Khoá luận tốt nghiệp: Child protection systems of Vietnam, Thailand and Canada in a comparative perspective

LE HONG ANH453547

CHILD PROTECTION SYSTEMS OF‘VIETNAM, THAILAND AND CANADA

IN A COMPARATIVE PERSPECTIVE

BACHELOR'S THESIS

LE HONG ANH453547

CHILD PROTECTION SYSTEMS OF‘VIETNAM, THAILAND AND CANADA

IN A COMPARATIVE PERSPECTIVE

Major: Comparative Law

BACHELOR'S THESIS

SUPERVISORDr DAO LE THU

aad data in the Bachelor's Thesisare truthfd and reitabie /Author of Bachelor’s Thesis

Lê Hồng Anh

Firstly, I would like to express my sincere gratitude to my supervisor,Ds Dao Le Thy who gave me such a great opportunity to do this graduation thesisfn the topic "Clald protection systems of Vietnam, Thailand and Canada in acomparative perspective Iwouldlike to thank Dr Dao Le Thu đợt her instructiontohelp me finsize this thesis Her support, patience and motivation have deeplyingpiredme Itwasa great privilege and honouw to work and study under her guidence

Secontly, I would like to offer my honest appreciation to all Lecturers atHenoi Lew University My completion of this thesis could not have beenaccomplished without the teachers support I feel grateful to be educated to widenmy knowledge of law aswell es the English language so could put my ideas intosomething concrete

Thirdly, I would also like to thank my parents for their love, caring andsacrifices for educeting and preparing me for my future Besides, thanks to myfiends for spirtuelly supporting me and my clessnetes for their assistance incompleting this graduation thesis Finally, due to my leck of professionalexpesience end knowledge, st would be g/ealy appreciated if I received anyFeedback or suggestions on improving the thesis content from all lecturers

‘Thank you from the bottom of my heart for everything!

LIST OF ABBREVIATIONS

cYFSA Child, Youth end Family Services Act

10 Intemetionel Labow Organization

IDA Juvenile Delinquents Act

NGOs ‘Non-governmental orgenizetions

UN United Nations

UNCRC United Nations Convention on the Rights of the Child

UNICEF United Nations Intemtionel Children's Emergency Fund

UNODC United Nations Office on Drugs and Crime

YCIA ‘Youth Criminal Fustice Act

YOA ‘Young Offenders Act

STATUTORY DECLARATION ACKNOWLEDGEMENTS

LIST OF ABBREVIATIONS OUTLINE

1 Rationale of the research.2 Literature review

3.1 Foreign publications 32.2, Domestic puditcations 43 Objectives and tasks of the Thesis

4, The object and delimitation of the Thesis.

5 Methodology and research methods of the Thesis6 Scientific and practical implications of the Thesis.7 Structure of the Thesis

CHAPTER 1 GENERAL ISSUES OF A CHILD PROTECTION SYSTEM.

1.1 The concept of a child protection system

1.1.1 The definition of a chtid protection system 91.12 The characteristics of a child protection system 101.2 The necessity and significance of a child protection system

12.1 The necessity of a child protection system 1412.2 The significance of a chtid protection system 15

1.3 The pillars of a child protection system,

13.1 The legal framework 1813.2 The child protection institutions 1913.3 The measures of child protection bì1.4 The relationship between a child protection system and a juvenilejustice system.

Conclusion of Chapter 1

CHAPTER 2 THE CHILD PROTECTION SYSTEMS OF CANADA AND‘THAILAND.

2.1 The child protection system of Canada.

3.1.1 The legal framework on chtid protection of Canada 262.1.2 The chtid protection institutions in Canada 313.13 The measures of child protection in Canada 332.14 The relationship between the child protection system and thejuvenile justice system in Canada

2.2 The child protection system of Thailand.

3.1.1 The legal framework on citid protection of Thailand 393.12 The child protection institutions in Thailand 43.13 The measures of child protection im Thatland 44214 The relationship between the chtid protection system and theJuventie justice system in Thatland 45

Conclusion of Chapter 2 48CHAPTER 3 THE CHILD PROTECTION SYSTEM OF VIET NAM- COMPARING WITH THAT OF CANADA, THAILAND ANDPROPOSALS FOR VIETNAM s0

3.1 The child protection system of Vietnam

3.1.1 The legal framework on chtid protection in Vietnam 503.12 The child protection institutions mn Vietnam 523.13 The measures of chtid protection m Vietnam 53.14 The relationship between the chtid protection system and theJjuventie justice system im Vietnam 56

32 Comparing the child protection systems of Vietnam, Canada and Thailand573.2.1 Sonilerities tn the child protection systems of Vietnam, Canada and ThatienaS73.2.2 Diferences in the clald protection systems of Vietnam Canavia and ThatlandS93.3 Proposals for the improvement of the child protection system of‘Vietnam from the Canadian and Thai experiences 613.3.1 Proposals for the improvement of the relevant iaw in terms of thechild protection system 61332 Proposals for enhancing and strengthening the institutionsinvolving child protection 64Conclusion of Chapter 3

LIST OF REFERENCES,

According to the United Netions Convention on the Rights of the Chala?(UNCRG), « childis also afsumen being end, being citizen of « country should havefall basic nmen sights, but “due to their physical end mental immetuity, requiresspecial protection and care, including appropriate legal protection, before as well asafter birth” Therefore, national lews on the protection of children need to beregulated end applied according to en approach based on human sights and thechildren sights That mesns an approach thet ensures a balance between provisionscon the content of lniman sights and children sights and low to implement such sights.In this regard, the lew protecting children needs to be approached from the principleof the best interests of children In all activities involving children, whuther cassiedcụt by any agency or organization, the best interests of children must be the firstpriority The child protection system was also born and sim sở at the same purpose

‘The child protection system is a collection of different components, organizedhierarchically, eround the common goal of preventing responding to end minimizingthe sisksto protect children However, child protection systems do not always follow‘through with ll their promises This stustion probably stems from many differentcauses related to elements of the child protection systems Specifically, some legaldocuments do not fully regulate issues ralsted to child protection to snsve theprotection of children's sights or some child protection institutions don’t operateeffectively because of the limited capecity end capability of the workforce Another+eeson is the lack of specificity in child protection menstxes

