditional way and that are themselves run programmes such as creches reluctant to discuss new approaches. and ‘The Children’s Corner’ and ‘Walking with St Gregorio’, all programmes that are “The vision which we have in the home is not designed for recreation and child care. The accepted by everyone else. For example, there are Home of Christ supports these initiatives by institutions that justify their existence by creating training the mothers and providing them with homes, then the institutions become slaves to their basic educational materials for the children. programmes, they are devoted to their routine.”19 4.3.4 Achievements and challenges 4.3.5 Deinstitutionalization In spite of the difficulties, important achieve- from the perspective ments have been made in strengthening the of the children and families implementation of a new philosophy in the Recent changes have been reflected in con- programmes of the Home of Christ. One of the crete examples of deinstitutionalization in main challenges has been to create a com- terms of Family Home Programmes. The chil- pletely new mentality among staff. Training dren and families who have been part of this courses have been held by professionals to work have made frank comments on the communicate the new methods and ideas to progress and problems they have experienced social assistants, educators, managers of family in the long process of withdrawing from the homes, with the aim of harmonising the initia- institutes and reinsertion into the home. tives directed towards children. Despite the initial resistance, time has 17Interview with Cristobal Arteaga, Director of Chil- shown that important and valid results have dren's Section, Home of Christ, November 1999. 18 Interview Benito Baranda, Director of Social Affairs, been achieved, thus supporting the implemen- Home of Christ until 1997, November 1999. tation of a new working philosophy and result- 19 Interview with Mónica Esposito as above. THE CASE OF CHILE 73

The Home of Christ, conscious of the Home of Christ as beneficial, and 95 per cent enormous change imposed on the methodolo- felt that it had helped them, particularly in gy of care in protection programmes, carried relation to the care received in comfortable out an evaluation in 1999 of the number of surroundings. Also the survey states that the cases that went into foster homes between education they were given was highly appreci- 1994 and 1997, in the light of the new policy. ated as were the good habits formed and recre- This was a follow-up, several years later, to ation through walks, having friends and shar- cases of children who had left homes, with the ing with others. objective of evaluating the present situation of these children in their homes, and at the same “It was good, it made me learn other things, to time validating the new policy. live in another way, a more welcoming world.”22 Together with the background gathered during the evaluation for departure from the As well as the moral standards the child Family Homes, cited below are the testi- learns during the time in an institution, in some monies of children and young people who cases the perspective provided by the home also have been in homes run by the Home of helped them to decide on a better future. These Christ, in order to give an account of the valu- opinions are mainly from older adolescents who ations by those involved in the institutional spent longer periods of time interned. transformation concerning children subject to care and protection. “If I hadn’t been in there I would now be on the corner shooting up.”23 Experiences inside the Family Homes It is clear that the main reasons for the place- “I am convinced that if had not gone to that home I ment of a child in institutional care were relat- would have ended up a drug addict on the street.”24 ed to the socio-economic and psychological conditions of the family as well as the child – a The children and young people recognize complex set of problems summarized by one that a change took place during their stay in child as follows: the homes, one that enriched the relationship between them and their families, particularly “At the time we had various economic problems. the new system of family visits. My mother worked, but my father could not work because he had to stay and take care of to me and “My relationship with the family was always he did not understand that I had problems within good. They took me out at weekends, and after a the family, with my brother.”20 while I began to go out on my own. They took me out every 15 days – that was the rule of the home It is clearly evident from the accounts before. Now it has changed. Before one could leave given by these children that the experience of for a day every 15 days, but now it is every week. living in an institution is one that deeply marks There were many who could not take the system their lives, especially the moment of the sepa- and ran away.”25 ration from the family, but the stories also show that, in time, a great percentage of cases Nevertheless for those who had been come to terms with the routines of the homes: accustomed to the traditional methodologies,

“... it was difficult at the beginning, it is upsetting to move away from the family, but later it gets bet- 20 Interview with Rodrigo, aged 20, five years in institutions, November 1999 ter and you also realize the advantages of being an 21 Ibid. intern; food, shelter, health care - everything.”21 22 Interview with José, aged 13, three years in institutions. 23 Nelson aged 18, ten years in institutions. Of the children surveyed in the evaluation, 24 Rodrigo, as above. up to 90 per cent considered their stay in the 25 Ibid. 74 CHILDREN IN INSTITUTIONS: THE BEGINNING OF THE END?

the new ideas were not easy to implement or the case of Johana and her brother who asked to understand, a situation that embraced not to leave the home. Their mother enquired as only the professionals and workers but also the to who had made the request and was told it children staying in the Home of Christ. was her children:

“There were some who could not bear not seeing “The children asked because they didn’t want to be their family for 15 days and acted like idiots and in a home.”29 loudmouths - but this began to stop the more often they saw their family. Personally I was fine for 15 Once outside the care homes and starting a days but after this, when I began to see my family new life, both the children and their families every week I began to want to see them more often. face a new set of challenges, as well as opportu- I don’t know what will happen to the young ones nities. Mothers, fathers and other adults now whose families cannot come or want to come every responsible for a child were asked about the 15 days perhaps.”26 child’s state of mind on leaving the home. Most, 75 per cent, said that it was a good experience, The return home while only 6 per cent say that the child was It is interesting to note that thanks to the new uncomfortable.30 One mother pointed out that method of working with families, and when her son was very happy to leave the home but, the objective from the beginning is the return “he will always resent me for sending him there.”31 of the child, in the majority of cases it has been the families or responsible adults, primarily The same uneasiness was felt by children the mother, who have requested that the chil- when they were asked about how they felt at dren be returned to the family. The request is home after their recent internment. The result generally made because they want the family showed 76 per cent responded that they were to remain united. Most of the testimonies con- happy, 13.5 per cent all right and only 9.5 per cerning return describe a feeling of distance cent were not content. In the great majority of from their children and a desire to live with cases analysed there was a feeling of happiness them. As in the case of the mother of Claudio, on leaving the homes and being with their aged 5, who was interned for a year: “I took him family again, where the figure of the mother out because we were suffering.” and contact with brothers and sisters were highly valued. Johana’s account of her feelings Other factors in the decision to request the on leaving the home shows this appreciation: return of the child by the family are often linked to an improvement in the socio-eco- “I always wanted to be with my mother. I am nomic situation, or the end of a temporary set- happy (…) I always want to be with my mother.”32 back. Such was the case of Hector’s mother, who took him back to be with his brothers: As well as the high esteem felt for the family, the majority of cases felt that the family “I asked if I could be with them and they let me out was one of the most important things in their of the department.”27 lives. 40 per cent said that being with the family has been better since leaving the institute33 One of the few cases of a father looking after the children was that of Isaías and Miri- am, whose father said, 26 Ibid. 27 Mother of Héctor, aged 9, four years in an institution. 28 Father of Isaías, aged 12 and Miriam, aged 11, both “I never wanted to send my children to a home but seven years in an institution. I had no other choice because my wife was sick.”28 29 Mother of Johana, 11 years old, 3 years in detention. 30 Op. cit. Home of Christ , ‘Evaluación….’, p. 14. 31 Mother of Cristián, aged 14, four years in an institution. However, many of the requests come from 32 Juan aged 16, seven years in an institution. children and young people themselves, as in 33 Op. cit. Home of Christ, ‘Evaluation…’ p.17. THE CASE OF CHILE 75

as can be seen from the following confirma- However, some of the children described a tions on being asked which was better: feeling of malaise when they left the Care Home, in some cases related to problems with- “To be with my mother and my brothers.”34 in the family, and in others, the result of exter- “To have my brothers with me.”35 nal pressures linked to their time in the institution. Roberto, for example, did not feel at There were some, however, who had dif- ease at home because, “The neighbours discrimi- ferent views on their return home, perhaps nated against me because I had been in the Home of because their relationship with their family Christ.”39 had not changed sufficiently, or because they The first year after a child leaves an insti- found that the conditions in their own houses tution is often very difficult for the family, with were inferior to those of the institution, continuing crises that may well result in the among other reasons. One child who had child being sent back to the institution. been institutionalized for several years was One of the most difficult issues is the critical: resumption of communal life with brothers and sisters who may often feel that the return- “It was the same when I entered the Home. That is, ing child is taking over their space. Many I did not like it. The house has a different atmos- youth who were interviewed said that they did phere - it is not like the Care Home, the Home is not get on well with some family members. much calmer. In the house they shout at night, there Relationships with other children in the fami- is more noise. For example the first time I stayed in ly are often the most problematic, and the the family house I woke up three times in the night. institution has designed specific programmes There are a lot of drug addicts here.”36 to deal with this issue. From the mother’s point of view, the most Mothers remembering the moment of difficult thing in those first months after the their child’s homecoming have strong, and child’s return is helping the child re-adapt to sometimes contradictory emotions, including family life as well as coming to terms herself happiness and guilt mixed together – happy to with the resumption of care and rearing the be reunited with their child, and guilty for hav- child. Other problems may include the eco- ing been separated in the first place. Lucia’s nomic difficulties of keeping another child in mother said, the house, or even the child’s disobedience and insolence. It is interesting to note that “I felt relieved, I did not want them to continue such cases occur more often with mothers who living in the homes.”37 were themselves placed in institutions during their adolescence. And the moment of return to the family is Johana’s mother said the most difficult often one of great happiness: thing was, “to try and accustom myself to the children, I was just coming out of a crisis myself and “Her brothers (stepbrothers) were very happy, It could not accustom myself to the situation.”40 was a joyful time for all.”38 Finally, the study asked the children if they would like to return to the Home of Leaving the institution behind Christ, and the mothers were also asked if they Asked about their life now, most children over could envisage the possibility of sending their the age of six feel good at home. They feel that they receive better treatment and describe 34 Hector, aged 9, four years in an institution. themselves as feeling better when they are 35 Pedro Pablo, aged 8, one year in an institution. with their families. They describe the experi- 36 Rodrigo, as above. ence in terms such as: “We are together, it is beau- 37 Mother of Lucía, aged 14, seven years in an institution. 38 Isaias and Miriam father, as above. tiful, we love each other, they want to be with me, I 39 Roberto, as above. want to be in the family.” 40 Mother of Johana aged 11, three years in an institution. 76 CHILDREN IN INSTITUTIONS: THE BEGINNING OF THE END?

children back to the institution. An affirmative ment especially the mother who had suffered answer, although it could be interpreted as a because of such a separation and consequently positive view of the Home of Christ, was seen wanted to keep their children close. by the Foundation as the rejection of their pre- The following testimonies from mothers sent conditions of life and a failure to adapt whose children had been interned for different after institutionalization. periods of time and at different ages, demon- In the case of the children, 77 per cent strate the powerful feelings when it comes to re- declared that they did not want to return to the establishing the bond between mother and child. Home, because they wanted to be with their Asked about the possibility of sending their chil- family or because they considered themselves dren back to institutional care, they said: too mature to be in the care centre. These included Luis, who made a poor evaluation of “I wouldn’t accept because I don’t want them to be his situation since leaving the Home, due to locked up and because I know they need me.”44 economic difficulties within his family. How- “No, I would think about it a thousand times ever, he would not consider returning to the first.”45 centre because he was too old: “I would not send my children back … I have become accustomed to them. I would do anything for them.”46 “Leaving the home was not what I hoped it would “No, because I missed them very much and suffered be, I do not regret having left but it angers me to when they were interned”47 live miserably like this. ... I will not return to the “She belongs to me and her mother. I think we would institute, I have already learned what I need.”41 all die if it were to happen again.”48

Thus also Rodrigo, who showed a very 4.3.6 Results and future projects negative opinion towards the new methods of The general evalution of the new policies the Home in returning children to their fami- implemented in the Home of Christ pro- lies, on being asked if he would recommed grammes and carried out by the technical that a family who were having similar prob- teams, parents and others responsible for the lems to those of his own should commit their child, and also the report carried out on the children to an institution replied firmly that children, reveals that the majority have inte- such a decision must only be taken in very grated successfully within their families after extreme cases: returning.49 Validating the strategy of deinstitutional- “I would recommend it, but if it were up to me, I ization of children, and considering both the would try to do everything possible so that they (the serious family difficulties and the positive children) did not have to go to a home. It is neces- evaluation of the time spent in the Home of sary to think really hard before considering this Christ, it can be stated that children want to solution to the problem.”42 remain with their families, and mothers want to be with their children.50 In a few cases where the answer was institutionalization, the possibility of returning to the Home of Christ was related to economic problems as in the case of Daniela who said 41 Mother of Lucía, as above. 42 Rodrigo, as above. she had thought about returning, “Occasionally, 43 Daniela, aged 11, four years in an institution. because we had no food.”43 44 Mother of Lucia, as above. Coinciding with the testimonies of chil- 45 Mother of Pedro, aged 8, one year in an institution. 46 Mother of Roberto, 2 years old, one year in an institu- dren interviewed who had a history of living in tion. institutions, the vast majority of mothers were 47 Mother of Humberto, aged 9, Alexis, 11, Jonathan 16, not willing to send their children back into all 2 years in an institution. 48 Mother of Cynthia aged 2, one yearin an institution. care. Most of the reasons are emotional in 49 Op.cit. Home of Christ, ‘Evaluation ………’ p.13. nature, strongly favouring the family environ- 50 Ibid. p. 30 THE CASE OF CHILE 77

