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The Interests of Aildren. the Norwegian Ombudsman for Children: a Practical Experience

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The Interests of Aildren. the Norwegian Ombudsman for Children: a Practical Experience DOCUMENT RESUME ED 372 831 PS 022 443 AUTHOR Flekkoy, M. G. TITLE Children's Rights. Reflections on and Consequences of the Use of Developmental Psychology in Working for the Interests of aildren. The Norwegian Ombudsman for Children: A Practical Experience. INSTITUTION Ghent Univ. (Belgium). Children's Rights Centre. REPORT NO ISBN-90-74751-13-X PUB DATE 93 NOTE 546p.; Ph.D. Thesis, University ,.Jf Gent. AVAILABLE FROMChildren's Rights Center, Henri Dunantlaan 2, B-9000, Gent, Belgium (700 Belgium Francs). PUB TYPE Dissertations/Theses Doctr,ral Dissertations (041) EDRS PRICE MF02/PC22 Plus Postage. DESCRIPTORS *Child Advocacy; Children; *Childrens Rights; *Child Welfare; *Developmental Psychology; Foreign Countries; Global Approach; International Organizations; International Programs IDENTIFIERS *Norway; *Ombudsman for Children (Norway); United Nations Convention on Rights of the Child ABSTRACT Since the 1989 United Nations Convention on the Rights of the Child, nations are obligated to submit regular reports to the international Expert Committee, which will require monitoring conditions for children. This study discusses the Norwegian Ombudsman for Children as a useful source of experience for other countries. Chapter 1 presents those trends ir legal rights, child psychology, human rights, and public opinion that converged in the 1950s and 1960s to create an international concern for children's rights. Chapter 2 shows how in the last 10 to 15 years children have been seen as competent, active subjects, instead of passive objects. Chapter 3 describes developments in Norway that led to the establishment in 1981 of the Ombudsman'for Children. Chapters 4 and 5 describe the establishment of and changes in the Ombudsman, its practical work, how case:, were handlee, and those elements arm issues of developmental psychology that were most helpful in its work. Chapter 6 evaluates the Ombudsman in terms of its own goals and of government and public opinion. Chapter 7 discusses the principal facts contributing to the achievements of the Office, and how its experience might apply to other countries. Finally, Chapter 8 examines how the Norwegian Ombudsman might serve as a model to other countries, and examines whether child-related social science (developmental psychology in particular) can improve conditions for children in work conducted at a national level. The study contains approximately 200 references, five appendixes, the text of the United Nations Convention, and a list of publications. (TM) *********************************************************************** * Reproductions supplied by EDRS are the best that can be made * * from the original document. * *********************************************************************** UNIVERSITEIT GENT CENTRUM VOOR DE RECHTEN VAN HET KIND U.S. DEPARTMENT OF EDUCATION Office of Educational Research and Improvement EDUCATIONAL RESOURCES INFORMATION CENTER (ERIC) UJ cahier 13 t< This documenthas been reproduced as received born the person or pganizahon Ongmating Minor changes have been made to improve reproductmn oushty Points of view or opinions staled in this docu relent do not necessarily represent official OERI Nisi!, On or policy M.G. FLEKKOY CHILDREN'S RIGHTS Reflections on and consequences of the use of developmental psychology in working for the interests of children. The Norwegian Ombudsman for Children: A practical experience. "PERMISSION TO REPRODUCE THIS MATERIAL HAS BEEN GRANTED BY R kk'25Z.N-N \ck 1 TO THE EDUCATIONAL RESOURCES C9 INFORMATION CENTER (ERIC) Gent, 1993 BEST COPY AVAILABLE 2 UNIVERSITEIT GENT CENTRUM VOOR DE RECHTEN VAN HET KIND cahier 13 M.G. FLEKKOY CHILDREN'S RIGHTS Reflections on and consequences of the use of developmental psychology in working for the interests of children. The Norwegian Ombudsman for Children: A practical experience. Gent, 1993 3 This book contains the complete text of the doctoral thesis to obtain the title of doctor in the Psychological and Pedagogical Sciences of the University of Gent (Prommor: Prof. Dr. E. Verhellen). It was defended in public on 4 october 1991. ISBN 90-74751-13-X D 1993/2818/01 Edited by: UNIVERSITEIT GENT Children's Rights Centre Henri Dunantlaan 2 9000 GENT - BELGIUM Tel: +32.9.264.62.85 Fax: +32.9.264.64.93 4 Preface M.G. Flekkoy defended on October the 4th .1991her doctorate about children's Rights in a public session atthe University of Gent. On this occasion she was conferred the titleof Doctor in the Psychological and Educational Sciences. It is indeed for me - as promotor - a greathonour to be able to introduce the complete version of this doctoratepublished in book form. The importance of fundamentalresearchon children'srights, which takes shape here cannot be sufficientlystressed. The subject deserves, especially because ofits social importance, a prominent structural presence in an academicforum. For a period of 8 years, M.G. Flekkoy acted asthe Norwegian Ombudsman for children. She was the first person in the world who hasgiven shape tt the promotion of interest of children in a structural waythrough her broad mandate which she has received of theNorwegian Govern- ment. The most remarkable thing about this Ph.