Moreover, while rapid socio-economic development during the past twodecades has delivered greater prosperity to much ofthe country, t has elso placed newpressures on the child protection system Fastpaced economic development and‘usbenization have resulted in increased unemployment, family breek-ups, crime and ancrosion of traditional values Amid these emerging trends, the child protection systemof Vietnam isnot fly compliant with the UNCRC in terms ofthe legal framework forchild protection Fusthermore, the child protection institutions are not strong enough to

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as youth crime? According to deta from UNICEF, in Vietnam, more then two in threechildren aged one to 14 years experience violent discipline end more then 170,000children are without parental care, destitute or abandoned? It can be seen that thesituation of children having their rights violeted is alarming this seriously affects theindividual child and society as a whole

From my perspective, the most effective way to improve the child protectionsystem is to research practical lew in the context of intemetionel comperativeselationships ‘Therefore, there are certain appropriete proposals for the childprotection system in Vietnam from other countiey experiences with the childprotection system Based on the foregoing the author chose the topic “Childprotection systems of Pietnam, Thailand and Canada in a comparative perspective”for graduetion research This is e new comparative lew study thet does not overlapwith published studies The research results contribute to improving the efficiencyand promoting the development ofthe child protection system

2 Literature review

‘The majority of scholars around the world focus persistently on studying thelew for children from the perspective of sociology, criminology, psychology,legislative bass end child-educated management skills In these researches, thesubject matter related to children including “children’s rights protection” or “child,protection system” sone of the most prior issues The forms and techniques to accessthe child protection system are taken into consideration in cach reletionship withdifferent models, based on the commitment and the requirements suited to thecultural, social, and politicel contests of each county In the process of studying thetopic, the author has consulted several documents and typical research reports in theform of scientific topics, master's theses, doctoral theses, books and magazines.Correspondingly, some typical research projects can be summarized below:

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‘Systems Intemational Trends and Orientations”, is e comparative study of the socialpolicies end professional practices thet frame societel responses to the problems ofchild meltreetment in ten counties: the United States, Canada, the United Kingdom,Sweden, Denmesk, Finlend Belgium, The Netherlands, Germany, and Nonvey.Focusing on the developments in policy and practice since the mid-1990s, this volumeprovides a detailed up-to-dete analysis of the similarities and differences in how childprotection systems operate end their outcomes The findings highlight the changingcriteria that define child maltreatment, trends in out-of-home placement, professionalresponses to ellegations of maltreatment, and the level of state responsibility for childend family welfare, providing an in-depth understanding of the different ways modemwelfare states assume the sensitive responsibility of belancing childken's rights andparents rights The changing character of child protection systems worldwide reflectsdramatic end rapid orgenizetional, policy, and legislative chenges; the expension ofchildwelfare systems, (he sise of formel procedures and evidence-based initiatives, theincreased chellenges posed by race and ethnicity; end the extent to which countiesadopt either a child protection or a family service approach to child abuse

In Nancy Freymond end Gary Cameron (2006), “Towards Positive‘Systems of Child and Family Welfare: International Comparisons of ChildProtection, Family Service, and Commionity Caring Systems’, the authors have‘brought together some of the finest infemnetional minds to provide an original andintegrated discussion of child protection, family service, and community caringmodels of child and femily welfare The volume not only exemines child protectionand femily service approaches within Western netions- including Canad, the United,States, England, the Netherlands, France, and Sweden Itis also the first comparativestudy to give equal ettention to Aboriginal community casing models in Canada end.New Zedend The comparisons in this volume allow for a consideration ofconstructive end feasible innovations in child end family welfare and contribute to ansnrichsd debste around each system.

+ Nel Gibøt, NÓ Patm, end Mark Sivmes (011) Child prozenon sites: Suomen ent cetoninnin, Oytrd non Đa, Orta, UE,

“Ngvy Pryneed au Guy Canara (2005), Tower Pov Stems of alten Pl Welw: SeemanComperson of Child Pectin, Fai Service, cet Conny Cơrg ong, hiươnhy Tato Pes

Jill Duen Bemick, Neil Gitbest end Merit Skivenes (2023), “The OxfordHandbook of Child Protection Systems", is the largest to date overview of childprotection systems across the world The book describes and enalyzes the weys inwhich 50 counties from every continent, except Antercica, have developedmeasures for the protection of children in need of protection ageinst maltreatmentprescribed in the UNCRC The book also discusses the legislative responses, publicadministrative systems, end the social service networks that govenments have put inplace to secure the protection of children against maltreatment and exploitetion Thecase studies in this Hendbook provide insights into the diverse factors thet shape theefforts end accomplishments of child-protection systems sround the world Theuthors propose s global typology of child protection systems, which aids inunderstanding the divers end mechenisms in place to understand how childprotection systems work, and why stetes approach protection of children differently.

Gabrila Ivan (2021), “Child Protection in Canada and England’ AComparative Anslysis”, this phenomenological research endeavours to compare thechild protection systems of Caneda end England from the legislation perspective,‘with the focus on the definitions of child abuse end neglect in order to identify someof their similerities and differences and capture some aspects of the child protection‘workers’ expesience with the legislation endwith these definitions, Furthermore, thisexplorative paper examines the implicetion of the legislation end the definitions ofchild abuse and neglect on the day-to-day work of child protection workers who heveexpesience in working in both countries Cansda and England and identifies some ofthe similasities and differences between the two child protection systems.

2.2 Domestic publications

In Chủ Manh Hung (2004), “Legal mechanism to protect childken's sights in‘Vietnam’, Master's thesisin aw, the author hasfocused on researching theoretical issuesabout children's rights on he basis of human rights The thesis focuses on cleifying the‘practical operation of the legal mechanism to protect children's sights in Vietnam,thereby finding out the limitations of this mechanism On that bass, the thesis proposessolutions to improve lers and institutions to protect childen!s sights in Vietnem.