In as far as the analysis conducted by pro- 4.4.1. Characteristics fessional teams and technicians in the Home of the Rodelillo Foundation of Christ are concerned, it is hoped to The Rodelillo Foundation is a private, non- improve the work carried out, in terms of profit organization created in 1987 to assist reinforcing the change in the different pro- families that were living in social shelters, hav- grammes which are effected on a national ing lost their means of income. Such families level and with different areas and popula- were in grave risk of their children being sent tions. Moreover, the Home has initiated a to institutions, possibly for long periods. process of diffusion of the successful results The project was founded by Catholic busi- and has incorporated elements of analysis of nessmen and professionals who gave the public policies concerning the protection sys- Foundation its name in honour of a speech on tem administered by SENAME on a national the importance of the family given by Pope level. They have campaigned for discussion John Paul II in the Rodelillo aerodrome on his on modification of the existing Juvenile Law visit to Chile. and, above all, for interventions that must be The Foundation’s mission is: “The integral developed to benefit the family and institu- development of families in difficult circumstances tionalized children. In this way the Home of supported by the general motivation of achieving a Christ has recently contributed to and sup- better level of social dignity and social understand- ported State initiatives on this issue, resulting ing in Chilean society.”52 from a process of evaluation and analysis Since 1990 the Foundation has been fund- which had already begun. ed by a number of private members, with state In addition, the new approaches have had resources provided by SENAME to finance a wide ranging impact, as the Juvenile Justice innovative projects aimed at renewing preven- Courts are now aware of alternatives to institu- tive interventions in child care. tional care. And the Home of Christ has pro- The family is the focus of attention, based vided a model for smaller institutes that are on the firm conviction that it is the basic ele- implementing innovative programmes. ment in society and the place where, “the inten- The Home of Christ has focused the sity of both the humanizing and dehumanizing development of its social work on changing processes are reconciled.”53 social policies concerning children. In this con- The Rodelillo Foundation has a two-fold text what it hopes to offer to all other actors objective. On one hand it seeks to support low- concerned, both public and private, and to the income families so that they can become whole of society, is a new model of care for autonomous, providing them with a strategy to children and their families, to achieve a better overcome their own poverty. On the other hand future for the children of Chile. the Foundation seeks to combat social indiffer- ence, promoting solidarity and stimulating the 4.4. THE RODELILLO social bonds between those who live in similar FOUNDATION: situations, leading to better social cohesion.54 PILOT PROJECT FOR FAMILY To achieve these objectives, a three way SUPPORT DURING strategy has been developed to: THE PROCESS OF ● incorporate services that will help support the DEINSITUTIONALIZATION basic standard of living needs for families; “When she came out of the institute Sandra said that even if we didn’t have anything and there was noth- 51 María Pallalef, mother of Claudia aged 8, one year in ing to eat at home she didn’t mind, the most impor- an institution, Sandra aged 12, four years in an institution. tant thing was to be together, the rest didn’t interest 52 Rodelillo Foundation, ‘Sistematización del proyecto: her. Today I asked them what they want for Easter Desarrollo integral de la familia con riesgo de desinte- gración social 1996-1999’. January 1999, p. 4. but as everything is so expensive, she says it doesn’t 53 Ibid. p. 7. matter what we buy, it is all the same.”51 54 Ibid. p. 8. 78 CHILDREN IN INSTITUTIONS: THE BEGINNING OF THE END?

● focus on the work of prevention; Given the structural characteristics and ● strengthen proactive education. social condition of these families, when they arrive to participate in the programme they are 4.4.2 An overview of the pilot project already living in precarious conditions such as An innovative approach adopted by the Foun- overcrowded living quarters, in areas of high dation in 1996 with funding from SENAME social risk, or are under-nourished. was a pilot project to promote the return of These families also faced exploitation, institutionalized children to their families and with those adults who were employed working to validate a model for working with families in in menial jobs for long hours and on very low the same situation. The proposal was trans- wages, often having to travel long distances to formed into a pilot project whose ultimate and from work. They tended to be poorly edu- objective was to promote the return of the cated and, in many cases, had minimal levels children to their homes and to validate a model of literacy and numeracy. for working with families towards deinstitu- There were many problems in interfamily tionalization. The objective established was: relationships and parental bonds, characterized by a lack of affection for children, lack of inter- “To generate closer bonds between children and est in their schooling, a poor relationship families in a recreational atmosphere, to promote between the partners and little communica- and strengthen affective ties and to aid the process tion within the family in general, especially of deinstitutionalization.”55 between fathers and sons. The families did not try to retrieve the children living in institu- The basic method to be used was that dif- tions, showing a state of resignation and a lack ferent types of children’s Homes following the of hope for better relationships in the future ‘Simple Protection’ policy and administered One important gap within these families is by SENAME, would direct families who had their lack of ability to create or exploit support children in institutions towards the Rodelillo networks within the family, the community or Foundation so their intervention could be wider society. This means that they are locked implemented with the child and the family in into a welfare mentality when it comes to the a combined effort with the institution where provision of goods and services, and are the child was living. reduced to a passive, rather than active, situa- The initial criteria for participation in the tion. This severely limits their ability to influ- project were: the existence of a tutor or a fam- ence the public, community and social struc- ily who would be responsible for the child; tures available to them. families with institutionalized children under It was also possible to detect specific char- the age of 12; children in institutions as a result acteristics within some families, such as moth- of family economic problems (ruling out fami- ers who were abused within their own families, lies with severe pathologies); children in insti- parental alcoholism, and cases of sexual and tutions for less than three years; and, finally, physical abuse. In some cases the parents that the families themselves had expressed a themselves had spent periods in institutions desire for the return of their children. when they were children. However, these criteria were not always fulfilled. The main characteristics of the fami- Methodological aspects lies that participated were that they were liv- At first the project organized workshops each ing in inadequate and impoverished condi- Saturday, so that adults who worked long hours tions, with overcrowded living quarters, poor throughout the week could attend. However, nutrition and in areas of high social risk. These these meetings were eventually cancelled as families were usually headed by a single par- family attendance dwindled. ent – generally a mother, who may sometimes live with a partner who is not the child’s natural father and whose average age was around 30. 55 Ibid. p. 240. THE CASE OF CHILE 79

Interventions for families paralleled the ● Employment: for mothers who needed work work that the Foundation traditionally carried placements or support in setting up micro- out with families in need. The aim was to pro- enterprises. mote a group identity among these families This methodological model also involved whose children were in institutions, and welfare assistance for families that lacked the strengthen work through a common objective most basic essentials as a result of poverty. – reuniting the family. Such families received material benefits from The model used was based on a combina- the Foundation. tion of incentives in various areas and the pro- Every aspect of the work was based on the vision of direct services. Family members also strengthening and development of family inte- received therapeutic support after working gration, requiring the assistance of every mem- hours and extended sessions when required. ber of the family, as well as the institutions car- Areas included in the project were: ing for the children. These institutions bear ● Mental health: for psychological diagnosis and much of the responsibility for the success of the therapeutic care in families where the moth- project. The project requires permanent coordi- er needed help in caring for and showing nation with professionals within the Homes, affection towards her children. This area especially with the social assistants and techni- also focused on solutions for couples with cal teams, to implement a work strategy without problems and the reinforcement of self which the project could not function. For vari- esteem within the family in general; ous reasons it was not possible to implement ● Education: aimed at parents as much as chil- the strategy of institutional cooperation. dren. Parents were helped to assist their children’s return to school once the children came 4.4.3 Institutionalization out of the institution. Children received care and family reunion through school workshops and pyscho-educa- To intervene successfully and reunite children tional support, and this area also addressed with their families, it is necessary to have a full the child’s emotional difficulties, such as poor understanding of the characteristics of both self esteem, insecurity, timidity, impulsive the processes involved in institutionalization behaviour and so on; and family reunion. Estimating the motiva- ● Recreation: consisting of encouraging fami- tions, the problems and sentiments involved in lies to take part in group events such as such important decisions, and the huge impact birthdays, sporting activities and end of year on the child’s life, allows an understanding of celebrations. Children were included in hol- the complexity of the situation. iday programmes and after deinstitutionalization they went on walks, to the swimming The motives for internment pool or cultural events; The motives for placing children in institutions ● Housing: an area often cited by families as a are sensitive and in many cases are a combina- reason for the institutionalization of children tion of factors. Both economic factors – where and, therefore, of great importance. All families received instruction on how to obtain a the lack of housing plays an important role – and house. The families saw a strong relation- the state of mental health of family members, as ship between having a house and family well as other aspects, may be involved in the integration as the lack of proper housing decision. Maria Inés, mother of an 11 year-old meant frequent changes in residence; who was institutionalized for three years, gives ● Health: health care was given to all members some insight into the complexity of the decision. of the family through general clinics and through help to obtain free health care and “I first allowed my child to go into an institution medication. In some cases, patients were because I did not have the means to keep her. It was referred to other community health institu- like tearing my soul out because I had never left her tions such as hospitals, clinics or consultants before. I was overcome with grief when I left her but to complete the treatment; I had to do it because I lived in a hostel and I 80 CHILDREN IN INSTITUTIONS: THE BEGINNING OF THE END?

already had problems with the woman who ran the The analysis uncovered various consistent hostel. When she said I would have to institutional- problems, such as those related to sexual ize my child I agreed with her. The decision was also awareness, the living conditions and how the due to the fact that I had no work and, on top of all children were all living in an overcrowded that, I was suffering from bone cancer and had had home. Mothers were worried about the situa- two operations. They annihlated a mother when my tion and identified it as a traumatic experience child was interned.”56 for the children. As one mother said in relation to her daughter: When questioned about why they had been in institutions, children often mentioned “She doesn’t want to remember this moment, because economic problems. Sandra, who was institu- it was uncomfortable for her. She said that the girls tionalized for 8 years, explains it as follows, who were there for longer periods used to get into her bed, I didn’t like that at all, because at times they “Why? Because there was no food in the house and would go into the brothers’ bed as well, so I began to there were a lot of us.” explain to my children that what their father did Question: Did they intern all the other children? should never be repeated and my child said, ‘Don’t “No, only me, as I was the eldest there. My cousin worry mamma, we would never hurt our sister like was too old to be interned.”57 that’, Since then I have trusted them.”62

Another important cause of institutionaliza- The experience of being interned varies tion is domestic violence, including the physi- depending on the child’s personality as well as cal and sexual abuse of the children. A father of the characteristics of the residential home. one of the girls participating in the project con- One of two sisters placed in different institu- fessed to having abused the child in the period tions described grave differences in the way before her placement in an institution. Once he children are treated: confessed, the decision was made to institutionalize the girl. The mother, who had been “We came out on Friday and returned on Monday unaware of what was happening, describes the but they didn’t let her (her sister) out at all, it was moment when she realized the truth: like a jail. And afterwards the home where Clau- dia was burnt down and the bigger boys raped a “I didn’t notice anything, but one day he was very little girl.”61 nervous and was acting strangely - then he decided to confess to an Anglican priest, and I didn’t The accounts relate very different meth- listen because we are Catholics, … but I knew it ods used in the numerous institutions respon- must be something terrible and I went and asked sible for protecting children. Claudia was later my sister, who told me everything.”58 sent to a Family Home where the environment was very different. As a result, she has better Living in an institution memories of this second experience and The difference between the analysis carried out by the Home of Christ, and that of the enjoyed it because, Rodelillo Foundation, is that the latter includes children from different institutions “… it is like the country. There is a little boy who within the SENAME network. However, that is five and he has a rabbit, so cute. It was such a does not mean that the experiences them- cute rabbit that I went and visited it every day. selves were any different for the children 56 María Inés, mother of Katherine, who left the institu- involved. Comments such as the following tion as part of the programme of deinstitutionalization. describe individual experiences. 57 Sandra aged 12, 4 years in an institution. 58 Interview held with the mother of a child who had been abused by her father, November 1999. “At first she was fascinated at being in a Home, 59 Maria Ines, as above. because she had no idea what it was like. Even 60 As note 58. now it hurts me to think of it.”59 61 Claudia aged 8 and Sandra aged 12, as above. THE CASE OF CHILE 81

