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Unformatted text preview: Modules on Child Protection © Tdh / Giuseppina Pica - Kosovo Ndihmë për fëmijët në mbarë botën Modules on Child Protection Introduction In order to ensure the quality of services, the organizations for children’s rights, Defence for children - ECPAT the Netherlands and Terre des hommes Kosovo, have joint forces to assist the current professionals and build capacities in the field of child protection, with financial support from the Dutch Ministry of Foreign Affairs. In addition, the manual targets not just local professionals of Kosovo but also all professionals working in the field of child protection by accesing the childhub where all the modules are available in English as well. For this purpose, Terre des hommes has engaged distinguished experts to draft a manual which consists of theoretical information, practical examples, case studies and questions for discussion/reflection. The nine modules in this manual have been developed by local experts in close collaboration with Dutch experts. The first module “The legal framework in child protection” can be seen as the umbrella of the manual as it describes the legal framework in child protection on international (International Convention on the Rights of Children) and national level, its policies, practices as well as relevant institutions on child protection. This module is interlinked with the module “Rights of the child and their promotion as part of human rights and the organization of the social welfare system”, which provides relevant information on human rights with specific focus on children’s rights. The module “Needs assessment and risk factors of children” covers important aspects of the assessment process until the decision making. “Symptoms of child abuse”, “Early intervention and working with families” and “Child empowerment-working directly with children” are important modules which provide in depth information regarding the different types of abuse, working with children who have suffered abuse by empowering them and exploring different dimensions of early intervention. The last three modules are “Case Management”, “The principles of supervision” and “The role of social workers” which provide information on managing different cases at risk focusing on the experiences of professionals working directly with cases,.The principles of supervision and in the end the role and responsibilities of social workers have been described so that social workers and next generations of this profession will be aware of their responsibilities and more appreciated. For developing the modules mentioned above, the following experts have been engaged: Irida Agolli (Tirana University), Natyra Agani (Prishtina University), Izela Tahsimi (Tirana University), Blerta Perolli Shehu (Prishtina University), Juliana Ajdini (Tirana University) Mimoza Shahini (Prishtina University & Center for children and adolescents) and Shqipe Ukshini (The clinic of Psychiatry). Also, Ph.D. Lulezim Dragidella has supported this process by editing scientifically the content of manual. We thank them for the great work they have done. A special thanks goes to the Dutch experts: José Hermans, Ieta Polman and Myra ter Meulen. This process was facilitated by Mrs. Albulena Shabani – Terre des hommes Kosovo and Mrs. Ytje Hokwerda – Defence for children - ECPAT the Netherlands. 3 Contents Title of the Topic: Legal Framework in Child Protection ................................................................. 7 Session I: Introduction to children’s rights in social work ............................................................. 11 Session II: Topic: Introduction to relevant institutions working in child protection .................... 30 Session III: The child and family ...................................................................................................... 39 Session IV: Topic: Child Protection Measures and Forms of Alternative Care ............................ 46 Session V: Topic: Youth justice ........................................................................................................ 55 Session VI: Topic: Children facing specific risk/vulnerability ........................................................ 60 Session VII: Topic: Welfare rights ................................................................................................... 67 Title of the Topic: Rights of the Child and Their Promotion as Part Of Human Rights and the Organization of the Social Welfare System ...................................................................... 69 Session I: Childhood: A historical perspective ............................................................................... 72 Session II: The rights of the child and human rights ...................................................................... 76 Session III: Social protection and systematic approach/ Systematic view on the Protection of Children ...................................................................................................................... 92 Session IV: Systematic approach/Systamtic view on the Protection of Children ....................... 99 Title of the Topic: Assessment of Needs and Factors of Riskiness of Children ........................ 109 Session I: Development of the child ............................................................................................... 113 Session II: Cognitive/Piage developement & Maslow theory ..................................................... 128 Session III: Ecological perspective ............................................................................................... 146 Session IV: Resilience concept (protective and renewable abilities) and risk factors .............. 156 Session V: Concept of family resistance ....................................................................................... 163 Session VI: Core principles of signs of safety ............................................................................... 173 Session VII: Process of assessment & dimensions of assessment ............................................. 195 Identification of risks, analyses and decision-taking during assessment process .................... 210 Title of the Topic: The Symptoms of Child Abuse ........................................................................ 221 Session I: Social attitudes toward child abue .............................................................................. 224 Session II: The Description of Meaning of Domestic Violence on Gender Basis ....................... 