*suDue Bart Nel Gibe en Mara Sivnes (2023), Te Over Hino of Cal Protection Stems, Ordon‘Univasay ess.

Gabel om 2021), Chữi Protection Cea en High: A Cup Arabs Jounal Plt hả Lan;VoL No.2

challenges" pointed out the current stuation of children having special circumstances.‘These children have difficult problems in life of economic, health, and educationaldeprivation; difficulties in communication and sociel integration end difficulties inchildren's psychological problems At the seme time, the article also points out thecurrent situation of service needs of children in special circumstances, mainly policyassistance, monthly allowance accounts for the highest proportion; partly reflects thepractical needs of the chíldrers group, showing a mentality of looking forward to thepolicies provided rather than proactively secking sustainable support services Theauticle hes evaluated the actual situation of models providing social services forchildren in special circumstances, including orphens, and pointed out the positivesand limitations of the models.

In Hoang Minh Khoi C014), “The 2013 Constitution protects children'ssights’, the article raises awareness about the protection and assurance of children'ssights specifically stipulated in the 2013 Constitution In this atticle, the authorshowed more clearly about protection and nsswance of children's rights in leborselations, marriage and family relationships, in legel end procedural legal eletions

The Juvenile Justice textbook, written by Do Thi Phuong end a team ofsesearchers (2020), has sa particular chapter named “Systems and Measures to protectchildren in Vietnam” This chepter includes three main perts, in which the secondpat is “Children protection system” This pert hes deeply focused on the childprotection institutions and some measures of child protection in Vietnam.

InDeoLe Thủ (2022), “The Philosophy of Dealing with Juveniles who violatethe law ond its Manifestetion in the Legisletive Practice of Some countries in theworld’, the author end the research team have sbsorbed and synthesized theoreticalknowledge of the philosophies of dealing with juveniles in violation of the lew Theyalso analyze some of these philosophies and the influence of these philosophies onIew-making activities From the standpoint of reflecting the legislative practice ofsome countries, the influence of the philosophies of dealing with juveniles inviolation of the lew of the UK, France, Canada, Chine end Vietnam is reflected.

* Hoang Mid Rei 204), The 2013 Contato protects leas ghe, Jounal of Legiative Sols, 16071)080014p.1318 1558,

‘There are few studies in Vietnem thet research in depth the child protectionsystem, Domestic research seleted to child protection mainly focuses on two contentcons is to cleify the rights of children, the second is to discuss policies and laws toprotect children's rights Concems about the seality of the child protection systemsin‘Vietnam have not been answered cleasly and fully ifwe look at the overall picture ofthe research stuation It shows thet although the interest of the whole society ésincreasing, there have not been studies to meet the interests as well as to answerconcerns about the child protection system in Vietnem and place the child protectionsystem with infemational standards, with the trend of the child protection systemcxound the world in this day end age, In this thesis, the author focuses on the overalllegal practices of Canada, Thailand end Vietnam based on the pillars of the childprotection system As a final point I suggest some proposals forthe improvement ofthe child protection system of Vietnam from the Canadian and Thai experiences.

3 Objectives and tasks of the Thesis

The study sims to make some proposals for the improvement of the childprotection system of Vietnam from the Canadian end Thai experiences To achievethese goals, the author has focused on the following tasks

~ Analyzing the general issues of the child protection system,

- Clarifying the child protection system in three countries based on four

clements the legel framework on child protection; the child protection institutions,the meesures of child protection and the relationship between the child protectionsystem and the juvenile justice system;

- Comparing the similasities end differences inthe child protection systems of

three countries,

- Preparing some proposals for the improvement of the child protection system.

of Vietnam,

4, The object and delimitation of the Thesis

In terms of the research object the thesis focuses on studying the legelfremework, the child protection institutions and the measures of child protection andthe selationship between child protection system end ejuvenile justice system aswell

of child protection systems, child protection institutions and the measures of childprotection applied in Canada, Theilend end Vietnem The choice of Vietnam,‘Thailand, and Canada for comparstive enslysisis intentional This choice was driven‘by eninterest injucteposing systems rom Southeast Asia with that of North America‘While Vietnem and Thailand share some geopraphicel and cultural proximities, theyeach present unique intricacies in their child protection frameworks Canada, on theother hend, with its sich tepestry of First Nations influences and e history steeped in‘both French end British colonial traditions offers « contrasting Western perspectiveCenacle end Thailand are two counties with developed child protection systems, inparticular, Canada hes both civil lew tradition end common lew tredition, hence thecorrelation compasison between three counties willbe more multidimensional Thesesult ofthis thesisis some proposals for the child protection system in Vietnam fromCanadian and Thai expesiencesin the child protection systems.

‘5 Methodology and research methods of the Thesis

‘With an eim of achieving the objectives and tasks ofthe thesis, evaluetionsinthis paper ace based on its dislecticel method and materialistic view of Marxism —Leninism, There is also & combination of reseerch methods as an analytical method,synthetic method, and the methodology of Comparative Lews, (1) Analyticel andsynthetic methods are used in Chapter 1 to clarify the general issues of childprotection system; (2) Analyticel and synthetic methods are also usedin Chepter 2 tosenelyze the child protection systems of Caneda and Thailand, (3) In Chapter 3, theuhor uses methods of interpretation, analyticel end synthetic methods endComparative methods to highlight a mumber of similarities and differences of threecountries mentioned ebove on the mein issue of the thesis As aresul, the author hascommented and recommended some proposals for the improvement of the childprotection systems of Vietnam from Canadien and Thai experiences.

