我国儿童权利保护立法现状及展望

近些年来,有关儿童权利受侵害的案件日益增多,严重侵犯了儿童的权利,对我国儿童的身体和心理健康发展造成了巨大的危害。本文以分析我国儿童权利保护立法现状,概括总结了我国立法模式中存在的问题,并对我国儿童权利保护的立法发展方向提出了可行性建议。     

从《儿童权利公约》的视角看中国儿童保护立法

本文就儿童保护立法在四个方面与《儿童权利公约》进行了比较，包括儿童保护的基本原则、家庭环境和替代措施、紧急状态下的儿童的保护以及受侵害儿童的康复和重返社会问题。通过比较，指出了国内立法与公约之间的差距，对形成这些立法空白在主客观方面的原因进行分析，并就这些立法空白提出立法建言。     

流浪儿童救助保护体系的模式探索

构建规范、有效的流浪儿童救助保护体系,必须将之置于国家——社会关系背景下考量,并对体制内的机构救助者和民间主体之间职能的分工、关系的协调予以兼顾。有鉴于此,本文提出流浪儿童救助保护体系构建的五个原则,在此基础上建构一个国家、社会与流浪儿童的家庭三者共同担负流浪儿童救助保护与回归社会责任的理论模型,以期有效整合国家与社会的资源,引导流浪儿童顺利回归正常社会生活。     

家庭参与流浪儿童救助保护的可行性与模式建构

家庭问题是儿童外出流浪的主要原因之一,只有家庭问题得到了缓解,流浪儿童才能真正实现回归家庭和社会。因此,流浪儿童救助保护需要家庭的参与。本文在结合前人研究和我国流浪儿童救助保护现状的基础上,分析了家庭参与流浪儿童救助保护的必要性和可行性,并建构了"家庭参与流浪儿童救助保护体系",将儿童心理行为问题解决和家庭问题解决相结合,为我国流浪儿童救助保护工作提供可资参考的新思路。     

流浪儿童救助保护体系的构建原则

当前,中国流浪儿童救助保护的理论与实践都取得了显著进展。然而,在这一领域中,国家——社会关系、体制内的机构救助者和民间主体如何分工、两者关系如何调适等方面尚未形成学界共识。因此,对中国流浪儿童救助保护体系的构建原则进行讨论很有必要。构建流浪儿童救助保护体系应包括五个原则,即政府依然要扮演主要角色、社会力量的有效参与不可或缺、专业社会工作与本土社会工作相结合、档案管理与因人施“救”、对流浪儿童实施主动性救助保护等方面。     

用体系化的保护政策应对留守儿童问题

在改革开放后．随着农村人口的大规模流动．随着“荒芜的乡村”在不断地产生与复制．留守儿童这种特殊的农村人群现象引起了政府与社会各界的关注。2008年．随着全球范围内经济危机的爆发．外向型制造业中大量农民工回流农村．留守儿童问题似乎暂时得以缓解。但是，农民工们“还是要出去”．在一个貌似解决的环境下关注留守儿童问题更加具有社会意义。     

福利还是保护？——中国《儿童福利法》立法问题研究

在《儿童福利法》立法过程中,如何处理儿童保护与儿童福利之间的关系非常关键。本文首先从理念、对象、供给主体和模式等方面对儿童保护和儿童福利之间的异同进行比较,在此基础上分析我国儿童法律政策中的保护和福利内涵,最后提出我国《儿童福利法》立法应该采用综合模式,并在普惠性理念的基础上满足儿童健康成长过程中的基本需求。     

我国残疾人职业教育立法政策研究

本文阐述了我国改革开放后特殊教育职业教育的立法现状,提出了特殊教育职业教育立法的对策。     

流浪儿童救助保护中的“全人教育”模式研究——基于广东省少年儿童救助保护中心的调研

流浪儿童"全人教育"指的是根据流浪儿童的生理需求、心理特征、过往经验、性格特点、学习动机等主客观因素,来制定具有针对性的教学计划与教学活动的教育模式,旨在培养流浪儿童自尊自爱的意识,提升其家庭与社会责任感,增强其文化和生活技能,锻炼其回归社会的能力,以将流浪儿童培养成为一个具有独立人格的"全人"(合格公民)为目标。     

Parental Imprisonment and Child Protection: A Study of Children Presented to the Melbourne Children's Court

Abstract

This paper reports on a study funded by the Criminology Research Council, Australia, which set out to investigate the intersection between the child protection and criminal justice systems and the extent to which children before the Melbourne Children's Court on child protection matters had a parent currently in prison, awaiting sentencing, or previously in prison. Magistrates identified 156 children as meeting these criteria during the study period June to December, 2006. Analysis of court records gathered quantitative and qualitative data about parents' offending, why the children had been brought to the attention of the court, and the health, welfare, and behavioural concerns the child protection service expressed about the children. There was no coordinated response by the child protection and justice systems to managing these children's situations. Early intervention and the development of child protection service protocols with the corrections system for children whose parents enter prison is essential, to better address the instability and disruption in care these children experience.     