They gave me a present, they gave me a teddy bear mother from a neighbour to be responsible for and a cassette.”62 care of the child. Katherine said, In spite of the different views that the chil- “I was in the Home for a year, and later they dren may have of their stay in institutions or in allowed me out because a lady offered to take care protection programmes, when they are asked of me while my mother was at work. They allowed whether they would like to return to an insti- me out at weekends and I did not want to go back tution, the answer is a consistent “No”. because I didn’t like it there, I told the lady who was looking after me for a while, that I never “No way, not for anything.” wanted to back there again, and she said she would “The only thing I liked about the Home was that we tell my mother”.65 went to college, the Home itself I didn’t like at all.” Question: Did you tell you mother at times that The lack of social networks found in the you didn’t like the Home? initial diagnosis of families participating in the “Yes, but then again, I knew I was going to get out project is a feature that recurs throughout the the following year..”63 process, including the decision to place a child in an institution. The interventions taken The process of deinstitutionalization must therefore reinforce links to any relevant The decision to remove the children from an support network. As one project worker said, institutional home is motivated by a series of factors, such as improvement in the economic “There were families that had never even taken a situation, family support, neighbours or adult walk around their neighbourhood, they didn’t groups responsible for the child, feelings of know how to reach the Rodelillo Foundation, had guilt on behalf of the parents or another close no network of friends, no institutional networks. member of the family, among other reasons. In They were families that were very isolated …. The many cases it was the children themselves who families received very individualized treatment in wanted to be with their families and this is whatever way Rodilello could help and receive most vividly demonstrated by children who them. This welcome allowed mothers to develop ‘escape’ from the institutions, including Clau- bonds of confidence and this translated into the dia’s sister, Sandra. idea of reunion, an idea which at first seemed impossible, but began to become a hope and later “I escaped with a friend.” transformed into reality.” Question: Why did you escape? “I didn’t want to be there.” In this context the intervention of the Question: What did you do when you escaped? Rodelillo Foundation has been greatly appre- “I went to see Claudia (a sister). I stayed there for ciated by the participating families, particular- a while and then mama came to get me and that’s ly for the human relationships established how I left the Home.”64 through contact with social assistants and the staff within the institution in general. In addi- While there are strong factors that influ- tion, many mothers realized as a result of this ence decisions in favour of child institutional- intervention that there were many other moth- ization, there are also family and social factors ers in the same situation. Maria, referring to that are vitally important at the moment of her experience, talks about other families with deciding when, and how, to deinstitutionalize children in institutions: a child. Families that have previously placed their children in institutions must be able to “I will tell them that if they can get to Rodelillo, if count on the help of social networks to support there is a vacancy they should join, because at times them during the process of deinstitutionalization. This situation is clearly evidenced by 62 Claudia aged 8, one year in an institution. 63 Claudia, as above. Katherine’s case, given that her exit from an 64 Sandra, as above. institution was the result of a offer to the 65 Katherine, as above. 82 CHILDREN IN INSTITUTIONS: THE BEGINNING OF THE END?

there are people with huge, huge problems and as “It is difficult having the child in the house, diffi- the psychologist said, I should be thankful that I cult enough, for our way of life, her father’s and have got through this. Anyone can move ahead and mine. … she isolates herself and won’t accept being have support from the Foundation”66 told what to do, even the people from the project told me that I would have to give her time as, after The technical teams responsible for set- all, she spent four years in the Home.”69 ting up the project found that the main ingre- dient for the success of the intervention in Another complication in the process of very poor families is the bond between moth- reunion is the idealization that may have er and child. This link is transformed into an developed, both for the mother towards a child essential instrument for bringing about a she may have only seen at weekends, and for a change in concepts of culture and society with- child who may have idealized the family and in the family, over and above all other require- home. This produces communication prob- ments. As one member of a team said: lems and creates other situations that combine to put the family under considerable stress. “The families who are really ready are those that we discover have a strong bond of affection with “When I went to get her I said, “Daughter - now the child.”67 we are living alone, we are not with Aunt Angéli- ca”. But when she arrived home she saw how poor The return home we were, all together. We will be alright here, I said The bond between mother and child is rein- to her, we will organize ourselves, but she put her forced at every stage of the process of deinsti- arms around me and started to cry. I don’t know tutionalization to strengthen the feeling of how she had imagined this moment … I thought reintegration with the family. As the Director she was crying because of the state we were in after of the Foundation said, she had come from having everything … But in the Home she had everything except her mother and “Our point of view is that no matter how good the her family.”70 Home is or no matter how precarious the family situation is in terms of poverty or lack of materi- Despite such problems, most reunions are al well-being, a family is always better than an described as positive by all concerned. The institution for the child’s development(…). It is children show great happiness when they more important to try to support the family in remember the moment of leaving the institu- resolving their problems and strengthening their tion and returning home and, even with the capacity through programmes and social networks passing of time, still want to live with the fam- instead of replacing it with alternatives that can- ily. For their part, mothers are also positive and not offer the same relationships and experiences of recognize a change in the relationship with life for full development.”68 their children, as well as in their own lives, for The programme also works with parents the better. who were themselves institutionalized during their childhood, listening to their own experi- “There is a change in that I treat the children better ences of being abandoned and maltreated as and they behave better with me. Before, I used to children, and helping them to make a connec- really punish them, now I don’t punish them at all, tion between their memories and the situa- I talk to them or tell them off but that’s all … and tions their own children were experiencing. This process continues during the period of 66 María Pallalef, as above. adaptation when the child returns home. The 67 Group interview of social assistants on the project, conflicts that occur in this period are often Rodelillo Foundation, November 1999. linked to such basic problems as dealing with the 68 Oriana Zanzi, Director of the Rodelillo Foundation, November 1999. child’s bad behaviour, and getting accustomed to 69 María Pallalef, as above. each other once again. As one mother said: 70 María Inés, as above. THE CASE OF CHILE 83 that is the best thing that has come out of all this. All first stage. One explanation given by project the meetings with the psychologist have been a great wokers was: help, now there isn’t any abuse like before.”71 “They weren’t really motivated. It wasn’t in their The families that achieved success in bring- plans to take the child out, because they would be ing their children home demonstrate the validi- creating a problem as big as the one that led to their ty of a cultural and value change in a process internment, it was an interruption in their plans.”75 where they themselves were the main actors. Such change comes about slowly as fami- Due to insufficient collaboration between lies begin to resolve some of their problems, the institutions and the Foundation, it was and in a way that makes them feel capable of impossible to develop a methodology that providing for their family and, therefore, of would embrace all the actors involved. While it being reunited with their child. Supported by was possible to work with families to modify the Rodelillo Foundation they discover that the traditional methodology of the Foundation other families with similar problems manage to and with the children through various work- keep their children and live as a family. shops, it was not possible to develop a coordi- On their side, the children participate in nated work plan between the institutions, the this change and reflect on their time spent in families and the Foundation, given that most the institutions. One project assistant said, of the homes left the project once the original cases had been completed.76 “When the children see that there is a supportive The number of families that did not com- institution, in most cases helping with incentives and ply with the profile specified by the Founda- offering to assist towards deinstitutionalization, tion as a requisite for participation in the pro- they do not want to return to the institution.”72 ject had a negative effect on the results of the intervention and finally led to some families Katherine expressed a strong rejection of withdrawing from the project. the idea of institutional care, a rejection learnt from her own family in the process of her return “What we were basically looking for was a fami- home, and when asked what she would say to a ly that wanted to recuperate their child … we mother who had a daughter in a home replied: thought that families interned their children due to difficulties within the family, and that once they “I would say, go and take her home, because she is overcame the situation they would want to have suffering and her mother too. Because my mother their children back. But we found that the families told me that when they put me into the care insti- had become accustomed to the situation.”77 tution, she wanted to keep me at home and she started to cry and I was crying in the care home. I According to the evaluation carried out by would say to a mother that her daughter was going the Foundation, these problems were also to suffer perhaps more than her because she was the related to other causes, such as problems of one who put her there and had no choice.”73 motivation, unfamiliarity with the project and the existing bureaucracy in some of the care 4.4.4 Results of the pilot project institutions selected. It was sometimes impos- The project encountered implementation dif- sible to achieve positive involvement of any of ficulties from the very beginning due to planning problems, particularly in the complex procedure, carried out by the institutes, of 74 71 María Pallalef, as above. selecting and evaluating families. 72 Group interview, Rodelillo Foundation, as above. There was a high drop-out rate. A large 73 Katherine, as above. percentage of the women that declared a 74 Oriana Zanzi, as above. 75 Group interview, Rodelillo Foundation, as above. desire to start the procedure of deinstitutional- 76 Oriana Zanzi, as above. ization of their children dropped out in the 77 Group interview, Rodelillo Foundation, as above. 84 CHILDREN IN INSTITUTIONS: THE BEGINNING OF THE END?

the administrators and professionals in the that a professional had to see and visit, they would institutions with the Rodelillo Foundation’s be unable to see six traditional families that Rodelil- methodology and the objectives of the deinsti- lo was working with.”81 tutionalization project.78 In spite of all the obstacles, a group of 15 4.4.5 Lessons learned and future plans families managed to finish the project and In finalizing the project, the Rodelillo Foun- completed the full process. The results were dation acquired a great deal of experience in very positive: 12 families managed to bring looking for new methods of working with the their children home and the three remaining families of institutionalized children. This were well on the way to achieving this. experience generated internal reflection con- The Foundation’s final evaluation found cerning the continuation of this difficult work, that, even if the hoped-for coverage was not to which, however, the Foundation was strong- achieved and it was not possible to apply the ly committed. entire model of the Foundation’s strategy, the As a result of the Foundation’s internal innovative experience of deinstitutionalization analysis and evaluation, aspects that would could be described as follows: have to be considered in a future project of support for the removal of children from insti- “The work carried out with these families represents tutions were identified. Primarily, they valid information regarding the type of intervention required assurance of the participation of the that is needed to help them be agents in the process of institutions themselves, and greater cooordina- 79 deinstitutionalizing their children.” tion based on joint discussions. For this it would be necessary to associate with homes This innovative process fundamently con- that were in favour of deinstitutionalization sisted of perfecting a valid methodology for and whose role would be considered to be work with families “in danger of social disinte- entirely transitional. gration”. Indeed, in the light of the experience The analysis also suggested the need for with families who had placed their children in improving work with the children themselves. Homes, methodological changes were also In the pilot phase of this project, work was pri- seen to be necessary to deal with the particular marily aimed at and conducted with the fami- situation of certain families. ly and mother. However as the child is the main beneficary, it is vital to take into account “The work was very difficult because we had to his/her feelings and opinions. deal with many complex problems, families who Methodological aspects also established were very difficult to work with … There were that deinstitutionalization requires program- cases where the conditions were more or less met for matic intervention on a medium or long-term the return of the child but there were others who did plan. This requires greater human resources not achieve even the most minimal requirements. and materials that would allow professional … With these families there was another reality, that even if the family maintained contact with the and technical teams to dedicate all of their child, the contact was limited to weekend visits, so time to work with children in institutions and the child never really formed part of family life.”80 their families. In order to achieve this permanent coordi- However, to design and implement a new nation with the institutions, work would not model of intervention aimed at advanced pro- only have to be aimed at families and commu- grammes with these families meant a huge investment of human resources. The professional teams had constantly to cope with a high 78 Maria Anelica Cruz, Coordinator ofEvaluation and demand: Coordination, Rodelillo Foundation, November 199. 79 Op. cit. ‘Sistemacion… p. 240. 80 Group interview, Rodelillo Foundation, as above. “For every family with a child in an institution 81 Ibid. THE CASE OF CHILE 85 nities, but greater emphasis would also have to ensure that the child’s stay is of minimal dura- be placed on the work undertaken within the tion, and a programme leading to their return institutions themselves. to the family should be implemented. The methodology used would have to Political backing is essential to support the incorporate a strong element of welfare assis- public child protection policies that will for- tence throughout the duration of the project in mulate a model of deinstitutionalization, or a order to improve the basic living conditions of technical strategy for institutions that work in the families – a major factor in the decision to this area. With this same objective in mind, a institutionalize a child – and to support inte- movement for the prevention of internment gration within the family. and support strategies for deinstitutionaliza- It is important to begin to work towards tion should be developed in the public and pri- the child’s return to their family from the vate sectors to give strength and legitimacy to moment of their arrival in an institution, to a high impact policy.