Intesns of scientific significance, the thesisis «systematic study of the childprotection system in Vietnam The study has s comparison with two countriesCanada and Thailand, which heve had alot of experience in the process of developingJews, end child protection insitutions in the world and also the measures of childprotection The research also enalyzes and clerifies the necessity and significance ofthe child protection systems, and evaluetes the curent legal practice of thedevelopment of child protection institutions and the meesures of child protection inthese countries After all, the thesis would like to emphasize the impostence ofimproving the selevent lew in terms ofthe child protection system end snhancing endstrengthening the institutions involving child protection

Regarding precticel significance, this thesis isa valusble reference for Stateagencies in the process of formulating policies end developing laws to ensue theeffectiveness of the child protection system as the proposels and therecommendations ofthe thesis are provided by a belanced cussiculum of theoreticalend practice research toward the child protection system Besides, the proposals canimprove the efficiency of the development and operation of child protectioninstitutions and the measwes of child protection in Vietnem Moreover, the thesiscso considers the sletionship between the child protection system end the juvenilejustice system, hence, the author has commented and su

the improvement ofthe child protection system of Vietnam Thisis also aresource toested some proposals for

support research activities for any individual or organization interested in childven ingeneral end child protection efforts in the child protection system.

7 Structure of the Thesis

Apatt from the introduction, conclusion and list of references, the thesiscontent consist of 3 chapters

Chepter 1: General issues of a child protection system

Chapter 2: The child protection systems of Canada end Thailand

Chapter 3: The child protection system of Vietnam - Comparing with thet ofCanada, Thailand end proposels for Vietnam.

1.1 The concep t ofa child protection system.

LLL The definition of a child protection system

A child protection system, « fundamental construct in modem societies enswesthe safety, well-being, and general development of children Operatinggt the relationshipflew, social norms, and child welfere, this system comprshends arenge of coordinatedpractices, services, and legislations designed to protect chileken from potential harm,abuse, and neglect, In the research of its multifaceted nature and implications, itis a‘prerequisite to understend the definition of the child protection system.

Seve the Children defines ‘child protection’ as measures end structures toprevent and respond to violence, abuse, exploitetion, and neglect affecting children.The goal of child protection is to promote, protect, and fulfill children's sights toprotection from violence, abuse, exploitetion, end neglect as expressed in theUNCRC end other human rights, hum nitarien end refugee treaties and conventions,as well as national laws ° United Nations International Childsen's Emergency Fund(UNICEF) refers to the term ‘child protection’ as ‘preventing end responding toviolence, exploitation and abuse against children — including commercial sexualexploitation, trafficking child Iebor and harmful traditional practices, such as femalegenitel mutilation/cutting and child marriage."

Accordingly, the concept of ‘child protection system’ is defined in theUNICEF Child Protection Strategy of 2008 as follows

The set of lens, polices, regulations, and sertces needed across all socialsectors - especially social welfare, education, health, ssotmip, and justice ~ topport prevention and response to protecton-related risks These systems are partof social protection and extend At the level of prevention, their arm includessupporting and strengthening faites to reduce social exclusion and to lower therisk of separation, violence, and exploitation Responatbibties are often spread‘across government agencies, vith services delivered by local authorities, non-state

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prowiders, and community groups, maling coordination bebween sectors and levels,including routine referral systems, necessary for effective child protection systems.

‘This definition continues to be used by UNICEF end partner organizationstoday The definition remains highly relevant in providing e structural framework for« child protection system.

A child protection system is also defined as

‘Specific formal andinformal structures, functions, and capacities havedeen assembled to prevent and respond to violence, abuse, neglect, andexploitation of children A child protection system is generally agreed to becomprised of the following components: human resourees, finance, laws andpolicies, governance, monitoring, and data collection, as well as protection

and response services and care management It also includes different actors— children, families, communities, those working at the subnational or nationallevel, and those working internationally Moctimportant are the relationshipsandinteractions between and among these components and these actors withinthe system Itis the outcomes of these interactions that comprise the system.”In general, these definitions demonstrate several elements, such es legalframeworks, institutions and measures, making coordination to prevent andrespond to violence, abuse, neglect, and exploitation of children, With a varietyof definitions of ‘child protection system,’ this thesis would thereforegeneralize the concept of ‘child protection system’ as a structure comprising oflegal frameworks, institutions, and measuresto prevent, support, and respond in casesof violence, exploitation and abuse ageinst children - including commercial sexualexploitation, trafficking child lebor and other harmful traditional practices, with aclose relationship and dynamic emong these components to ensuce the effectiveoutcomes of the practical implementation of the system itself

1.1.2 The characteristics of a child protection system

A child protection system is designed to safeguard the well-being and sightsof children, ensuing they are protected from abuse, neglect, exploitation, and‘violence The characteristics of an effective child protection system typically include

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Firctly, the child protection system is protective Cleer and comprehensive lasend regulations serve as the pillar of the protective fector of the child protectionsystem The legal fremework plays an important role in seting out children's sightsend specific measures for cildken's protection The UNCRC) recognizes children assights holders and provides them with individual rights" Under Asticle 19 ofUNCRC, children have the sight to be protected from physical end mental violence,neglect, sexuel ebuse and exploitation, while they ere in the cere of parents or anyother person By establishing a solid legel basis the system provides structured endenforceable framework for snstringthe sefety endwell-being of children, Within thislegal framework, & crticel focus lies on addressng various forms of harm thetchildren may fece, including abuse, neglect, exploitation, and violence Legalprovisions mainly targeting these issues ere essential components of the protectivemechanisms Article 32 of UNCRC stipulates thet:

‘States Parties undertake to ensure the cald such protection and care as isnecessaryfr is or her well-being talinginto account the rights and dies of is or herparents, legal guardians, or other indtviduals legally responsible for lim or her, end, to‘Mes end, shall ike all appropriate legislative and adnénstrave measures’

Asticle 3.2 gives the child the sight to such protection and care as isnecessary for his or her well-being The provision also stipuletes the duties ofrents, legel guardians, or other individuals in protecting and ceringfor the childBesides, Article 2 of UNCRC stipulates thet

“1 States Paris shall respect and ensure the rights outhned in the presentConvention to each child within ther jurisdiction without disermanation of eny Kind,irrespective of the elald’s or ls or her parent's or legal guardian's race, color, s5,language, rehgion, pobiical or other opinion, national, simie or social eHgin,property, sabi, birth or other status

2, Sates Peres shall take all appropriate measures to ensure thatthe elildasprotected aganst discrimination or posshment based onthe status, achuties, expressed

opinions or belqf of the cald’s parents, legal guardians or fantly members’