Case Reading as a Practice and Training Intervention in Domestic Violence and Child Protection

This article explores the role of a case-reading tool, developed by the Safe and Together Institute, deployed across five Australian states, and which engaged workers from child protection (CP) and specialist domestic and family violence (DFV) services. It aimed to assess the extent to which DFV is identified in CP case files and to assess the quality of case practice from a DFV-informed perspective, as documented in the case file. The Safe and Together approach to child welfare provides a robust foundation upon which practitioners from statutory and nonstatutory backgrounds can work collaboratively and reach consensus about how best to ensure the safety and wellbeing of children living with DFV. The case reading is both a process of transformative working for practitioners and an analytical tool through which their agencies can affect systemic change.

IMPLICATIONS

• A national audit of 20 child protection case files using the Safe and Together case-reading process indicated that documented child protection practice sits at the lower end of a domestic and family violence-informed Continuum of Practice.

• Analysis indicates a need to improve: child protection engagement with fathers who use DFV, assessments of their parenting role and its impact on children and family functioning; identification of adult survivors’ protective capacities and their impact on children.

• Research in this area may have broader implications for other professions and government policy both nationally and internationally.

     

Aboriginal Practitioners Speak Out: Contextualising Child Protection Interventions

Abstract

One month before the June 2007 Federal Government Emergency Intervention in the Northern Territory some 55 West Australian Aboriginal child protection workers attended a 3-day summit in Fremantle. Their purpose as front-line practitioners from across the State was to identify how more nurturing and healing communities could be developed and supported in a climate of despair. This paper reports on how the summit was designed and on some of the ideas and concerns that emerged within this dialogical space of cooperative inquiry. The project was a partnership between Aboriginal and non-Aboriginal representatives of university, government, and community-service bodies. Aboriginal practitioners identified the complexity of what was happening in their experience and where changes were needed. Integral to this participation and coproduction of knowledge by Aboriginal child protection workers was the provision of a safe space for the articulation of reflected experience. Implications for policy, practice, and curriculum of both process and outcome dimensions to considering Aboriginal views on this contentious issue are discussed.     

Beginning Practice in Child Protection: A Blended Learning Approach

Statutory child protection is arguably one of the most complex and challenging areas of work within the welfare sector. In the state of Victoria, Australia, the child protection service is delivered by a state government department, the Department of Human Services, employing over 900 staff. A significant proportion of its recruitment is achieved through employing new graduates from a diverse educational base (e.g. social work, psychology and welfare). This convergence of circumstances, inexperienced workers with a variety of professional education backgrounds, beginning work in a complex, highly scrutinised professional domain, creates a unique challenge for in‐service educators responsible for induction. The ‘Beginning Practice in Child Protection’ programme is an attempt to meet this challenge, employing multi‐modal learning resources, interactive skills based clinics combined with workplace learning opportunities structured to deliver just‐in‐time messages. In addition, on‐line ‘virtual vignettes’ that support learning at the employee workstation are utilised. Evaluation findings suggest this programme is successful in achieving its aims of a supported introduction to the work, increasing worker confidence and satisfaction while leading to quality knowledge and skills acquisition. This paper will establish the context for child protection practice in Victoria, describe the programme designed to address the need, before highlighting key messages arising from an independent evaluation.     

Power and Child Protection: The Need for a Child Welfare Service Users' Union or Association

Abstract

This paper reports a study in which parents who had received child protection intervention set out to develop a “Service Users' Guide” to help parents newly receiving intervention better understand and cope with the process. The study took place in Ontario, Canada between 2004–2009. Ninety-five parents took part in 13 focus groups and 20 individual interviews. A mix of Participatory Action and grounded theory methods were used to enable parents to develop their service uses guide. As the study progressed it quickly became evident that the biggest issue parents face when receiving intervention is an imbalance in power between themselves and workers. This paper describes the problems this power imbalance causes for parents and presents a potential solution suggested by parents themselves – the development of a child welfare service users' association or union. Parent's ideas about why this association is needed, how it could function, and the benefits it might bring, are discussed. The paper concludes by reviewing the benefits a service users' association might bring not only for those receiving child welfare intervention, but all social work services.     