ESTABLISHING A NEW INSTITUTIONAL FRAMEWORK IN URUGUAY: THE COMMUNITY LEVEL, NEIGHBOURHOODS AND SOCIAL ASSETS

5.1 INTRODUCTION the principle of ‘special protection’ be applied The common feature of the projects implement- in order to provide concrete measures for those ed in Uruguay is that the objectives and working who require more specific care, so as to address methods are specifically intended to ensure that their greater emotional or material needs. As of the children and adolescents concerned should 1990, the city of Montevideo embarked upon a be protected from discrimination. process of municipal decentralization which These projects are based on the concept of encouraged the creation of social situations providing equal treatment to all the children which could focus participation into jointly and adolescents who are cared for, and to pro- managed projects aimed at improving the qual- vide a valid alternative to institutionalization, ity of life of local inhabitants. Boosting social which inevitably tends to lead to exclusion and organization and participation, while recognis- isolation. The experience presented here has ing citizen’s rights, was the fundamental aim in made it possible for those concerned to contin- the process of decentralization. Within this ue to live as normal a life as possible and to framework, a number of social programmes establish relationships and forms of communi- were designed to address various aspects in the cation adapted to their basic emotional and daily lives of the citizens of Montevideo. social needs at each given stage of their per- The resulting social policies took their cue sonal development. from the specific problems raised by the people The projects implemented as part of the of Montevideo and were implemented by CAIF Project and by the Municipal Authority means of comprehensive actions which, in of Montevideo are directed at children and addition to providing a response to the specific adolescents from families with a wide range of problems identified, also sought to produce an economic problems. The children and adoles- impact on the network of social relations so as cents who are targeted by these projects are to contribute to promoting solidarity-based and able to continue to live with their families committed socio-cultural patterns. instead of being placed in units run by the The main problems which were tackled Instituto Nacional del Menor (National Institute were social exclusion, age and gender discrim- for Children) or by NGO’s, both of which pro- ination and the failure to recognise the right of vide a form of institutionalization in an envi- individuals to make decisions regarding their ronment which is foreign to the children and own lives. The processes involved in social adolescents concerned. Local neighbourhoods, marginalization stem from a number of factors, relationships with different people, habits, including age, gender, social class and place of games, timetables, or the lack of timetables, all residence. As a result, the fact of being a child form a scenario based on experience and with from one of the poor peripheral districts of which the children are able to identify. These Montevideo represents a stigma which can never be replicated by an institution, how- restricts opportunities and availability of ever good its material and human conditions resources. The result is that these children are may be. often automatically considered unreliable or Additionally, this equal and non-discrimi- even dangerous. In the case of adolescents or natory approach to children also implies that young women, very young mothers or heads of 88 CHILDREN IN INSTITUTIONS: THE BEGINNING OF THE END?

households, situations of subordination activities. Since its inception, it has carried out become increasingly frequent. activities aimed at consolidating children’s As a result, the programmes presented here rights in the Department of Montevideo, by represent proposals and responses that are establishing a form of early community educa- open-ended and flexible, implemented by the tion which seeks to make use of a comprehen- Municipality of Montevideo with the support sive perspective in order to combine the vari- of UNICEF. Many of them have now been ous dimensions which lead children to full taken up as permanent institutional pro- development as individuals and citizens, and grammes with a large degree of self-funding. to involve the neighbourhood community as a This means that the contributions can be main actor. seen as springboards for innovative experi- In 1990, the Municipal Authority began a ences and groundwork for the institutional process of decentralization and citizen’s partic- activities to be pursued in these areas. ipation, as a tool to democratize society. In this The programmes are adapted to the char- framework, social policies were seen as inter- acter of the neighbourhoods and are synergis- ventions aimed at mitigating the effects of tic, helping to create and consolidate neigh- poverty, lack of opportunities and unequal bourhoods as environments which are capable conditions among the inhabitants of the city. of satisfying the needs of families, children It was against this background that the and adolescents. Nuestros Niños programme began in March Effective neighbourhood environments 1990 with the signing of an agreement and solidarity-based networks among inhabi- between the Municipality of Montevideo and tants are ways of preventing the occurrence of UNICEF. problems linked to the uprooting, abandon- The programme provided a socio-educa- ment and institutionalization of children and tional initiative designed to encourage, vali- adolescents. date and replicate strategies and actions for The Nuestro Niños (Our Children) pro- social development and community participa- gramme and the programmes for adolescents tion in order to contribute to an improvement (the Boy Zone and Girl Zone – Espacios Mujer in conditions of children and families exposed y Varón – and Casavalle), provide opportunities to environmental, psychological and social for the poorest and are examples of avenues risks. It aimed at developing a comprehensive that were explored and that offer a number of early education programme on a multi-discipli- lessons and challenges. In the process, educa- nary basis. The programme reached beyond tors and practitioners learnt together with children to involve families and the social fab- women, children and adolescents – through ric as a whole. their successes and errors – how to construct The programme is currently under the participatory projects which could bring about authority of the health and social programmes real change. division of the decentralized department. It includes 18 early-education community cen- 5.2 THE NUESTROS NIÑOS tres and 15 local institutes, which operate PROGRAMME: AIMS, IMPACTS through a grant mechanism, located in periph- AND WORKING METHODS eral urban neighbourhoods of Montevideo. WITH CHILDREN, FAMILIES The 18 early-education community centres AND NEIGHBOURHOOD provide a comprehensive response encompass- COMMUNITIES ing education, nutrition, preventative and therapeutic health care and family support. 5.2.1 Background, origin and The general administration of the pro- development of the programme gramme at department level is in the hands of The Nuestros Niños programme, developed by the central children’s team which comprises a the Municipality of Montevideo, originated in psychologist, a social worker, an educational 1990 as one of the city’s main social policy consultant and a nutritional consultant. This THE CASE OF URUGUAY 89

team works in close co-ordination with two ● Technical support teams working on the basis of paediatricians coordinating the health area of contracts established with the National Universi- the municipal hospitals and the social work ty and NGO’s. These teams provide guid- teams of the municipal district centres (centros ance, training and supervision in their areas comunales zonales - CCZ) where teachers with a of responsibility, produce and distribute coordinating role supervise and guide the vari- materials and undertake a systematic assess- ous educational centres. ment of the results of the programme. The programme is also supported by a number of units within the Municipality of 5.2.2 The impact of the Nuestros Niños Montevideo. Among the most important of programme these are the following: Recent studies on poverty in Uruguay have ● The Health Division (División Salud). shown that the age-group primarily affected is Through the technical teams of the munici- that of children in what has been termed the pal hospitals this provides children’s health ‘infantilisation’ of poverty in Uruguay. monitoring, and trains educators and parents. On the basis of the poverty line defined by It has signed and funded an agreement with the National Institute for Statistics (Instituto the Institute of Hygiene of the Department Nacional de Estadísticas-INE), it appears that in of Medicine to screen and treat children for 1997 23.4 per cent of the total population were parasites and supply the required medicines. poor, but that this percentage goes up to 40 per ● The Municipal Building Department (Obra cent in the case of those under 18 (46.3 per Comunitaria) provides neighbourhood inhab- cent of the poor in the country). The youngest itants with materials for repairs and exten- age groups have relatively higher poverty lev- sions, etc. els: 46 per cent for the 0–4 age range and 38 ● The Women’s Committee (Comisión de la per cent for the 14-17 age range. This means Mujer) contributes to the technical teams in that children affected by poverty also have few the Centres specifically on educational opportunities to attain better standards of liv- activities intended to overcome sexist ing in the future. stereotypes and deal with gender issues in a The Nuestros Niños programme, as part of comprehensive manner. It also provides a the social policies implemented by the Munic- space for mothers through its municipal dis- ipality of Montevideo, offers children and fam- trict women’s unit. ilies from poor categories the opportunity to access educational facilities. These facilities The human resources available to Nuestros are then used for the implementation of activ- Niños fall into three categories: ities aimed at promoting the general develop- ● Employees of the Municipality of Montevideo. ment of children and impacting the families These include the central team members, and the community as a whole. the social workers of the district Centres and In the health area, the aim of the interven- the municipal hospital health teams. tion is to provide screening, follow-up and ● Local community members. These include early detection of any problems as well as pre- members of the civil associations co-manag- ventative information campaigns. In the area ing the programme and the Centre managers. of nutrition, children are guaranteed a nutri- Technical operational teams, including pri- tional intake which is suitable for their age, mary school teachers and educators from the and educational campaigns are provided to neighbourhood community, are responsible show how to optimise expenditure on foods in for the general management of the Centre in the home. the areas of education, welfare and hygiene. The educational initiative aims at establish- These teams, selected jointly by the Munici- ing a teaching method that will promote the pality of Montevideo and the civil associa- development of the potential of children tions, are contracted by the latter using funds through play and recreational activities, improv- made available by the municipality. ing their prospects when they move on to pri- 90 CHILDREN IN INSTITUTIONS: THE BEGINNING OF THE END?

mary school. These areas not only help the disciplinary Group for Psycho-Social Studies children but also strengthen bonds with their (Grupo Interdisciplinario de Estudios Psicosociales parents and bonds between adults, as the Cen- GIEP) at the Department of Medicine, inclu- tres act as a catalyst for social support, meet- sion criteria were modified in order to consider ings, friendship, cooperation and solidarity, and factors of a more qualitative nature within the strengthen social links and networks, which are various categories of poverty relating to chil- often greatly weakened in these areas. dren, their families and their relations with the The programme has also had an impact on surrounding social setting in order to identify the general population of the country and some differences in environmental, psycho-social risk. who are familiar with it maintain that this initia- The data collected in a new psycho-social tive now constitutes a model which could also survey now show that the current population be applied outside the specific area of poor fam- has the following features: ilies. With the creation of these education cen- 26 per cent single-parent families tres, society has received better information, 3 per cent substitute families increased its awareness and improved its 6 per cent teenage mothers responsiveness to the situation of children in 35 per cent fathers and mothers with only pri- Uruguay and the need to find concrete respons- mary school education es and actions to address the issues raised. 48 per cent unemployed mothers In the neighbourhoods where the crèches 24 per cent mothers without stable employment are located a number of initiatives have been 11 per cent unemployed fathers generated which have had an impact in many 28 per cent fathers without stable employment sectors ranging from members of various asso- 42 per cent families with housing problems, half ciations, children, their families and relatives, of whom have inadequate sanitary facilities adults wishing to be part of the educational 30 per cent overcrowding team, teachers from local schools, technical 15 per cent promiscuous living conditions support teams, local suppliers and traders. 89 per cent families belonging to no group, activity or institution. 5.2.3 Group features and goals Initially the Nuestros Niños programme was tar- In consideration of the fact that public geted at the area of structural or chronic pover- schooling had been extended down to the ages ty. With time, a number of questions arose in of 4 to 5, the programme focused on providing relation to a policy that was restricted to a pop- care to the 0-3 year age-group. In five Centres ulation affected by chronic and very serious the population involved comprised the 6 month economic and psycho-social deficiencies: to 3 year age range, and in the other 13 centres ● The weakness and variability of the response children in the 2 to 3 year age-group, giving a to this kind of service on the part of the total population of around 1,400 children. chronically poor. This translates into low The grant mechanism involves 15 institu- attendance, drop-out because of the fre- tions which are supported by means of 276 quent mobility of such a group, low integra- individual grants and by the various areas of tion of the families in a participatory man- action of the ongoing training programme. agement mechanism. All this results in a low A contract is renewed on a yearly basis impact for this kind of activity. with FIPEI (Federación Uruguaya de Institu- ● The tendency to exclude other categories ciones Populares de Educación Inicial – which, although poor, did not match the Uruguayan Federation of Public Pre-School inclusion criteria. It was found that the Institutions) to provide dairy products to 14 model had a greater impact on these families other Centres. If one considers the whole as shown by their commitment and involve- range of activities, the programme can be esti- ment with the initiative. mated to impact a population of approximate- ly 2,500 children. As of 1997, in coordination with the Inter- The Municipality of Montevideo finances THE CASE OF URUGUAY 91 most of the programme from its own budget. It they are considered as active participants in provides the local associations with the month- their own lives and surroundings, without any ly contributions for each child enrolled in their age, class, ethnic or gender conditioning. Centre. These contributions cover the total Appreciating the individual histories of sum of wages, social welfare allowances and each person is central to development and food to be provided. The Municipality also growth, as is the chance to determine one’s covers the costs of adapting premises, equip- vocation, by developing skills, capabilities and ment and teaching materials. personality. The cultural conditioning which assigns particularly rigid male and female role models 5.3 TOWARDS GENDER-BASED restricts the range of choices available and the EDUCATION: pursuit of new hopes and careers within soci- THE PROGRAMME ety. Teenage boys and girls thus live the most FOR ADOLESCENTS demanding and formative period of life often In 1995, the Women’s Committee together without the support required for personal self- with the programme for adolescents (Youth discovery, or the guidance which allows their Committee) of the Municipality of Montev- desires to be matched to their opportunities. ideo began a socio-educational initiative This process is more difficult for teenage geared to promote stronger citizenship in ado- girls – particularly those from families whose lescents by developing projects for gender- basic needs are unmet – since there is a equity socialization. stronger tendency for traditional female mod- Over the years this area of activity was els to be reproduced, placing them in positions modified on the basis of the achievements of greater social disadvantage. attained and the difficulties encountered. The Teenage Girl Zones have been found For example, following the establishment to be useful in promoting the process of per- of activities to promote the participation of sonal discovery and development, by bolster- teenage girls in youth centres with ‘Teenage ing self-esteem and developing participation. Girl Zones’ (Espacios Ser Mujer Adolescente) and The lessons learnt, and the doors which were gender-issue training for educators, in 1999 a opened, also led the boys to express their wish similar initiative called ‘Teenage Boy Zones’ to have their own space in which they could (Espacios Ser Varón Adolescente), was set up at talk about themselves, their doubts and prob- the request of boys who had found the experi- lems, leading to the establishment of Teenage ence of the girls interesting. Boy Zones. In this way the project called ‘Strengthen- Various instances of coordination and ing Citizenship in Teenage Boys and Girls’ exchange with a range of non-governmental (Fortaleciendo Ciudadanías de Adolescentes organizations working with adolescents from Varones y Mujeres), supported by UNICEF, has the poorer classes generated an interest in mov- succeeded in providing gender education for ing forward to build gender-based education. adolescents encompassing an approach to gen- erational issues dealing with the conditioning 5.3.1 Presentation faced by both sexes. The programme for adolescents is carried out The development of participatory and cre- in districts 14, 15, 16 and 17, located in the ative methods to address the problems of ado- north-eastern area of the Department of Mon- lescents remains a permanent challenge and tevideo. This is a programme which encom- requires a constant problem-solving attitude; passes a number of components: administra- this in turn becomes a learning process. tion is provided by three sectors of the This educational approach is underpinned Municipality: the health division, the youth by the conviction that the rights enshrined in committee and the women’s committee. The the Convention on the Rights of the Child can local authorities for the districts mentioned are become a reality for children and adolescents if involved, as well as NGO’s. 92 CHILDREN IN INSTITUTIONS: THE BEGINNING OF THE END?