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‘These provisions stipulate prohibited actions and the corresponding penalties foroffenders This dual approach acts as e prevention of offense and reinforces thecommitment to holding individuals accountable for ections that threaten the safetyend sights of children

Secondly, the objects of the child protection system are children A childprotection system focuses on the child's best interests as the primary consideration inall actions end decisions Article 3 of the UNCRC is en umbrella provision thetprescribes the approach to be taken in all actions concemning children It cen also beseen as a mediating principle to assist in resolving conflicts between rights wherethey arise within the overall framework of the UNCRC and to evaluste laws, policiesend practices concerning children which are not covered by express obligations theUNCRC (Alston end Gilmour-Welsh, 1996, p, 1) "In paticules, Asticle 3.1 of theUNGRC gives the child the sight to have his or her best interests assessed end takeninto account as a primary considerstion in all actions or decisions thet concern himor her, both in the public and privete sphere Tt sims to protect childcerts rights toprevent, respond to, and resolve the abuse, neglect, exploitation end violencesxpeiencsd by childken in all settings "” Child protection work strengthens thecapacity of all these actors to protect children and develop systems end mechanismsthet provide meaningful protection for all children in the longer term It seeks toadévess the soot causes of child protection failures, such as chronic povesty,insecwity, power imbslances, and harmful treditionsl atitudss end behaviors.

Thirdly, subjects ithe child protection system involve both state end non-stateclements Adequate child protection involves working with various formal endinformal bodies: governments, multilateral agencies donors communitiescaregivers, and families It also depends on close partnership with children endinitiatives to strengthen childken's capecity to protect themselves The State actor

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tekes the lead sole in this work, shouldeting the primary responsibilty for fulfillingchildren’s protection rights and establishing # national end community-based childprotection system with œ coordinated and holistic approach, integrating thecontributions of the different sectors and actors Adequate end quality prevention,esponse, and monitoring of child protection requires coordination of relevantserviceswithin the child protection sector end other sectors like health, socielwelfere,‘educetion, end justice.”

Fourthly, @ child protection system characterized by e child-sensitive approachplaces the well-being and rights of childken atts core TM This approach acknowledgeschildren's unique needs, vulnerebilities, and capecities shaping policies endinterventions with a deep understanding of their developmental stages It priritizesthe sctive participation of children in decisions affecting them, valuing theirperspectives Beyond safeguarding from ham, it promotes holistic well-beingencompassing education, heeltheare, end e murturing environment Collaborationwith various stakeholders, including children, families, communities, andinstitutions, becomes pivotal, fostering e collective responsibility for child protection.A chủdsenstive epprosch creates an environment where children feel safe,respected, and empowered, chempioning their unique needs and sights within «from ework thet priostizes their growth and development Concretely, child-sensitivesocial protection should focus on aspects of well-being thet include: providingadequate child and maternal nubitien, access to quality basic services for the poorestend most marginalized; supporting families end caregivers in their childcere role,including increasing the time available within the household; addressing genderinequality, preventing discrimination and child abuse in end outside the home;reducing child Iebour, increasing caregivers access to employment or incomegeneration; and preparing adolescents for their own livelihoods, taking account oftheir role es current andl future workers and parents?»

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"on Roel and Fach Sbaes Weer (2012), A chil smstire pronto social protectin: sercngpacticsaad sruage needs, De Poy Đưa, SN 17583373,p 1-302

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1.2 The necessity and significance of a child protection system1.2.1 The necessity of a child protection system

Because of their inherent vulnerability and developmental stage, childrenoccupy @ unique position in society that needs special safeguards The childprotection system, thus, is not simply a statutory obligation but a moral imperative

Firstly, child protection addresses the critical issues thet childcen arevulnerable to, such as harm, abuse, neglect, and exploitation Because of theircognitive, physical, and emotional stages of development, they often can not advocatefor of protect themselves in the seme manner as adults Therefore, @ strong childprotection system is essential to bridge this gap end prioritize children's rights andwell-being

‘Secondly, from a broader societal perspective, feilure to protect children wouldlead to many serious issues Adverse childhood experiences stemming from abuse orneglect can lead to lifelong physical and mental health issues For example,malwssted children are more likely to have emotional and behavioural problems(Cicchetti etal, 1990; Fantuzzo et al, 1998, Katz, 1992; Kendall-Tackett et al, 1993,‘Maughan & Cicchetti, 2002) and acedemic delays and/or school failure (Cicchetti etal, 1990; Cook, 1997; Fantuzo et al, 1998; Katz, 1992; Kendall-Tackett et al, 1993;‘Maughan & Cicchetti, 2002; Spatz & Widom, 1994) that may negatively impact theirability to acquire concepts, including understanding of rights” These adverseoutcomes can reverberate through societies in the form of increased crime rates,‘mental health challenges, substence abuse, endl even perpetuation of cycles of abuseHence, a well-functioning child protection system is a preventive measwe, thwartingppotentiel societal chellengesTM

Thardly, a child protection system is necessary for œ developed society.Investing in children today lays the foundation for longterm susteinsble

xa ‘kg 32sec SSP% Done stent 208% 202082000 gi 3.