西方儿童虐待成因的发展生态模型理论研究述评

发展生态模型是西方儿童虐待成因研究的重要理论框架,但国内对此缺少系统性介绍。该理论认为,儿童虐待产生自互动个体与嵌套生态系统层面间的交互影响,它主要以生态系统理论为理论基础,并以“生态整合模型”和“生态交互模型”为代表性理论模型。该理论具有重要的方法论意义,它可促使研究者突破单因素变量研究的窠臼,并转向多因素共构视角去理解儿童虐待成因;同时,也为儿童虐待治理实践提供了多因素和多层次的系统干预视角。该理论的出现丰富了儿童虐待研究者的理论想象力,可为我国家庭、学校等场域的儿童虐待和儿童保护研究和干预提供启示。     

中国儿童保护制度建设论纲

推进公权力对家庭育儿过程的干预,积极预防和有效应对家庭内的儿童虐待问题,是儿童保护制度的重要价值追求,也是现代国家的共同努力。中国在政治上高度重视儿童保护,并在法律层面为儿童保护制度的实践提供了基本框架,但儿童保护的相关法律规定不够健全、具体、可操作,儿童保护制度缺乏相应的社会政策与服务基础,缺乏有力的组织机构保障。我国儿童保护制度的发展,要在不断健全法制、强化组织机构的同时,致力于建立健全面向儿童及其家庭的监护监督制度、监护支持制度、监护替代制度等国家监护制度,发展并完善一系列儿童保护服务,全面落实国家之于儿童的监护责任。     

Parent Involvement Practices in Child Protection: A Matter of Know-How and Attitude

Modern view of child protection services implies that to help young people, simply intervening on their behalf is not sufficient. It suggests that involving parents in the assistance process is essential in order to ensure that they are most likely to play their role as parents to their children in the fullest possible way. Although several articles have dealt with the issue of parent involvement, very few have attempted to document the practices used by practitioners to encourage such involvement. This article presents the findings of a study on child protection practices for involving parents in a child protection context. It is exploratory in nature, and uses a qualitative methodology. The study population is made up of 38 child protection service workers. An analysis of the practitioners’ discourse reveals that the behaviour and attitudes used by them to encourage parent involvement are very diverse. There also appear to be key moments in securing their involvement, that is, making contact, setting objectives and means of action, and applying the case plan. In addition to corroborating earlier studies on the issue of parent involvement, our findings indicate that the majority of the caseworkers interviewed practice an approach that aims to empower clients.Funding of this project was provided by le Fonds Richelieu de recherche sur l’enfance.Marie-Christine Saint-Jacques, Geneviève Lessard, and André Beaudoin are affiliated with School of Social Work, Laval University, Quebec, Canada. Sylvie Drapeau is affiliated with Department of Foundations and Practices in Education, Laval University, Quebec, Canada.     

Domestic Violence and Child Protection: Partnerships and Collaboration

Abstract

The interface between the child protection and domestic violence sectors is often problematic, in that the two sectors operate relatively independently, with little integration. However, it is widely recognised that these sectors need to work more closely to enhance both women's and children's safety. This paper explores the processes needed for the child protection and domestic violence sectors to develop collaborative partnerships that lead to the provision of higher-quality responses to both women and children. Drawing on collaboration theory, a number of barriers to the development of successful partnerships are described, and applied to initiatives that seek to develop integrated approaches between child protection and domestic violence services. It is concluded that there is much scope for the two sectors to work closely together, but that the development of integrated responses involving both child protection and domestic violence services will take a significant commitment, level of determination, and stamina from both parties.     

Using Resilience to Reconceptualise Child Protection Workforce Capacity

Abstract

Current approaches to managing and supporting staff and addressing turnover in child protection predominantly rely on deficit-based models that focus on limitations, shortcomings, and psychopathology. This article explores an alternative approach, drawing on models of resilience, which is an emerging field linked to trauma and adversity. To date, the concept of resilience has seen limited application to staff and employment issues. In child protection, staff typically face a range of adverse and traumatic experiences that have flow-on implications, creating difficulties for staff recruitment and retention and reduced service quality. This article commences with discussion of the multifactorial influences of the troubled state of contemporary child protection systems on staffing problems. Links between these and difficulties with the predominant deficit models are then considered. The article concludes with a discussion of the relevance and utility of resilience models in developing alternative approaches to child protection staffing issues.