-D.thesis is the fact that a right balance is found between the rich -engaged - on the field obtained experience, and the qualification whichsuch a scientific study demands. We should like to take the opportunity to draw yourattention not only to the excellent academic work that has beenexecuted by Mrs. Flekkoy, but also to her personal involvement which weadmire and praise. This dissertationis presented here in the independent publication series of the Children's Rights Centre of the Universityof Gent. We hope that through this study a largerpublic will become thoroughly acquainted with the pioneering work that M.G.Flekkoy has performed as the first Norwegian Child Ombudsman. Gent, June 1, 1993 Prof. Dr. E. Verhellen 5 -1) CONTENTS Acknowlodgments Introduction 3 1. Purpose and scope 5 1.1.Before 1981 6 1.2.The years 1981 to 1989 7 1.3.Afttr 1989 9 2. Material and methods 10 2.1.Previous experience 10 2.2.Records of applications, case files, statements and lectures 11 2.3.Material for this study 12 2.4.Analytical method 13 3. Clarifications of key concepts 14 3.1.Can "child" and "childhood" be defined? 14 3.2.How definite is the Convention definition of "achild"? 16 3.3.The Ombudsman term, as ielated to "child advocacy" 18 CHAPTER ONE The Basis of Rights for Children 21 Introduction 23 1. Children and the Law 23 1.1.Legal rights of children 23 1.2.Child protection legislation: Reactive or pro-active? 26 2. Child development as a social science: a new basis for child rights 27 2.1.The emergence of child psychology in Europe and the United States 27 2.2.The Norwegian debate: a practical example 29 6 111 3. Human rights 32 3.1.Rights based on needs: one rationale 32 3.2.The Human Rights movement 35 3.3.International human rights instruments 36 4. Rights for Children 37 4.1.Private versus public attitudes towardschildren . 37 4.2.Equal human beings? 40 4.3.Special rights for children? 41 4.3.1. The 1924 Geneva Declarationof the Rights of the Child 42 4.3.2. The Declaration on the Rightsof the Child 43 4.3.3. Towards a Convention on theRights of the Child 44 CHAPTER TWO The Capable Child 49 Introduction 51 1. Foci, emphasis and understanding in the study of children 52 LI.Choice of focus and perception 52 1.2."Sensitive stages" from the positive point of view 54 1.3.Intelligence, cognitive development and competence 57 2. Identity and competence 60 2.1."Sense of inner competence" and "sense of self'.. 60 2.2.Acquiring a sense of identity: a feed-back system . 61 2.3.Decision-making and sense of self: a process that starts at birth 62 2.4.Social learning and social competence 64 2.5.The positive cycle of a positive self concept 66 CHAPTER THREE A Brief Look at Norway 70 Introduction 71 I. Norway: a changing society 71 L 1.Some important historical trends 71 1.2.The changing Norwegian family (1900-1960) 74 2. The Child in Norwegian legislation 77 IV 7 3. The Norwegian service system for chilaren and parents: A safety-net with holes 81 4. The Norwegian family of the 1980-90s 84 4.1.Family structure 84 4.2.Working mothers 90 4.3.Changing conditions outside and in the family 91 4.4.The Effects on Children and Families 92 5. What is an Ombudsman? 99 CHAPTER FOUR Establishment and Practical Framework. Some Ways of Working 105 Introduction 107 1. The establishment process for the Ombudsman for Children107 1.1.Birth and development of the idea 107 1.2.The process in the Storting (Parliament) 111 1.3. Why an Ombudsman and not something else, in Norway? 113 2. The initial phase 114 2.1.The first ombudsman 116 2.2.The other staff-members 117 2.3.The advisory panel 118 3. The Office and how it worked 120 3.1.Some ideological comments 120 3.2.Changes in the practical framework 122 3.2.1. The budget 122 3.2.2. The staff 125 3.3.Reaching out 126 3.3.1. The press 126 3.3.2. Television and radio 3.3.3. Publications 129 3.3.3.1. Booklets 129 3.3.3.2. "Rights and responsibilities of children" 129 3.3.3.3. Annual reports 129 3.3.3.4. "Facts about Children in Norway" 132 8 3.3.4. Telephone 132 3.3.5. Lectures, public appearances ... 133 CHAPTER FIVE Applications, Complaints and Cases 137 Introduction 139 1. Types of applications General rules for handling 140 1.1.Handling individual cases 142 1.2.From where did applications come? 143 1.3.Dismissals, referrals, shelving - or giving an opinion? 145 1.3.1.
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