Mihael G Wests C019), Botamp tgpZotdlvs to suenghenng child rơm sums: Pacing dire,‘onles nd commutes ah cere, The Reematenal Society for vert of Chil Abuse end Neglect Vole

43,<imps Yasin ediectcomc inher 501457138 5001246 aN IDInD> pL

Michel Prtson Beh 2005) Fights Concepons of Mareated Chien Largan Satt Cạn, Te Buenosaural of Chace ge, Vole 16 Ne 115910637 48, Marans Napa abl 103

el Glin (202), 9Ã Look a Cult Eacăm Rofo tnongh the Lens of Seni Scene, Wt lo tệSee? De ri Jue of Sci Werk, Wha 52, be Tp 396-3081

development The development of eny society depends on its young generation sơthe holistic development of children, facilitated by a secure environment free fromham, is foundetionsl to the emergence of responsible, well-adusted adults Forexemple, Covell end Howe (2001: 7-11) argue thet providing for the sights of children- categorized by Thomes Hemmerberg (1990) as protection, provision, andpavticipetion rights - is necessary to fulfilling the developmental needs of childken.‘They claim thet in each of these three categories of child sights, when the sights ofchildren are violated or impaired, childcen ere at risk of unheclthy development,including entry into « pathway of enti-sociel and criminal behavior TM If childeen!ssights ere not guaranteed, this will lead to negative consequences for society‘Therefore, investing in child protection means indirectly investing in the netion'ssocietal, economic, and cultural future

Fourthly, on the global stage, many intemetional conventions and treaties,such as the UNCRC, underscore the wniversel impostence of child sights endprotection, one of the vitel tasks ofthe child protection system Complience with suchstandards elevates a netion's stending intemetionelly and aligns with the globalmovement toward enhanced child welfare

In conclusion, the necessity of a child protection system is multifaceted,spenning individuel, societal, end intemetional dimensions It is not just aboutshielding children from herm but aboutlaying the foundation for a stronger, healthies,end mare equitable future for all,

1.2.2 The significance of a child protection system

The child protection system plays a pivotal role in modem society,standing ase bulwark against the potential herm to children as the most‘vulnerable members of society Its significance spans several dimensions, eachunderscoring its pivotal role in sheping individuel lives and broader societalframeworks.

° UNICEF & Minbey of Labo, ows end Soci] Aes of the Govemmnt of Vit Nam (2016), A Statin

duds cơ Chim om Vet Nga 2016, < Mvps/iVnnraregynamlbrbaG22U52/8 20min 0a 260% 202084 20 20a 202016 p> D3.

° Fasm Home 1000), Culens Rigas Chie Prevatin, Tee Seeman Janel of Calcens Bie,‘Marans Nill Piles, Vola 16,04 ISSN 0927 ~ 55689 461.

Firstly, e child protection system serves as the primary structure to upholdthe fundamental rights of children, Rooted in international conventions, notablythe UNCRC, it emphasizes thet every child, isrespective of their background, hasthe unassailable right to @ life free from abuse, neglect, and exploitation

Secondly, beyond the immediate physical safety, the system plays a crucialrole in the holistic development of children Potential long-lasting adverse

effects of child maltreatment have been widely reported.2” Childhood traumas

stemming from abuse or neglect can lead to long-lesting consequences, affectingcognitive, emotional, and social growth Concretely, child maltreatment is œmajor public health issue worldwide, with serious and often debilitating long-term consequences for psychosocial development as well as physical and mentalhealth ® By preventing such adversities, & child protection system ensures thetchildren heve the environment they need to flourish and reach their fullpotential

Fiothermore, every child has the sight to be protected from violence,exploitation, and ebuse regardless of the circumstance, which is gueranteed by œchild protection system ® It connects children to vital social services and feirjustice systems starting et birth, as well as provides ex ceptionel care to the mostvulnerable, including children uprooted by conflict, poverty, and.disaster; victims of child lebor or trafficking, and those who live with disebilitiesor in alternative care In children’s literature, the importance of securing thechildren’s rights is justified on the basis of lew end principles of justice but alsoof healthy child and adolescent development Much attention has been given tothe legel justification of children’s sights As emphasized by Eugene Verhellen(1994), in ratifying the UN Convention on the Rights of the Child, States Pasties

© Shateam L, Giamoti, M, Mill, R, Kiely, $, Najman J, & Abajobir, A (2020), Long tamCognitive, Pychological, and HealthOutcomes Asrecnted With Abuse and Neglect, PEDIATRICS

- Oficial Jømmal of The Amencan Acalemy of Pediatr, Vole 146, No 4, 0X08,lity oi og/10 1542)peds 2IDD.0439-

`" Cheyenme Dorneya, Aoife Crummy (2022), The impact of chulhod trmima on chien’: welbeingand alt beluvier, European Joumal of Tamme & Disocizton Voluwe 6, le 1, 100237, <ps di xg/10.1016§ «td 021 1012515, số.

© Gibert, R, Wödom C S, Browne, K, Fengsson, D, Wbb, E, & Janson, $ 2009), Banden andconsequences of child malbeatment in high-income counties, The Lancet, Volume 373, Isue 9657, <ups di oxg0.1016150140-6736(09)61 706-1 > p 68 S1

UNICEF, Child Protection ity brave mace eng/aotectin>, accessed Novenber 10, 2023.

to the Convention ere legelly bound to ensure thet their lews, policies, andpractices are consistent with the Convention, if not immediately then over time‘As Verhellen points out, the Convention is a legally binding treaty, not simply 4

declaration States Parties have the legel obligation to put the sights of the childinto effect In addition to iotemational lew, attention hes been given tophilosophical justifications of childsen's rights Michael Freeman (1992), forexample, applies Jobn Rewl¢ theory of justice to justifying sights for children,meking the case thet the basic rights of children should be seen as part of thefirst principle of justice, the principle thet equal sights and liberties should come‘before all else in & just society Freeman makes the case thet reesoning aboutjustice would lead to a social contract in which children, as & vulnereble groupin society, would be given fundamental sights that would provide them with @protective shield against forces thet otherwise could harm them 3L

Moreover, the social significance of « child protection system is profound.Children are the future torchbeerers of a society's values, culture, and progressInvesting in the child protection system creates a brighter, more cohesive futureConversely, « child protection system does not work properly thet can lead to @gyeet number of serious social consequences In addition, the strength andcffectiveness of a child protection system often indicate its values, priorities, andsthicel stendards, Societies prioritizing child protection signel « commitment tojustice, equity, end the well-being of their most vulnerable members In an

interconnected world, child protection hes transcended national borders and‘become a collective global responsibility International collsborations, sharedbest practices, and global policies on child protection underscore the universalsecognition of its significance.

In conclusion, the child protection system is not just @ set of policies oragencies, It is the embodiment of @ society's commitment to its future Itssignificance lies inits capacity to shape lives, communities, and the developmentof society.