The initiative combines comprehensive capabilities and preferences of each. They health care and facilities for recreation, culture thus become accustomed to stating proposals, and vocational training and an educational negotiating and taking decisions, and strength- component which is provided through primary en their self-esteem and abilities in interper- and secondary schools. On the whole, the spe- sonal communication. cial situation of young boys and girls is target- This leads to a collective output which, ed to expand equal opportunity situations. whether literary, theatrical, sculptural or com- Two multi-disciplinary teams, encompass- munications-based, always involves contact, ing medicine, psychology, social services, nurs- participation and involvement in a broader cir- ing and dentistry, cover health care, health pro- cle both within the Centre itself and in con- motion and disease prevention and are junction with other youth groups or organiza- available in three hospitals at times dedicated tions in the neighbourhood. exclusively to 12-19 year-olds. The Girl Zones could be described as hav- Six youth centres are involved. These are ing a function similar to schools where the distributed through the four areas covered. youngsters learn to understand themselves Based on the young people’s requests, they and perceive their abilities, and begin to offer activities in music, theatre, pottery, stretch the boundaries of what they can do. games, sports and recreation. In parallel, edu- Their self-esteem increases as they realise cational spaces for young women are provided their potential and develop the abilities that with recreational and expressive activities, they will require in order to respond indepen- together with specialized workshops in order dently to challenges at work, at school and in to strengthen female participation. setting up a home. As of 1999, special educational areas were Coordination is ensured by a team com- also organized for boys and young men, to prising a workshop specialist and an educator address their specific situations and complete attached to the youth centre. The workshop the range of activities promoting respect and specialist is responsible for following the group solidarity-based values and behaviour between and individual processes and contributes tools adolescents of both sexes. - ranging from ideas to techniques - to facilitate the implementation of projects. 5.3.2 Teenage Girl Zones - The educators provide a link between the a place to grow in Girl Zones and the youth centres, both in The ‘Zones’ are aimed at creating and terms of the participants and the overall pro- strengthening opportunities for teenage girls posals. to meet together and exchange their experi- Although each location has its own specif- ences. They also provide activities aimed at ic features, there are some aspects common to changing traditional roles and restraints and all the areas and these are useful in defining a developing skills which gender stereotyping specific method. frequently denies women, particularly in the case of those from poorer areas. ● The spaces respond to the girls’ need to have The activities are carried out in weekly their own secure and private area where they workshops lasting 90 minutes and are attended can reveal and discuss everyday situations by girls aged 13 to 18. The working method is where their rights are at stake in a way which based on games, self-expression and creativity, is not possible when boys are also present. supplemented by recreational and cultural Initially, the difficulties the girls mention outings, conversation, and much enjoyment are the usual difficulties the young face in rela- and laughter. tion to adults. They tend to declare that, “Dis- The girls discuss their needs, ideas and crimination is a thing of the past.” Only later, as their desire to be active. Together they assem- they develop their activities, do they bring out ble a work project, which requires organiza- the situations and needs related to the fact of tion, and distribute tasks according to the being women: lack of knowledge and worries THE CASE OF URUGUAY 93 about their bodies, doubts and fears concern- cause them pain or in which they are ing sexuality, difficulties and attractions relat- deprived. There is no attempt to ignore these ed to boys, discrimination within the family, at conditions, or to try to persuade the girls to school, at work, which are all expressed forget them, but gratification is also necessary through personal experience: and is an excellent source of motivation. Often the girls find satisfaction in being able “I’m horrible, I don’t like anything about myself.” to rise above a painful situation and discover “I don’t want to (have sexual relations), but I can’t that one can have an active role in deciding bring myself to say no; I’m afraid he’ll leave me.” one’s own life. In other cases, this results from “I had sex and I didn’t feel a thing.” the activity itself and the shared cheerfulness “My parents want me to be virtuous and to marry it generates. well (from a financial point of view).” The ‘Zones’ promote positive experiences, “There are some teachers who openly bother us.” a feeling of enjoyment, the attainment of personal and group achievements, and all this is Even though these issues emerge with done with a sense of humour even when diffi- varying degrees of frankness and may be worth culties are tackled. examining in mixed environments, when they are discussed among girls alone, greater per- ● The aim is also to stimulate the girls’ abili- sonal and affective involvement is possible and ties to design projects and bring them to change can be promoted more effectively. fruition. Discovering one’s creative energy and dis- The ‘Zones’ thus become useful tools to covering that one is capable of developing, bring specifically female issues out into the implementing and completing a project is not open so that girls can become aware of their just satisfying and enjoyable but is also a life- needs in an atmosphere of mutual confidence experience which leads to greater self-esteem and respect. and self-acceptance. However the experience in itself is not ● The group setting also makes it possible to enough to strengthen self-esteem. It was uncover the social dimension of these issues, found that it is also necessary to describe the facilitating the understanding and question- process and achievement, confirming them ing of the factors generating prejudice, dis- through verbalization. The experience may crimination and unhappiness in general. have been rewarding but unless it is verbalised it may become ephemeral and recede to a “Everybody goes through the same things I do!” memory without making any contribution to changes in self-perception. The next step is to seek alternatives and In most cases, the educators lead this promote changes in oneself personally and in process of experimentation and internalization one’s environment. Some situations, such as (from the inside out and from the outside in), depression, family conflicts or incidents of sex- appraising and expressing each person’s ual abuse, require special attention or outside process. This process is done on several occa- support either in hospital units for adolescents, sions, as if repetition itself were a mechanism to specialized services or through home visits. reinforce the belief system of each individual. The ‘Zones’ also provide a group the girls can belong to, which provides support and assis- The ‘Zones’ are also ways of discovering tance for their personal and collective growth. and activating the girls’ capabilities and potential for initiative, creativity and self-realization ● One part of the initiative is also learning through collective work so as to bolster their how to enjoy oneself and how to salvage self-esteem. humour and fun. Many of the girls are in situations which ● When collective achievements are present- 94 CHILDREN IN INSTITUTIONS: THE BEGINNING OF THE END?

ed to outside environments they become ● Coordination provided by a workshop spe- tools for social integration and encourage the cialist and an educator attached to each girls not only to appreciate themselves but centre. also to be appreciated by others. ● Selection of the workshop specialist with It was found that this kind of experience the participation of all the youth centres. lead the girls to change their attitudes within ● Monthly meetings of the methodological the youth centre and in other situations (com- assessment group in conjunction with the mittee for culture, community radio, etc.). programme for adolescents. The number of girls involved and the quality of their involvement in youth centres In this case, a new method had to be increased. Participation became more active, invented since no prior examples were known, and they began to feel confident enough to at least at national level. It is very rare for men express their opinions, propose activities, – whether they be youngsters or adults – to negotiate their interests and defend their posi- come together to analyse their problems. Men tions more assertively. These changes are sup- generally meet to pursue common interests of ported and assisted by the management teams, an external nature, such as sports, informal whose outlook has also been broadened by meetings with other males, gambling, work including a gender perspective. and women. Although a number of assumptions and Potentially therefore, the ‘Zones’ con- ideas were utilized, the aim was to create an tribute towards developing the social open attitude to what the boys and the educa- assertiveness and participation of the girls. tors (also male) were actually saying, though not always only in words. It was assumed that ● Since project-based work facilitates an in this case the aim of the initiative would not awareness of one’s own needs and the for- necessarily be a visible result but that the most mulation of strategies to meet them, they important purpose was to create an atmos- provide a method to support transition from phere of confidence in order to facilitate the a state of dependence to one of self-reliance. boys’ contacts with each other and awareness of themselves. As a result, the ‘Zones’ try to provide expe- The boys were drawn to the ‘Zone’ by var- riences, methods and resources which can ious activities of interest to them, after which facilitate the formulation of autonomous life they were encouraged to reflect on the issue of projects. their rights as males. The boys established a good link with the 5.3.3 Teenage Boy Zones - educators and approached them to ask person- possible strategies al questions and discuss their experience. The educators in the youth centres, the However, in group sessions, whenever person- women’s committee and the adolescent pro- al issues, particularly those involving emo- gramme had also intended to include teenage tions, were brought up they were always inter- boys in the gender-based socio-educational rupted by other boys joking, clowning or other approach to promoting changes in internalized forms of discouraging behaviour. male role models. However, the programme This kind of behaviour is linked to tradi- was only established following an explicit tional male stereotypes. In order to overcome request on the part of a group of boys who also these it is necessary to initiate a lengthy wanted a space for themselves. process to build up the mutual trust of the par- Four ‘Teenage Boy Zones’ were created in ticipants. the youth centres in districts 14, 16 and 17; A number of mechanisms were used by the these operate in a similar way to the ‘Teenage educators and the workshop specialist, but it Girl Zones’, as follows: was not always possible to break down resis- ● One 90-minute meeting a week. tance. If a space for dialogue cannot be estab- THE CASE OF URUGUAY 95 lished, generating problem awareness A number of the educators found that they becomes a very remote goal indeed. have no training for gender-relations education, in particular with regard to male issues in ado- “Once you meet them, you can classify some of them as lescents, but they also indicated their interest “doers”, who find it very difficult to talk or put any- in acquiring these skills. Analysing an individ- thing into words. For the time being I don’t think one ual’s involvement in processes of change and can speak with them, but if the space becomes a fixture personal attitudes to the dominant model of in their lives and an atmosphere of trust is built up, ‘maleness’, is also a necessary step in laying the these boys might come to other activities.” (educator) basis for a new method of bringing about “We need to induce or assist the changes required in change. order for there to be some degree of equal opportunity. And we need to begin with the prevailing values Strategies need to address some clichés: and the contradictions they contain to generate new ● On the one hand, proposals must be able to values.” (workshop specialist) contribute to a comprehensive response for boys from poorer categories. This does not This does not mean imposing another way imply a need to address all the aspects which of being a male in a compulsory way, but rather involve unmet needs and demands, but it is bringing out the problems that are caused by necessary to be aware of them and take them prevailing codes, attitudes and behaviour. into account in motivating meetings. The rights of these adolescents are very far ● The educational approach should avoid from being assured. Most of them live in con- abstract formulations (discussing males, dis- ditions of poverty or extreme poverty, have cussing sexuality) and aim to gradually and been excluded from the educational system, in increasingly identify problems. some cases even before commencing sec- ● The need to produce effective coordination ondary education, and live in families where between the Boys Zone and the Girls Zone so they encounter the worst forms of violence. that the male and female educators can under- Many of these boys have forms of behav- stand the processes at work among the boys and iour which expose them to risks (stealing, the girls. clashes with the police, drug abuse in public places, etc.) and which increase their social There has to be consistency between the vulnerability and make it more difficult for them to find jobs with some degree of gratifi- approach in the youth centre and the approach in cation or to continue their education. the gender ‘Zones’, so that situations of inequal- Working with them represents a multiple ity are not reproduced in the various educational challenge since they have been shaped by practices and teenage girls can be empowered. social and cultural patterns which are deeply The processes in the youth centre and the internalized and because of their exposure to gender spaces need to be subjected to critical stereotypes linked to their poverty, age and scrutiny on an ongoing basis and actions have gender. The image they have means that they to be amended where necessary. are automatically considered to be criminals, Gender-perspective studies clearly show dangerous and drug addicts. that it is essential to address males and male- Many of them subscribe to an exaggerated ness in order to establish gender-equitable version of maleness which they display relations between males and females. through an attitude that excludes men who are This raises the challenge of creating inno- considered to be weak, as well as women. vative proposals to deal with the essence of Affirming the need for a change in gender masculinity, which historically has been relations, and specifically in what it means to depicted as unchangeable. be male, involves establishing what the guid- The youth centres provide a special oppor- ing values are, the strategies to implement tunity to address male teenagers with the these values and identifying who will direct experience acquired in constructing gender- this process. based educational models for teenagers. 96 CHILDREN IN INSTITUTIONS: THE BEGINNING OF THE END?

