Analecto

11 de junho de 2018

Annotations on the Statute of Children and Adolescents.

Filed under: Notícias e política, Organizações — Tags:, , , — Yurinho @ 22:46

The Statute of Children and Adolescents was written in Brazil. Here are some notes on that text.

  1. Children and adolescents deserve full protection (Article 1).
  2. “Child” is someone who is not twelve years old yet, while a teenager is someone between the ages of twelve and eighteen.
  3. The child and the adolescent enjoy the rights inherent to the human person, that is, they have human rights (Article 3), which they can enjoy with dignity and freedom .
  4. The rights of children and adolescents are equal between boys and girls.
  5. The family, the community, society in general and the public power have the duty to ensure, with absolute priority, the access to rights relating to life, health , food, education, sports, leisure, culture, dignity , respect , freedom and family and community coexistence (Article 4).
  6. Discrimination, violence, cruelty and oppression of children and adolescents can not go unpunished (Article 5).
  7. Cruel, degrading treatment or physical punishment are reasons to call the tutelary council.
  8. Vaccination is mandatory if recommended by health authorities.
  9. Again, the child has human rights (Article 15).
  10. The child has the right to opinion and expression (article 16, section II).
  11. The child has the right to respect, that is, to the inviolability of his physical and mental integrity , which includes preserving his autonomy (article 17).
  12. It is the duty of everyone to protect the child and the adolescent from any inhuman, violent, terrifying, vexatious or embarrassing treatment (Article 18).
  13. The child and the adolescent have the right to be cared for without the use of physical punishment or cruel or degrading treatment, such as humiliation, threat or exposure to ridicule (article 18-A, II, a, b, c).
  14. A mother can turn her child over for adoption.
  15. You can not discriminate against your foster child.
  16. Family power is exercised equally by the father and the mother, who, if they disagree, should seek justice to resolve the difference.
  17. “Natural family” is the community formed by one or two persons (the father, the mother or both) and their descendants.
  18. “Substitute family” is the community formed by a person who adopts (or guards) and by one or more people who have been adopted, guarded or protected.
  19. If you are eighteen, you can adopt a child, even if you are single.
  20. If the child has the ability to understand more advanced content (artistic or scientific), he or she has the right to access that content.
  21. If the teenager works, he has the right to study at night.
  22. Parents are required to enroll their children in school.
  23. The educational process must respect the cultural, artistic and historical values ​​of the student’s social context.
  24. As an apprentice, you should still study.
  25. You can be an apprentice and make money.
  26. Everyone should prevent violations of the rights of the child (Article 70).
  27. A child or adolescent may, if authorized by the judge, travel without the parents (but can not stay without parental permission in a hotel or pension, for example).
  28. It is permissible to activate a measure of protection to the child or the adolescent when one of its recognized rights is threatened, even if threatened by the government (article 98).
  29. When applying a protective measure, the action must aim at the best interest of the minor (Article 100, subsection IV).
  30. In addition, the minor must be heard and his opinion taken into account (Article 100, subsection XII).
  31. The age of criminal responsibility in Brazil is eighteen.
  32. The adolescent caught in an infraction has the right to be given a lawyer (article 111, item III).
  33. Every child or adolescent has the right of access to the public prosecutor’s office, the judiciary and public defense (Article 141).
  34. If the minor decides to request these organs, he is entitled to free legal aid if he needs it (Article 141, paragraph 1).
  35. In spite of this, the minor must be represented by his parents, guardians or curators (article 142).
  36. If the interest of the child or adolescent who requests these entities conflicts with the interest of the parents or guardians, the justice will give him / her a curator (article 142, single paragraph).
  37. The judge of childhood and youth may, if it seems correct, grant the minor the capacity to consent to marriage (Article 148, only paragraph, letter c).
  38. A teenager can not be prosecuted unless they get a lawyer for him (article 207).
  39. The law against child pornography (Article 240 and especially 241-A) makes no mention of any relaxation if the person recording the video is the child or adolescent, meaning that it is true that an adolescent may be penalized for sending “nudes “.
  40. The teenager (even if he is 17 years old) has nudes of his partner, he can also be penalized for this (article 241-B).
  41. “Simulations” (photo montage or “any form of visual representation”) are also punishable (Article 241-C, but does this include drawings of children who do not actually exist?).
  42. The government should inform children and adolescents of their rights, in language they understand, through the media.

2 Comentários »

  1. This is very well done. I agree with most of it although I must state that no Humans do anything based upon their physical age. All do as they do based upon individual desire, ability and intent. It seems that most consider age 12 to be an acceptable age of independence; even I have used it as a median. Yet all laws must be based upon individual desire, ability and intent as opposed to physical age, gender, race, I.Q., body shape etc.
    As far as pornography is concerned. There is no such thing as “Child Pornography”. There is only pornography or non-pornography. You like it all or you don’t. There is no “Good and Bad” pornography or anything else. You may pronounce all the value judgments you wish against yourself only… invent all the laws you wish to impose upon yourself only.
    I must sound like a broken record; still all Humans are equal and are all living at the same time. This is why laws based upon physical age which disregard the individual desire, ability and intent of each Human will never work. In order for such laws to work there would have to be a guarantee for each individual that if they obey these laws they will be guaranteed a length of time. We all know that it is impossible to state which Human will live for how long and this is what makes you all equal. There is no Greater than or Less then.
    Great work Yuri!

    Curtido por 1 pessoa

    Comentário por octaevius — 12 de junho de 2018 @ 15:36

    • Thanks. Also, worth noting is that, after UN made the declaration of the rights of the child, Brazil was quick to write this statute. It’s probably the first document of it’s kind in the world. Even though it’s very praised worldwide, it seems like no one is willing to copy it. Feels like we gave too many freedoms and this law is broken. Indeed, I’m going to use it to argue against age of consent, for example.

      Curtido por 1 pessoa

      Comentário por Yure — 12 de junho de 2018 @ 16:47


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