` Ris Howe C009, Galen's Rig as Gime Prevaion, De Seeman Jaunal of Caen Riis,Matias Ngho# Alaa, 1Blsae 16,No.4 ISSN 0027 —5568,p 460.

1.3 The pillars of a child protection system

A child protection system forms the basis of @ society's commitment tosafeguarding its youngest and most vulnerable members Inticately designed endmeticulously structured, « child protection system sims to prevent, address, andsnitigate siske thet children might face.” A child protection system contains threesein pillers the Legal framework, the child protection institutions, end the measures

of child protection.

13.1 The legalframework

‘The legal fremework is one of the most important pillars of « child protectionsystem An integrated child protection system requres enstionel legislativefromework thet creetes « safe environment for childven It needs to ensue respect,protection and fulfillment of the sights of the child according to the principles andprovisions of the Convention on the Rights of the Child In addition to developingoverarching children's sights statutes ít is essentiel thet all xelevant sector-specificleơs such as those on educetion, health end justice, reflsct the UN principles andstandards In paricular, the legal fremeworkis adequate to create « system includingews specielizing in child protection like the Children Act and other laws to support,namely Educetion Lew, Civil Law, end Juvenile Justice Lew The legal fremeworksets out fandemental principles end philosophy of child protection In partizuler, theUNCRC brought all childreris sights together in one document for the frst time inhistory The most impostent principle on which childken's sights are basedis the ‘best

“UNICEF CO10), Adapting a Systeme Appoach to Child Protection Key Concepts and Considerations,

lity: Jnesoucecenbe savetheclaliren xeWocumentadapting sy:tems-appoach-cild

comept-and-‘onieraton f~text-Rathe/20tan?20be(ODeac/20chldaolved’/20int20protecting20eMens Oighs>, accessed November 10,2023,

> Busopean Union Agency for Fundamental Right (2015), Mapping clald patection syste in he EU, <Ip iff suopa =lenlpbesten/20l6fnapphi-peobeben-.yrbnt-ed>, accessed Norenber 10,23.

interest principle! which means any ection teen regarding a child must bein hữu her‘best interest +

Besides, « legal framework also sets out provisions on specific issues relatedto children end child protection agencies, perticulaty former institutions state actors,onatate actors, and social actors Lege instruments contain the sights endabligntions of the stete and community concerning child protection, of which thecontent and form must follow a particular set of rules end standards The sightsstipulated in these instruments also include rights to mvivel, rights to development,rights to protection sights to putcipation.

Article 6 of UNCRCTM stipulates the obligation of State Parties and thechon srighty to survival as follows:

“1 States Paris recognize that every clad has the inherent right to hi

2 States Parkes shall enaure fo the mannan extent posable the suraval anddevelopment ofthe chữ"

Because childten are immature both physiclly and emotionally and cannotsurvive on their own, the ‘rights to survival’ in the Convention not only include «guarantee to life but also a guarantee of nutrition and health care at the highest level 3#Rights in this group include the right to muvivel, the right to have birth registrationsnd nationality, the righ to live with parents and the right to be len care of

among others National legalation futher localizes these pindplsn detalingspecifics like age restrictions, definitions of some terms, and penalties for violations

1.8.2 The child protection institutions

Child protection institutions are an essential piller in safeguarding the well-beingof children, and they encompass a diverse aay of actors, both state and non state

> Hemunt Kounar Chahurved: 2019, Inerationsl Legal Framework for the Protection of Child Right,iemanonal Research Jrenal f Managemen Sociology & Fhoncoaty, Vohame 10 Lang 10 1SSN2277-

9800 (Onin) 2348~ 0850 (Priv), p 158

` aa Nai, Connencon onthe Big fi Child doped end opener sigue aii and acess"9y Gaul Assay resobean #425 of 20 Nơrenhr 1058

`) Đa Remutimul (209), Copter 3 Child igs and dies La on dil rotectin in Vitam, Poste

Dscpinss, ` epr/pầm Jemmutisolmglpbs2133010009 postin dscpine pat 3.epa>, accesed‘Novena 10,2023,

‘Ack 7 of Cerentino the Pigs of the Cid 1960,

Ati Ð chủ Antrb 10 of Camvttion nt igh af he Chủ 1989,

“Tri, state actors, such ae goverment agencies and law enforcement, form«fundamental pat of the institutional framework, responsible for implementing endenforcing child protection laws end policies Their role includes investigation,intervention, and legal meesures to ensure the safety of children Article 4 of theUNCRCỀ slates that governments must “undertake ell appropriate legislative,administrative end other measures for the implementation of the sights recognized inthe present Convention” In other wards, it places e pro-ective obligetion ongovernments to introchce the measures needed to tum the principles of the UNCRCinto practice realities The Convention also requires govemnments to provide regularseportsto the Committee on the Rights of the Child the international body establishedto monitor govesnments’ progress in implementing the UNCRC In its serutiny ofthese reports, the Committee has stressed the need for changes in governmentstructures end mechanisms to allow consistent consideration for children’s sights —compatibility of legislation, national strategies for childken rooted in the UNCRC,snetyss ofthe impect of proposed policies on children, budgetary analysis, end publiccovereness of childcen’s sights Other institutions like Child Welfare Committees,Juvenile Justice Boards, Child Protection Units, Ministry of Health, Ministry ofJustice also performs the task of protecting children in different aspects.

Secondly, non-state actors, including non-governmental orgenizations(NGOS, community-based orgenizetions end edvocaey groups, contibutesignificantly to the child protection system, In collaboretion with governmentalinstitutions and agencies, NGOshave organized seminars and workshops to empowerchildren and raise awareness of childken's sights in society.*! Besides, these entitiesalso often provide support services, advocacy, and community outreach, addressingthe root causes of child vulnerability For example, NGOs such es Seve the Childrenend Young People also work to strengthen anti-child labor laws by providing

"Utd Ngim, Comercio on the Bigs of 0 Child adopted eo cpm fer sige nctôm wd cession.