The Boys Zone is fruitful as it is not only a awareness of the intrinsic rights and dignity of field of investigation of personal and group children and adolescents. processes in adolescents and youth, but it also offers an opportunity to test new educational 5.4.2 Description of the District methods and approaches which obviously District 11 is characterized by intense popula- involves each of the educators in terms of their tion growth, mainly fuelled by the continuous role as well as their gender. expansion of shantytown areas. According to CEPAL: “The unregulated set- “We need a space where men and boys can talk and tlements can be seen as one of the main areas in say what they really feel inside. Generally, words are which residential segregation has been occurring. not very significant for males, the way one acts and (...) The number of houses in these areas increased moves is more important. Words are associated with three-fold over a period of ten years and the growth the female dimension. We educators have a lot of rate accelerated as of 1990.” responsibility for this. If something happens to a Most of the population in the settlements young girl, I sit down with her for half an hour to is made up of young couples with children. find out what the matter is; but if it’s a boy I just say Children under 10 are the age group most a couple of things and am sure he has understood. affected. We need to recover the importance of words, make it In the Casavalle and Aparicio Saravia sub- possible for them to speak of what they feel, talk areas there is a high concentration of poor about their feelings and give an assurance that they households, with more than 46.9 per cent clas- will be listened to and respected. When words are sified as NBI (Basic Needs Unmet), which is given their worth, there is no room for jeering.” the highest ratio anywhere in Montevideo. It is worthwhile emphasizing the high proportion of children in the poorest homes: more 5.4 OPPORTUNITIES than 40 per cent of the under-14’s live in 20 per FOR THE POOREST. cent of the houses. THE CHILDREN AND According to assessments made by the ADOLESCENTS municipal authorities and the opinions of the OF CASAVALLE inhabitants, the worst problems in the area as a 5.4.1 Background whole are: Casavalle, where a social welfare initiative was ● Lack of infrastructures and general services carried out over five years in cooperation with to meet the population’s basic needs (sanita- UNICEF, is one of the poorest areas in the city tion, housing, food, health, educational facil- of Montevideo, with a high concentration of ities, recreational facilities, public areas etc.). children and adolescents, unlike the rest of the ● Unsafe conditions, drug addiction, crime. capital. ● Insecurity in tenure of land and housing. The aim here has been to create a multi- ● Pollution of soil, rivers, and air mainly sectoral strategy to impact poverty factors and caused by rubbish tips and toxic waste. provide children and adolescents with better ● Shantytowns along the Miguelete and opportunities for full development. Casavalle basin streams. Many of the initiatives taken within the ● Insufficient, infrequent and erratic public scope of the project became part of the educa- transport making for problems in reaching tional strategies of a number of social organiza- places of work, education and health care. tions. The local authorities in Montevideo’s Surface conditions, infrastructural problems District 11 established official networks and and lack of safety also make it difficult or multi-sectoral management as effective strate- impossible to find taxis and ambulances in gies to address the effects of poverty. And on some neighbourhoods in the area. 25 November a celebration of Children’s ● The high unemployment or sub-employ- Rights is held representing a symbolic mile- ment rates in the country are made worse in stone in the collective efforts to improve this area because of few or no opportunities THE CASE OF URUGUAY 97

to find work, because of low training levels ● Develop a sexual and health education pro- and the stigma of living there. gramme in all schools that encompassed ● Higher than average Infant Mortality Rates, teachers, mothers and students as a way to cases of chronic under-nourishment, adoles- promote self-esteem and self-knowledge, cent and teenage pregnancies, high school prevent early and unwanted pregnancies, dropout and failure rates. sexually transmitted diseases and to pro- ● Lack of schools because new ones have not mote responsible and solidarity-based sexu- been built to keep pace with the population al ethics. growth. ● Lack of pre-school centres, crèches, and 3. Implement a model of action addressing fac- infant care centres to help families bring up tors that cause higher school dropout rates young children. and the consequences of leaving school. For this purpose it was proposed to: 5.4.3 Activities: opportunities ● Reinforce the effectiveness of teachers by for the poorest providing extra technical support in the Activities were mainly directed at children areas of expression through games and the from 0 to 12 years of age, and pregnant girls promotion of reading. and teenage mothers from 12 to 19 living in ● Create recreational and relaxation areas in the Casavalle and Aparicio Saravia sub-areas, schools so as to improve their surround- but also involved adults, parents and educators ings and encourage alternative forms of and the local organizations established as conduct to violence inside and outside counterparts to create better opportunities for school. children and adolescents in the districts. ● Consolidate local networks for childhood Given the complexity of the problems by creating meeting areas and coordinated faced by children and pregnant teenagers, the activities, emphasizing the district Chil- programme set out a strategy aimed at imple- dren’s Rights celebrations. menting a number of complementary activities, so as to ensure a suitable and comprehen- 5.4.4 Achievements of the Programme sive response to the specific socio-cultural The following are specific results achieved features of the population. over a period of years: Goals were defined for each group according to the following criteria: ● An on-going training programme was estab- 1. To provide for the full development of chil- lished under the authority of the Municipal dren from birth, promoting care during preg- Community Health team for community nancy, encouraging breast feeding, early health workers on care and monitoring of childhood development and pre-school edu- babies and infants. cation as ways of ensuring a “good start”. For this purpose it was proposed to: This programme reinforced the health pro- ● Establish an ongoing training programme motion activities carried out by the local com- for community health workers on the care munity health officers and the public hospitals and monitoring of new-borns and infants. which took part in various training events on HIV-AIDS prevention, sexuality and affection, 2. Developing a comprehensive support pro- drug use, maternal breast feeding and gramme for pregnant girls and teenage women’s reproductive and sexual health. mothers as a way to break the poverty cycle. For this purpose it was proposed to: ● Early childhood stimulation and psychomo- ● Establish collective self-help areas to pro- tor development was included in pre-school vide counselling and guidance to pregnant centres included in the Nuestros Niños teenagers and mothers and establish municipal programme. mutual aid networks. These sessions had a major impact on fam- 98 CHILDREN IN INSTITUTIONS: THE BEGINNING OF THE END?

ilies and children. Improvements in language factors in the process. Local institutions oper- skills were observed as well as greater creativ- ating in labour, educational, health and other ity, task and game concentration, and lower areas relating to teenagers were contacted to aggressiveness and restlessness. establish a network of assistance for the girls. The families displayed changes in the way they related to their children and stimulated ● Sexual and affective education in the them. It was interesting to note an improved schools of Casavalle with final year students, relationship between parents and the institu- mothers, fathers and teachers. tions (kindergartens and hospitals) due to the ability to make practical suggestions as to how The workshops organized made it possible to continue some activities and initiate others to respond to a need which is neglected at which would be beneficial to them as individ- school because of the lack of any official sexu- uals and parents. The educators and technical al education programme in Uruguay. staff involved in the activity were able to In view of the living conditions of the fami- expand their training and learn skills which lies in the area and the prevalence of sexual and could be applied in everyday practice. domestic violence and sexually transmitted dis- Of particular interest was the method of eases, it was possible to provide gender- combining collective play areas geared to focused, comprehensive sexual education in a developing psycho-motor skills, with the areas single location for all the workshop participants. for group discussion on the constraints faced The courses were given by a team com- and childhood development. prising a gynaecologist, a psychologist and a social psychologist who used a participatory ● Establishment of a permanent comprehensive and dialogue-based method, starting with the support area for pregnant girls and teenage personal knowledge of the participants and mothers as a way of breaking down the pover- working gradually from the individual to the ty cycle. collective level, in order to construct a new body of information which could become a Areas for counselling, guidance and mutual part of people’s actions, feelings and thoughts, help were found to be a successful strategy and creating a climate for change. they were institutionalized at the Casavalle hospital. With the additional gynaecological ● Establishment of a methodology to address check-ups provided by municipal medical staff, the problem of high school drop out rates this meant that comprehensive care for teenage pregnancies could be provided. and the consequences of leaving school. It should be mentioned that this approach was extended to other municipal hospitals, The model was found to be useful in: thus becoming a model for care. – Promoting reading and writing. This initiative had a practical impact on – The games and self-expression area. the lives of each of the teenagers involved. – Opening the school to the community and The psychosocial approach followed made it to parent participation. possible for the girls to address problems relat- – Strengthening the link between teachers ing to their life-styles, enrol or re-enrol in and parents. school or train for work after giving birth. And – Progress and final performance of students. in all cases they were helped in establishing a – Improvement in teacher effectiveness. satisfactory bond with their children. – Development of new class organization The most difficult issue to address was models. that of relations with the families of origin. Very rarely were any changes achieved when a Social work with the families of some first complete rupture had taken place. year children made it possible to identify and Peer-support networks and an awareness avoid the presence of factors leading to school of community resources were found to be key failure or drop-out, which contributed to an THE CASE OF URUGUAY 99

early diagnosis of learning problems. 5.4.5 Impacts The workshops that organized games and The following are some of the main impacts self-expression proved to be useful ways of observed during the implementation of the encouraging self-discovery through a number project: of games activities as well as the recovery of ● Pooling of resources made available by a the pleasure and enjoyment of play. number of institutions, such as the munici- The aim of creating a place where one can pality, UNICEF, the National University, meet and exchange news and chat, was NGO’s, social organizations, public and pri- attained through the initial general meetings vate local institutions. and the play and recreational areas. ● Enhancement of municipal programmes and The educators and teachers made use of initiatives directed towards children the training opportunities to include new com- (kindergartens, snack bars), teenagers ponents in their educational work. (youth centres, skills centres), health care The focus on play and self-expression thus (municipal hospital, community facilities). makes it possible to: ● The involvement of local government bod- ● Create spaces which endow schools with a ies (local and neighbourhood councils) in pleasurable and creative dimension that pro- the process of implementation of the project motes the motivation and integration of chil- activities. dren inside the educational setting by offer- ● The establishment of networks as the result ing positive and enjoyable experiences. of coordination between institutions and ● Generate and develop tools for change to organizations through the pooling of avail- improve interpersonal and group relations able resources. This contributed to a greater and individual self-esteem. effectiveness of the activities undertaken. ● Recover the ability to feel and communicate ● Training activities which enriched the scope through play and self-expression. The emer- of action taken by teachers, practitioners, gence of common strategies that promote a day-care centre committees, multi-discipli- critical awareness of the need for change and nary health team members and NGO staff. responsible assertiveness is also facilitated. This training also made it possible for the focus of action to be maintained. Workshops to encourage reading were another strategy incorporated into the model of action, focusing on developing children’s 5.5 THE CAIF PROJECT. self-expression. Activities promoted were INTEGRAL DEVELOPMENT classroom libraries, plastic arts workshops, FOR BOYS AND GIRLS: physical expression areas and games libraries STRENGHTENING (board games). These activities were supple- OF FAMILIES IN POVERTY1 mented by outings to theatres, cinemas, 5.5.1 Childhood and poverty amusement parks, zoos and botanical gar- in Uruguay dens. The CAIF Project was initiated in 1988 as a response to the high poverty levels found in ● Develop a district Childhood Network so as to households with children, and the relative ensure cooperation between social organiza- inefficiency of social expenditure. tions and private and public institutions work- In Uruguay more than 40 per cent of chil- ing with children. dren are born in poor households. The fact that almost half of the country’s children live This was achieved through district coordi- in a condition of poverty is a bleak stain on nation meetings to implement joint activities Uruguay’s prospects for the future. addressing the issues of child abuse, environmental protection and to prepare a district 1 Executive Secretariat for the CAIF Project, Montev- exhibition on children’s rights. ideo, May 2001. 100 CHILDREN IN INSTITUTIONS: THE BEGINNING OF THE END?

Table 1 shows that poverty within the these are the sectors where most children are country tends to be concentrated in the earli- born. It would seem obvious, therefore, that est stages of life. The UNDP document on programmes aimed at improving child devel- Human Development in Uruguay (1999) opment should be reinforced by comprehen- warns of “the risk that, because of lack of sive family support policies. investment in future generations, there will be Stimulating the development potential of a progressive loss of human and social capital families and strengthening their social support for the future of the country. The poorest sec- networks, enable healthier processes of integra- tors are bearing the weight of the biological tion and progressive adaptation to occur. As can and social reproduction of the country. Cou- be seen, programmes need to be based on inter- ples without children show low poverty levels action and strengthening the bonds between (nuclear households without children 1 per children and all those who are necessary and cent of poverty prevalence, Katzman, 1996), important to their development (Grupo Interdis- but when they have children they tend to be ciplinario de Estudios Psicosociales GIEP, 1996). affected by the most adverse situations.” The CAIF Project began to be implement- The authors of the Report on Human ed in 1988 following an agreement between Development in Uruguay warn that there is a UNICEF and the Government of Uruguay. “need to strengthen protection systems for The backbone of the plan is provided by the children and younger generations in a context Child and Family Care Centres (Centros de Aten- where markets and life cycles seem to punish ción a la Infancia y a la Familia) established in them very harshly.” UNDP, 1999. the neighbourhoods where the families with the greatest needs live. It developed as a “response 5.5.2 The CAIF Project: mission, to the presence of high poverty rates found in goals, strategies and resources certain population groups and the relative inef- The importance of the psycho-social problems ficiency of social expenditure allocated to pro- which affect development in poorer sectors grammes aimed at combating the situation” and the complexity of dealing with them (quote from the above-mentioned agreement). shows that without adequate and timely action Until March 1990, implementation was in the future potential of the country will be the hands of the National Commission for Chil- jeopardised, even more so if one considers that dren, Women and Families ( Comisión Nacional del Menor, la Mujer y la Familia), which was Table 1 made up of representatives of the various min- Percentage of poor according to age groups. istries and public institutions involved in the Uruguay: 1989 - 1997. Project. On 21 June 1990 the executive authority decided to transfer implementation of the Age 0-5 6-13 14-29 30-64 65 plan to the Management Committee of FISE - and over the Fund for Emergency Social Investment (Fondo de Inversión Social de Emergencia), and at 1989 46.7 46.7 31.2 22.9 15.5 a later stage responsibility for implementation 1990 51.2 48.2 33.7 25.1 17.2 was brought under the direct control of the 1991 45.7 44.1 29.5 21.8 13.0 Presidency of the Republic. With Law 16736, 1992 42.4 40.6 26.3 18.8 9.4 dated 5 January 1996, the National Parliament 1993 38.4 36.9 24.5 16.8 8.4 entrusted the Instituto Nacional del Menor with 1994 38.1 36.7 22.8 16.0 7.2 responsibility for general coordination of the 1995 42.2 38.7 25.0 17.9 8.3 CAIF Project and made the Executive Secre- 1996 45.0 39.9 26.8 18.6 8.7 tariat part of its structure. 1997 46.5 41.0 27.4 19.6 8.3 Source: Instituto Nacional de Estadística (INE). Encuesta Con- Mission tinua de Hogares (ECH). Taken from “Human Development in ● The CAIF Project represents a commitment on Uruguay”, 1999, UNDP. the part of both the State and civil society - orga- THE CASE OF URUGUAY 101