234 Session III and IV: The description of child abuse ....................................................................... 238 Session V: Symptoms of different forms of child abuse .............................................................. 250 Session VI: Consequences (short and long term) of child abuse and the profile of abused children .............................................................................................................................. 258 Session VII: The referral mechanism in Kosovo ........................................................................... 265 Title of the Topic: Early Interventions and Working With Families ........................................... 269 Session I: Understanding early interventions .............................................................................. 272 Session II: Family visits .................................................................................................................. 282 Session III & IV: Skills on effective communication with families .............................................. 291 Session V: Solution-focused therapy ............................................................................................ 317 Session VI & VII: Parenting advice and information .................................................................... 330 Session VIII: Good Practices in working with families ................................................................ 340 The Legal Framework In Child Protection 4 Title of the Topic: Child Empowerment - Working Directly With Children ................................ 345 Session I: Establishing relationships with parents about communicating with their children ........................................................................................................................................... 349 Session II and III: Habits and Skills of Communicating with Children ......................................... 364 Session IV: Habits, skills and methods during the process of direct support while working with children who are at risk or are being abused ........................................................ 375 Session V & VI: Child participation and inclusion ......................................................................... 388 Session VII: Empowering Children to make positive/good (healthy) choice ............................... 404 Session VIII: Peer Education ......................................................................................................... 416 Title of the Topic: Management of Cases of Children at Risk ..................................................... 427 Session I: Definition of case management. Key principles of case management process ........ 430 Session II: Main theoretical approaches of case management .................................................. 442 Session III: Case management models .......................................................................................... 455 Session IV: Development of individual plan for child protection, dimensions and principles ........................................................................................................................................ 466 Title of the Topic: The Principles of Supervision ......................................................................... 477 Session I: Definition of supervision: Supervision process and models ...................................... 480 Session II: Changes in supervision; Individual supervision and group supervision ................... 490 Session III: Skills and values in supervision: Barriers to effective supervision ......................... 497 Title of the Topic: The Role of Social Workers ............................................................................. 511 Session I: Role and responsibilities of social workers in relation with child protection ............ 512 Session II: Social Work Procedures and Practice ........................................................................ 521 5 Title Of The Topic: Protection Main Objectives • Presentation of the over-arching legal framework relevant to child protection • Identification of key principles, definitions and procedures relevant to child protection • Identification of key institutions and processes engaged in child protection focusing on responsibilities and means of acting on those responsibilities • Exploring practical ways to utilise the legal framework, institutions and processes in child protection cases • Developing basic knowledge and practice of the relevant legal framework when analysing child protection cases Expected Results: • Become aware and understand the over-arching legal framework relevant to child protection • Have an understanding of key principles, definitions and procedures relevant to child protection, as well as be able to identify key institutions and processes including responsibilities and means of acting on those • Be able to identify critical child protection issues from a legal point of view in specific cases • Be able to apply the knowledge gained to specific case studies discussed Module Timeline: 1 day Main Issues Addressed In The Module: • • • • • • • • • Children rights in social work Convention on the rights of children Constitutional Rights Introduction to relevant institutions working in child protection The child and family Child Protection Measures and Forms of Alternative Care Youth justice Children facing specific risk/vulnerability Welfare rights Keywords: • • • • • • • • • • • Rights International instrumens National legislation Equality Child centred approach Human rights Children rights Working protocol Case management roundtable Welfare rights Vulnerability The Legal Framework In Child Protection 8 Main Resources: International Conventions • Convention on the Rights of the Child, 20 November 1989 • Optional Protocol to the Convention on the Rights of the Child, 19 December 2011 • Universal Declaration of Human Rights, 10 December 1948 General Comments • Committee on the Rights of the Child, General Comment No. 13, the right of the child to freedom from all forms of violence, 18 April 2011 • The Committee on the Rights of the Child, General Comment No. 8, the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment, 2 March 2006 • Committee on the Rights of the Child, General Comment No. 14 (2014) on the right of the child to have his or her interests taken as a primary consideration, 29 May 2013 National Legal Measures • Constitution of the Republic of Kosovo Laws • • • • • • • • • • • • • • • • • Criminal Code Criminal Procedure Code