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Read, Debate: Engage.
| topic: | Child rights |
|---|---|
| located: | Brazil |
| editor: | Ellen Nemitz |
Since 1990, Brazil has one of the most complete laws to protect children and young people: the Statute of the Child and Adolescent, known by its Portuguese acronym ECA. It guarantees fundamental rights and determines that the State and the families must provide all conditions for people under the age of 18 to have a healthy life with education, leisure, dignity, respect and liberty, among other needs.
In order to enforce the law, the Conanda was created – a Portuguese acronym for the National Council for the Rights of Children and Adolescents. This council was once composed of members both related and not related to the government, including institutions like the Federal Council of Psychology, the Federal Council of Social Service and the Order of Lawyers.
However, the recent Decree number 10003/2019, published on September 4, modifies the structure of the Conanda and all current members were dismissed. The selection of the future members will be less democratic, by indication. Additionally, representatives who do not live in Brasilia, the capital city of Brazil, will no longer receive financial assistance to travel and take part in the meetings. Instead, they will have to participate in a video conference every three months.
Although this was not the first council to suffer structural changes – it also happened to the Council for Drug Policies (Conad), the National Council for the Environment, the Superior Council for Cinema and others – Conanda’s dismantle mobilised the Prosecution Service of the Union and other institutions to request the government to revoke the decree.
Sandra Fergutz, a Brazilian psychologist who has worked, since the 1980s, with public policies for human rights and was twice a member of the UNAIDS Programme Coordinating Board, affirms that all changes are part of the same goal: opening the path for an agenda of conservative policies defended by the president Jair Bolsonaro and other politicians. It includes the withdrawing of social rights such as free health care, the deepening of the public safety policies by, for example, reducing the age for criminal responsibility from 18 to 16 years old. The rising religious morality is visible in discussions about abortion and drugs. “The winners are the capital owners”, explains the psychologist, reminding that Bolsonaro’s campaign was financed by entrepreneurs.
Not only is the government taking measures to hinder the enforcement of the Statute of the Child and Adolescent, but there also seem to be concerns regarding kids learning about human sexuality at school or about anything related to sexual diversity – what conservative groups call “gender ideology”. For example, the mayor of Rio de Janeiro, Marcelo Crivella, prohibited the Rio de Janeiro Book Biennial to sell the book "Avengers - The Children's Crusade", because it shows a kiss between two men. The case was analysed by the Supreme Court and the prohibition was invalidated. According to a local newspaper, minister Dias Toffoli said that the "democratic regime presupposes an environment of free movement of ideas”.
Prior to the book’s censorship in September, Brazil’s conservative politicians have been trying for years to turn into law a movement called “School without Party”, which aims to forbid teachers and schools from talking about several themes – not only about sexuality but also about politics. Professors and education specialists such as Mariano Jabonero, Secretary-General of the Organization of Ibero-American States for Education, Science and Culture, point out that this proposal is an attack on the freedom of teachers to discuss different ideas and to instigate critical thought among students. Furthermore, studies emphasize the benefits of a well-conducted sex education, helping children and teenagers protect themselves from sexual violence and harassment.
Brazil is a country that is not yet able to provide minimum conditions for children and that violates their fundamental rights. It is a country in which a black teenager is tortured for stealing four bars of chocolate. We must urgently demand to ensure mechanisms to enforce the law and to investigate all violations. We must look at real problems, like racism, sexual abuse, violence, poverty, hunger, a problematic public education system, the lack of proper health assistance, and many others. And we must listen to our children.