nized into Civil Associations for the care of chil- agreement) a mechanism of cooperation dren under four and their families - to establish between State bodies and civil society, orga- prospects for social equity and to overcome sit- nized as Civil Associations with recognised uations of exclusion and marginalization. legal standing. ● Inter-institutionality: Public institutions at Goals national and departmental level are simulta- ● To improve the conditions for development neously involved in the CAIF Project. and the social insertion of families exposed to Participants at the national level are: social risks, and to contribute to the develop- The National Institute for Children - Instituto ment of young people’s potential in order to Nacional del Menor (INAME) overcome any social constraints which may The National Institute for Nutrition - Instituto hamper their future opportunities. Nacional de Alimentación (INDA), ● To promote integrated action on the part of The Ministry of Public Health - Ministerio de public institutions, departmental authorities Salud Pública (MSP), and Civil Associations in addressing the The National Administration for Public Edu- needs of families with children under the cation - Administración Nacional de Educación age of 4 living below the poverty line. pública (ANEP), ● To improve the coverage and quality of care The Ministry of Education and Culture - Min- for children, women and families provided by isterio de Educación y Cultura social programmes targeting poverty-afflicted Representatives of the National Conference of population groups, by developing innovative Mayors - Congreso Nacional de Intendentes. strategies, approaches and methods. Participants at departmental level include: Target population Civil Associations involved in the Project ● Families with children under the age of 4 in The Municipal Authority situations of social vulnerability and exclusion. Departmental Boards of INAMF ANEP Inspectorates 5.5.3 Strategies in the CAIF Project MSP delegates. ● Interaction between State and civil society: the ● Decentralization: it is hoped that decision- CAIF Project is the first social programme in making powers be increasingly devolved to Uruguay to establish formally (by means of an departmental and local levels. ● Community participation: areas for communi- Table 2 ty-level participation by individuals, groups Type of poverty according to age groups and local social organizations, with the goal in 1994 (per cent of individuals) of creating a situation where they can contribute to the development of their own MONTEVIDEO communities and families and particularly Age 0-14 15-59 60 and over the children living within them. Type of poverty Recent 22.2 17.4 14.3 5.5.4 Resources of the CAIF Project Chronic 12.0 4.9 1.7 Inertial 3.3 1.8 0.9 The human and material resources, strategies for action and initiatives of each centre are the INTERIOR outcome of coordination between the various Age 0-14 15-59 60 and over actors involved in the Project. The interaction Type of poverty between State Institutions and the Civil Asso- Recent 15.1 13.1 7.0 ciations participating in the CAIF Project is Chronic 18.7 9.2 2.9 formalized in an agreement in which each of Inertial 10.5 7.9 6.7 the contracting parties establish obligations, Source: MEC/OPPFAS, 1996. Taken from “Human Devel- rights and provisions of the contract. opment in Uruguay”, 1999. UNDP. The State establishes the overall interven- 102 CHILDREN IN INSTITUTIONS: THE BEGINNING OF THE END?

tions; defines the framework of the project; health and nutrition) it selects technical staff establishes general technical guidelines; pro- in accordance with the number of children vides training opportunities; allocates concerned and the psycho-social characteris- resources for the operation of the centres; tics of the target population in each centre. monitors, oversees and assesses performance Two thirds of the 200 Civil Associations are on the basis of the goals negotiated with the made up of neighbourhood organizations, the other actors. Each state institution has a spe- remainder being social clubs, religious and cific role inside the CAIF centres: trade union organizations. They can rely on ● INAME acts as a channel to transfer finan- advice provided by technical teams contracted cial resources for the operation of the cen- by means of a selection process and appointed tres (10 million dollars per year) and also in agreement with all the Civil Associations in provides technical experts to deal with man- a given department. The coordination of the agement, supervision, support and monitor- various actors and responsibility for the Project ing of programmes. at state level is in the hands of the Executive ● INDA contributes dry foods and the techni- Secretariat, which is a part of the structure of cal experts to run programmes on nutrition- INAME. al education, nutritional awareness and At another level, the international agencies nutritional assistance. cooperating (UNICEF/UNDP) make their ● The Municipalities help Civil Associations contribution by means of financial and techni- to open new centres, provide premises, fresh cal resources and by helping to liaise with food and guarantee relief from municipal international agencies with similar pro- taxes. grammes within the region. ● The Ministry of Public Health coordinates The effort to mobilise Civil Associations the centres’ preventative medicine and and to provide momentum and input from health promotion programmes. public and private organizations, is made to try ● The Ministry of Education and Culture sup- to transform the community members from ports the establishment and consolidation of passive recipients of state assistance to actors Civil Associations and monitors the imple- with goals that contribute to the development mentation of the recent Law on Crèches. of their communities and families and, in par- ● ANEP provides support by ensuring co- ticular, the children living within them. ordination so as to avoid duplication of services and also contributes to the training and 5.5.5 Results achieved selection of the teaching staff in the centres. by the CAIF Project From its outset, the CAIF Project was subject The distribution of tasks and the interac- to assessment by external experts who were tion between the various state institutions independent both of State institutions and the makes for better utilization of resources by centres. In the 1997 assessment, after almost 10 boosting, integrating and expanding their years of operation, a number of strengths were impact and avoiding overlapping and uncoor- identified, and can be summarized as follows: dinated actions with and in the community. ● Satisfactory focus on the poorest sectors. 88.6 On the other hand, civil society as orga- per cent of households were in a situation of nized in Civil Associations manages the poverty. Of these, 61.6 per cent were charac- resources and runs the CAIF centres, using the terized by chronic poverty and only 8.6 per authority and the ability they have to adapt cent were above the poverty line with their general interventions to the specific features basic needs met. of each local situation in line with the level of ● Active participation of citizens organized in organizational development they have Civil Associations. Structures were formal- attained. In order to achieve the goals set out ized and their constitution was satisfactory for the various areas concerned (pre-school (legal standing, membership, management activities, family and community work, child board). THE CASE OF URUGUAY 103

● A high level of task-motivation on the part Nor were any positive effects seen on the of the teams working in the centres. development of children when the time spent ● Acceptable levels of coordination with pub- in the CAIF centre was considered. In actual lic and private institutions inside the cen- fact, the longer the stay the greater the preva- tres’ neighbourhoods. lence of children in the retarded category. ● Cooperation with the centre by neighbour- These results spurred an analysis of the hood inhabitants. weaknesses of the plan indicated in the assessment document. According to the report pro- Despite these strengths, when the results duced by CLAEH – the Latin-American Centre were analyzed, in particular with regard to the for Human Economics (Centro Latinoamericano situation of children, it was seen that there de Economía Humana) the following aspects were also some weaknesses which had charac- needed to be singled out: terized the project from its outset and which ● 80 per cent of the members of technical needed to be remedied. teams undertaking educational activities Psycho-motor development of children with children lacked any specific training. had improved compared with the previous The teachers with responsibility for coordi- assessment in 1991. However, it did not show nation had a high turnover rate and only one any significant improvement over the results third of them were specialized in pre-school found by Juan Terra and his team, with chil- education. The quantity and quality of the dren from poor urban areas in the 1980’s.2 teams fell short in terms of child/adult ratios, In 1991, when the project began, a low pro- training and inter-disciplinary skills. portion of children displayed normal develop- ● The CAIF centres lacked clear lines of ment (25.3 per cent ) and a high proportion was intervention. 71 per cent of centres failed to described as being at risk (40.3 per cent ), or develop an institutional project, activities having retarded development (34.4 per cent). were centred on children and their planning In 1997, the percentage of normal children was not given an institutionally recognized rose by 22 points. One of the explanations for time or place. this increase between 1991 and 1997 (from ● There was a lack of systematic and integrat- 25.3 per cent to 47 per cent ) was the better ed work with families in most of the centres: level of nutrition. However, the improvement was found to be disappointing in view of the very low baseline levels with which the com- Table 3 parison was made and the cost of the invest- Comparative results of psycho-motor ment made. Table 4 compares the level of development in children development achieved by children in the Psychomotor 1991 1997 CAIF centres with that found in poor urban Development TEPSI Rating Rating children of the same age group. Not only does Retarded 34.2 20.5 the Project have no visible positive impact on At-risk 40.5 32 the children, but it actually seems to have a Normal 25.3 47.3 certain negative effect, since the percentage of (upper-normal 11%) children with retarded psycho-motor develop- 100 100 ment is twice as high. Development was also inadequate, with a high proportion of children Source: “Evaluación del proyecto de desarrollo institu- in the retarded category (17 per cent). cional CAIF”. Primera parte. Centro Latinoamericano de Economía Humana (CLAEH), August 1997. When one analyses the psycho-social risk factors present in mothers, the low impact of the plan is confirmed. The proportion of chil- 2 Terra, Juan Pablo et al.: “Los niños pobres en el dren whose mothers are in the low psycho- Uruguay actual: condiciones de vida, desnutrición y retra- so psicomotor” (3 vols.), Montevideo, Centro Lati- social risk category and yet are at risk or have noamericano de Economía Humana (CLAEH); Serie retarded development is too high (17 per cent). Investigaciones Nos. 596061, 1989. 104 CHILDREN IN INSTITUTIONS: THE BEGINNING OF THE END?

52 per cent of families took part in no type analyze them in participatory workshops. of activity available and 47 per cent stated Goals and targets for the 1998/2000 period that their participation only involved tasks were re-defined: such as cleaning of the premises. ● General goal: Improve intellectual, emotional ● There were problems with the infrastruc- and social development of children in the ture of the centres and teaching materials CAIF centres. Target: Increase the number of and tools were insufficient and inadequate. children with normal psycho-motor develop- ● Families did not consider the CAIF centre ment by 20 per cent. to be a point of reference for social problems ● General goal: Contribute to the development of connected with their environment. families’ potential to improve their quality of life and social insertion. Target: Ensure that 40 Table 4 per cent of the families were part of the Cen- Psycho-motor development in children from tre’s programmes and services. ● 2-4 years of age in the CAIF Project in 1997; General goal: Achieve an efficient and sustain- poor and non-poor sectors able management over time in the Associations to help achieve the goals they set themselves Psycho-motor CAIF Plan Poor Non-Poor within the framework of the Project. Development 1997* Sectors** Sectors*** TEPSI % (%) (%) In order to achieve these goals it was nec- 2 to 4 years 2 to 4 years 2 to 4 years essary: Normal 47.2 64.3 89.3 ● To develop a conceptual framework for all the At-risk 32.3 25.6 8.9 activities of the centres. This was based on the Retarded 20.5 10.2 1.8 acknowledgement that without a strong integration of families in the centres and effective Source: * “Evaluación del proyecto de desarrollo institucional community participation it would be impossi- CAIF”. Primera parte. CLAEH, Augusst 1997. ** Data from a ble to accomplish the project mission: “the full survey of poor urban areas in Uruguay (J. P. Terra and others, and complete development of each child”. In CLAEH, Centro Internacional de Investigaciones para el order to achieve this it is necessary to work with Desarrollo (CIIDIDRC), UNICEF, op.cit., 1989). families so that they can consolidate adequate practices in bringing up children, and to The level of psycho-motor development in strengthen social networks. The emphasis will CAIF children classified as “poor” or “non- be placed on processes to educate and promote poor” based on household income was individuals and families, and reinforcement of analysed. The table shows that CAIF has no family, community and social networks, rather positive effect on the psycho-motor develop- than on meeting needs. ment of the children from poor families, but only on children from non-poor households. These weaknesses led to a reformulation of Table 5 the Project. Psycho-motor development according to socio-economic conditions for children 5.5.6 Reformulation of the Project attending CAIF in 1997 The conclusions of the 1997 external assess- Psycho-motor Poor Non-Poor Non-Poor** ment of the Project challenged the partici- Development % (%) Sectors (%) pants to build on the existing strengths and TEPSI-1997 correct the weaknesses, by trying methods in line with the Convention on the Rights of the Normal 46 55 89.3 Child to ensure equal opportunities and over- At-risk 33 28 8.9 come conditions of exclusion. The results of Retarded 21 17 1.8 the assessment were reported in 1997 and all of those working in the project were invited to Source: as Table 4. THE CASE OF URUGUAY 105