Family Law of Kosovo Kosovo Juvenile Justice Code Law on Civil Status Law on Labour Law on Labour Inspectorate Law on Material Support for Families of Children with Permanent Disabilities Law on Social Assistance Scheme Law on Amending and Supplementing the Law No.2003/15 on Social Assistance Scheme in Kosovo Law on Social and Family Services Law on amending and supplementing the Law No. 02/L-17 on Social and Family Services Law on Ombudsperson Law on Police Law on Preventing and Combating Trafficking in Human Beings and Protecting Victims Law on Protection against Domestic Violence Law on State Prosecutor Administrative Instructions Decisions • Decision of the Prime Minister 07/46, 3 December 2008 • Decision of the Prime Minister 09/34, 25 August 2011 Commentaries • Čukalović I, Hasani E, ‘Commentary of the Constitution of the Republic of Kosovo’ 12 December 2013 9 Books • Mower AJ, ‘The Convention on the Rights of the Child – International Law Support for Children’, Greenwood Publishing Group 1997 • Williams J, ‘Child Law for Social Work’, Sage Publishing 2008 Reports • UNICEF, ‘A summary of the United Nations Convention on the Rights of the Child’ Websites • ht tps: //treaties.un.org/pages/Overview.aspx?path=overview/glossar y/page1_ en.xml#ratification • ht tps://treaties.un.org/Pages/overview.aspx?path=overview/definition/page1_ en.xml#protocols • • The Legal Framework In Child Protection 10 Session I Topic: Introduction to Children's Rights in Social Work Social work had been defined as ‘a practice based profession…that promotes social change and development, social cohesion and the empowerment and liberation of people. Principles of social justice, human rights, collective responsibility and respect for diversities are central to social work.’1 Gaining an awareness of children’s rights and the law in general is important to prospective social workers because the law provides authority to act in situations, which would otherwise constitute an unlawful interference in private and family life. An awareness of children’s rights also provides guidance to prospective social workers as to how they should act in certain situations, while the law is used to determine the legality of social work decisions. 2 In other words, it provides the framework within which social workers conduct their work. Human rights are a set of rights that aim to protect the individual or groups from actions or omissions that may interfere with their freedoms and human dignity. The Universal Declaration of Human Rights in 1948 enshrines this principle by providing in its preamble that ‘recognition of the inherent dignity and the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world’.3 Human rights embody a range of important principles including; • Universality and inalienability: rights that are applied everywhere, irrespective of cultural or other differences and rights that cannot be withdrawn or taken away. • Indivisibility: all human rights are important and should not be categorised. • Interdependence and interrelatedness: all human rights are dependant and relate to one another meaning that if one is realised or violated it is likely to impact on another. • Equality and non-discrimination: all individual are born free and equal by virtue of the inherent dignity of each person. Non-discrimination means that no one should be discriminated on the basis of protected characteristics such as race, colour, gender, language, religion, political or other opinion, national or social origin, relation to any community, property, economic and social condition, sexual orientation, birth, disability or other personal status. • Participation and inclusion: everyone has the right to participate in processes and have access to information that affects their lives. Adopting a rights based approach to processes ensures participation, as well as the need to consider those groups who may be marginalised and have difficulties in participating such as children, minorities, women and the disabled. • Accountability and the rule of law: the state through its institutions is bound to observe all applicable human rights standards as the duty bearer. In instances where there is a failure of protecting human rights as provided in applicable international standards or national legislation, the individual as the right holder is entitled to seek redress though the appropriate mechanism. 1 2 3 11 International Federation of Social Workers, general definition approved by IFSW General Meeting and the International Association of Schools of Social Work General Assembly, July 2014 Williams J, ‘Child Law for Social Work’, Sage Publishing 2008, p. 6 United Nations General Assembly, Universal Declaration of Human Rights, 10 December 1948, available at . un.org/en/documents/udhr/ accessed on 12/01/2015 The main source of human rights as we know them today is international law. States at the international level in the field of human rights have negotiated and concluded agreements (known as treaties or conventions) to respect, protect and fulfil a range of human rights. These agreements are legally binding once a State accepts its content through ratification. 4 A State may also choose to integrate these into its national legal system through its constitution or other legal acts. 1.1 The Convention on the Rights of Children (CRC) The United Nations Convention on the Rights of the Child (1989; UN CRC) is the most widely ratified convention in the world. The UN CRC is significant due to the fact that it exclusively deals with children and it establishes a commitment by State parties including Kosovo ‘to respect and ensure the rights set forth’ in the Convention. 5 In effect, it has been claimed that the Convention reflects the vulnerable position of children, which means they require protection. 6 As an independent person the child then is recognised as having individual rights – not linked to the family or parents and the right to assert those rights in national proceedings.7 The Convention provides for a monitoring mechanism to be established, to monitor the implementation of the rights in the Convention: the Committee on Rights of the Child (Committee). 8 The Committee on the Rights of the Child consists of experts elected by States who are party to the Convention. 9 The role of the Committee is to examine the progress made by State’s party to the Convention in achieving the obligations set forth in it. Each State Parties has the obligation to submit a report every five years, on the progress made in their country. The Committee examines these so ...
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