● To begin a process of on-going training in line consider aspects related to the scientific with the goals and the features of the Project knowledge of child development, the role of and the target population so as to ensure the the family and rights. strengthening and development of the techni- Educational programmes and programmes cal teams and the civil associations. The train- to stimulate development which were based ing process should include the assessment and on parent initiative and were supported by certification of the skills of the staff assigned to professionals have achieved better results than educational tasks. more conventional programmes. The CAIF ● To define and redefine management models centres should provide services directed to providing guidance on building conditions, families, to assist parents, or other parenting teaching materials and roles, functions and individuals, to prevent risk situations caused responsibilities of the participants at all levels. by isolation and/or the difficulty of solving everyday problems in the education and upbringing of children. Table 6 All the programmes and projects imple- Psycho-motor development according mented in the various areas have been rede- to psycho-social risk factors affecting mothers fined according to this notion, i.e. the family is in CAIF Centres, 1997 the cornerstone for the development of chil- Psycho-motor Low Medium High dren and the social network is the cornerstone Development Risk Risk Risk for the development of the family. To achieve TEPSI-1997 (%) (%) (%) this it is not enough to simply hope that mothers and fathers will participate, it is also neces- Normal 53 48 40 sary that some kind of organization should At-risk 30 32 35 exist to facilitate this, by defining suitable Retarded 17 20 25 spaces, times and methods. Source: as Table 4. 5.5.7 Main results obtained following reformulation Table 7 Psycho-motor development of children Psycho-motor development according to time The external evaluation performed from Sep- of attendance of CAIF Centre. Children from tember to December 1999, two years after the 2-4 years of age, 1997. earlier evaluation, emphasized that “positive Psycho-motor Under Over changes are taking place at all levels”. “One of Development six months 1 year the things which is visible is a substantial TEPSI (%) (%) improvement in the level of psycho-motor development of children – 67.1 per cent of Normal 47 50 children were in the normal category, 22.4 per At-risk 40 30 cent in the at-risk category and 10.5 per cent in Retarded 13 20 the retarded category, compared with the 1997 Source: as Table 4. figures which were 47.3 per cent, 32 per cent and 20.5 per cent respectively.” In two years the proportion of at-risk and The CAIF centres, as indicated by the retarded categories for psycho-motor develop- Convention on the Rights of the Child, should ment fell by 20 per cent, whereas children “reaffirm the need to provide children with with upper-normal development increased by special care and assistance in accordance with 20 per cent (11 per cent in 1997; 30.2 per cent their vulnerability”; and reaffirm “the primary in 1999). responsibility of families with regard to protec- The level of development attained is sim- tion and assistance”. The various programmes ilar to that observed in poor urban populations and services developed in the centres should in the same age group. However, one should 106 CHILDREN IN INSTITUTIONS: THE BEGINNING OF THE END?

bear in mind that when the children entered risk is a compound term which takes into the centre, their development levels were account a number of factors: family violence, lower than those found in 1989 in poor urban over-assessment of the maternal role, domi- populations (upon enrolment in the project nant male attitudes, fatalism, despair and 56.2 per cent of children were rated normal, exclusion of the child from communication. whereas the figure for poor urban populations According to the external assessment per- was 64.3 per cent). formed by CLAEH, “a comparison with the results observed in 1997 shows a clear Areas of change in the CAIF Project improvement in this area”. The 1997 results The results achieved with the psycho-motor showed a balanced distribution in the low, development of children, although encourag- medium and high risk areas. In 1999, four out ing in view of the short time involved, are still of ten mothers were in the low risk area, four not satisfactory. In the two years considered in the medium risk area and less than two in the Project underwent notable changes in the high or very high risk category. Obviously other areas. This ability to change rapidly this major change in mothers’ attitudes, which seems to show that the centres involved in the Project have considerable potential. Table 8 Comprehensive actions in the various areas Comparative results of psycho-motor 77 per cent of CAIF centres have developed development in the CAIF Project, poor sectors an institutional project which allows them to undertake a comprehensive approach to the Psycho-motor 1991 1997 1999 various areas (1997, 29 per cent). This was Development Rating Rating Rating assisted by the inter-disciplinary constitution TEPSI of the teams, since two thirds of them have a Retarded 34.2 20.5 10.5 social worker and a psychologist and only 3.3 At-risk 40.5 32.2 22.4 per cent of centres do not have technical Normal 25.3 47.3 67.1 experts in the psycho-social area. However, it (upper (upper is still necessary to improve the frequency of normal normal meetings, ensure they are accepted as an inte- 11%) 30.2%) gral part of institutional planning, and reach a 100 100 100 better integration of educational staff with other technical staff. Source: “Evaluación del proyecto de desarrollo institucional CAIF”. Part 2. CLAEH, December 1999. Integration of families Links with families, as well as their qualitative and quantitative level of participation, were Table 9 intensified. According to the information pro- Psycho-motor development in children from vided by the families themselves, three quar- 2-4. CAIF 1999, poor sector ters of them have a high level of participation Psycho-motor CAIF Poor and are involved in 70 per cent of the activi- Development 1999 Sectors ** ties. Teachers, members of the Civil Associa- TEPSI (%) (%) tions and parents provide similar reports as to whether parents’ participation is good or very Normal 67.1 64.3 good. Mothers have an excellent opinion of At-risk 22.4 25.6 the quality of service provided in the centres. Retarded 10.5 10.2 Source: “Evaluación del proyecto de desarrollo institu- Reduction of psycho-social risk factors in mothers cional CAIF”. Part 2. CLAEH, December 1999. A significant reduction of psycho-social risk ** Data from a survey of poor urban areas in Uruguay (Terra and others, CLAEH, IDRC, UNICEF, op. cit., 1989). factors was observed in mothers. Psycho-social THE CASE OF URUGUAY 107

is linked to the way they see their lives and were evaluated both before and after the work- their family relations, is reflected in all of the shop. The areas assessed were psycho-motor indicators which make up the psycho-social development of children, child-rearing prac- risk index. tices and the emotional state of mothers. 48 Exclusion of children from communication per cent of children studied were boys and 52 and dominant male attitudes fell by half and per cent girls; 30.5 per cent were up to 12 family violence fell by a third. Fatalism and months of age and 69.5 per cent were 13 despair was the risk factor which changed least. months of age or more. The programme has a significant positive Improvement in educational work effect on those who attend 10 or more work- The assessment observed a substantial improve- shops. It has an impact in changing child-rear- ment in the educational work at the centres: ing practices, attitudes and emotional states in ● In almost all centres (97 per cent), educa- adults: tional work was planned by all the teaching ● It improves mother-child interaction. and educational staff (in 1997, the figure was ● It enriches adult-child communication. only 42 per cent). ● It makes child-rearing patterns used by ● In a significant percentage of centres, plan- adults more flexible. ning is reviewed on a daily basis. ● It promotes the acknowledgement and under- ● Half of the teachers working in the CAIF standing of the potential that adults have to centres are specialized in pre-school educa- assist child development, encourages self- tion. Those not already specialized are certi- affirmation of the parental role, and increases fied through a joint skills training process maternal willingness and availability. provided by an IDB project. ● It furthers the acknowledgement of chil- ● The role of teachers responsible for coordi- dren as individuals with their own needs nation has been strengthened. There is a and desires. It facilitates the process of sep- clearer understanding of the tasks involved aration and autonomy. and teachers with this role have been inte- ● It reduces male-chauvinist attitudes in the grated into family programmes. upbringing of children. ● The motivation of the teaching staff is high. ● It increases the self-esteem of adults. It ● Child-adult relations have improved. brings about an improvement in emotional expression. In 1998 a training plan was begun for edu- ● No significant changes in family organiza- cational staff which continued until late 1999 tion and parental functions are seen after when a skills assessment was performed. 150 only one series of workshops. of the 200 centres allowed their staff to undergo a theoretical and practical job skill test. Cur- Significant changes are produced in the rently 80 per cent of the centres have compe- psycho-motor development of children. At the tent and certified staff, the remaining 20 per cent have some competent staff as well as educators who have not yet completed their certi- Table 10 fication process and who have been enrolled in Family participation in centre activities, 1999 a training programme in order to be certified. Participation 1997 1999

High impact on children under 2 years of age Normal 67.1 64.3 GIEP - the Inter-disciplinary Group for Psy- High 70% and above 25 76.7 cho-social Studies (Grupo Interdisciplinario de Average 50-69% 33.3 20 Estudios Psicosociales) analyzed the impact of Low 30-49% 25 3.3 the programme on children under the age of Very low, less than 30% 16 7 two. The population they studied comprised Source: “Evaluación del proyecto de desarrollo institu- all the children and family referents. These cional del CAIF”. Part 2. CLAEH, December 1999. 108 CHILDREN IN INSTITUTIONS: THE BEGINNING OF THE END?

beginning of the workshops the results for for its implementation and to sustain it development were: 70 per cent normal, 24 per over time. Individuals, society and the cent at risk and 6 per cent retarded. Following state are generally considered as separate completion, the figures were 92 per cent, 6 per entities. To paraphrase Elina Dabas, the cent and 2 per cent respectively. new and pressing social problems that have to be faced at the end of this century 5.5.8Lessons learnt require concrete actions from a range of Thirteen years after the inception of the CAIF social actors who should not be separated Project, and in particular over the last two into sectors, layers or disciplines. Conven- years, many lessons have been learnt. The four tional institutional structures are not effec- most important are: tive enough to face these new problems. 1. The results achieved show that, with moti- We are experiencing a change whereby vated staff, promoting and addressing the civil society is generating alternative solu- integral development of children at psycho- tions. social risk is much more effective than pro- Civil associations have gradually taken viding food, monitoring their nutritional sta- on an active and responsible role and have tus and promoting good habits. In order to increased their decision-making capability prevent or reverse damage to development to the benefit of the welfare of their com- which would affect children in their learning munities. processes and the use of their skills and The notion that only academics or hamper their insertion into society and their experts should make decisions on suitable employment prospects, it is necessary to: programmes should be discarded. The top- Protect children and their families through down method of imparting programmes programmes which make them a part of the needs to be reviewed. Accepting that acad- community. It is not a matter of a one-way emic learning and local knowledge are both transfer of knowledge, techniques and val- valid sources of information implies a need ues or of waiting for them to materialise on for a dialogue between the two strands so their own. Instead these programmes need that each can learn from the other. Working to be jointly formulated. jointly involves a need to change the conventional approaches and aims in organiza- 2. Family and environmental factors begin to tion and formulate a different vision of have an effect even before the birth of a basic and necessary knowledge. However, child. This means that actions have to be one should be aware of the difficulties thought through together with families which exist, and the conflicts which emerge from a very early stage to develop compre- in the process. Experience shows that it is hensive strategies suited to the specific possible for civil society and State to work needs of these children, which can stimu- together to solve problems and needs. late their learning and development abilities. Programmes directed to children and 4. Fundamental to achieving the above is staff families which promote interaction gener- motivation and training. Incentives, a good ate areas where children can develop motor, working environment, materials and cognitive, emotional and social abilities. resources, and a salary in line with the They also include health and nutritional worker’s function, competence and outside components, which reduce the vulnerabili- opportunities are all factors that can help ty of these children. In this way society ensure success. An adequate salary repre- makes an investment and avoids mortgag- sents a two-fold benefit: on the one hand it ing its future. encourages staff to have a greater commitment to their work and on the other it 3. Civil associations are one of the pillars on means that the centres will be able to retain which the plan is based and are essential their staff once they are trained and not lose THE CASE OF URUGUAY 109 the investment they have made in them. At the same time, the continuing Theoretical frameworks for financial man- demand for new centres to be opened, agement are being developed for CAIF because of the inadequate coverage, presents centres because of these considerations. the challenge of promoting well-focused cen- This became possible once an understand- tres which are truly able to provide services ing was gained of the operational structure in line with the mission of the CAIF Project. of a typical centre, i.e. the financial models were developed in the wake of basic practi- * This article was based on documents provided by the cal definitions of the skills and abilities Executive Secretariat of the CAIF Project and the Nuestros required, the staff-to-child ratios and pro- Niños Programme, Committee for Women, Health and grammes, etc. Social Programmes Division, Municipality of Montevideo. CHILDREN IN INSTITUTIONS: THE BEGINNING OF THE END?

There is a growing global consensus on the need to promote family-based alternatives to institutional care for children. No residential institution, no matter how well meaning, can replace the family environment so essential to every child. This Innocenti Insight examines efforts to prevent the institutionalization of children in Argentina, Chile, Uruguay, Italy and Spain, focusing on both public and private initiatives, as well as local and national policies. The study highlights the fact that policies to discourage institutionalization are not enough. The right climate is needed to create alternatives, including raising public awareness.

UNICEF Innocenti Research Centre Piazza SS. Annunziata, 12 50122 Florence, Italy Tel.: +39 055 203 30 Fax: +39 055 244 817 E-mail (general information): [email protected] E-mail (publication orders): [email protected]

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