"9y Gaal Assy resobtin #425 of 70 Novenber 1989,

UNICEF COÓD, Inipadat R#ượg Đương Chiles Rigs, < MpslEmnrnrdCaginblrtieebdilögktBrpể>,p 3 acesed November 10,2023,

‘Sfp er Cates 0019 NGO Carne nt cima igi ote Cate 2030 Ager— Delo”,

per a orgs is Doct soe Chern OSO.op Caren CRC PolyCoterpa >,

acess Nove 10,2073,

compelling evidence thet serves a the foundation for legietion Legislative victoriesinclude the Child Lebor Prohibition and Regulation Act, strengthened by NGOintervention ® UNICEF is working in the world’s toughest places to reach the mostdisadvantaged children end adolescents ~ and to protect the sights of every child,everywhere One of the world’s largest providers of vaccines, UNICEF supports childhealth end nutrition, safe water and sanitetion, quality educetion and sill buildingHIV prevention end treatment for mothers end babies, and the protection of childrenand adolescents from violence and exploitation?

‘The colleborstion betiveen state and non-state actors is essential, art bringstogether the strengths and resources of various sectors to create a morecomprehensive and effective child protection system This collaborative eppronchreflects a shered commitment to promoting the sights and well-being of children,acknowledging thet a multfecsted effort is crucial for achieving meaningful endTesing impact.

1.3.3, The measures of child protection.

Beyond the legplities and institutional structures, child protection measures‘bring in tangible, on-ground strategies that directly impact children's lives Article19.1 of the UNCRC states thet State Parties must "take all approptiste legislative,administrative, socil and educational measures to protect the child from all forms ofphysical or mental violence’ Article 19.2 of the UNCRC stipuletes thet suchprotective measures should as appropriate, include effective procedures for theestablishment of social programmes to provide necessary support for the child andfor those who have the care of the child, as well as for other forms of preventionsad for identification, reporing, referral, investigetion, treatment end follow-upof instences of child maltreatment described heretofore, and, as appropriate, forjudicial involvement The measures of child protection encompass a broad spectrum,

“© Nagmängpx, Dr Srpad Eoiammi C013), Rok of NGOS in Protecting Child Rigs, Beeman Jaan for

Reseach Dena and brovaion, Wohin 8 sue 5,1SSN 2456-3315 p 209.

° UNICEF (TD3, What UNICEP, < lwprltmmvaussfoglbontemie

questions ~text-Ore ott Owen CObagestadoleert fen cDriakneeoae%6

expbitation, accessed November 10, 2023.

ˆ* Used Nation, Comention onthe Rights of le Cad adopted and opened for signature, tifeation andaexessenby General Assembly sesohtbon 4405 of 20 November 1969

educetional messures is organizing evareness cempaigns that educate communitiesbout child rights to training programs for professionals who interac with chen,such es teachers, healthcare workers, end lew enforcement officers Child protectionmeasures are divided info different levels, including prevention, support, andintervention, and et cach level there are specific provisions on child protectionmeasvss For exemple, one stendardl messure for child protection is dixectinterventions like helplines for distressed children, safe homes for those rescued fromabusive environments, end counseling services to help children cope end heal Theysignify society's proactive and reactive steps to protect children from hem

In conclusion, the pillers of @ child protection system represent a holisticspproach to one of the most cruciel responsibilities of any society protecting itschildren Societies can aspire to create environments where childken survive endthyive through a synergistic combination of legel provisions, dedicated institutionsend child protection meesures The strength end integration of these pillars ultimately

reflect the effectiveness of the children's protection system

1.4 The relationship between a child protection system and a juvenile{justice system

Child protection system and juvenile justice system, while distinct in theirprimary objectives, often intersect in their overarching goe of ensuring the well‘being end sights of children The interplay between these two systems, grounded inlegal, social, and psychological models, presents alot of efforts to safeguard childken

A child protection system primarily centers eround safeguarding chien from‘neem, neglect, end abuse Its architecture is built onthe prevention of maltrestment andthe provision of safe envisonmentsfor childcen, peticuely those in vulnerable or stxiácsituations Whether a child faces neglect athome ori expose to potential exploitation,the child protection system stepsin to shield, rescue, end often sehebilitte

On the other hand, the juvenile justice system engages with children endadolescents who have come into conflict with the law.*® This system was to differ

'*UNGDC (013), utes in Matar Emolrng Chalten n Carfct wih Low, Model Lawn Sven tết nd

Felted Commnuey, < lrps/MnnftnolasgjHocanjasye-gwlersetrdamaĐwst+ Mates, owingx=-— 10,2023,

from adult or cximinal cout in a mumber of ways because it is cheracterized by itsown child specific laws, procedures, authorities, institutions end disposition ofmatters 6Itwas to focus on the child or adolescent as a person in need of assistance,‘not on the act that brought him or her before the court” Rether then being merelypunitive, this system is grounded in principles of rehebilitation end reintegrationRecognizing the developmental stage of its subjects, it aims to redirect misguidedyouth, offering them oppostunities for reform, educetion, and growth Despite theirdistinct roles, the two systems often converge A child subjected to neglect or abusenay act out, leading them into the purview of the juvenile justice system,

Conversely, « juvenile offender might be œ victim of prolonged abuse,‘wecrenting intervention from a child protection system The United Netions Officeon Drugs and Crime (UNODC) defines: “A jtwentle justice system includes laws,policies, guidelines, legal practices, and legal practitioners, specialized institutions

and handling apply to affected children accused prosecuted or determined to haveviolated the law."* Thus, st becomes imperative for both systems to be in sync,shering information end resources to addcess the child s needs comprehensively.

‘While both systems sim for the child's welfare, their methods might differ Achild protection system might emphasize semovel from e hemnftl environment, whilethe juvenile justice system might focus on counseling, community service, or evendetention Collaboretion is crucial to ensure that in scenesios where their interestsoverlap, one system's actions do not inadvertently compromise the goals ofthe other.Both systems in essence, revolve eround the principle enshrined in variousinternational conventions, notably the Convention on the Rights of the Child: thechild's best interests Whether it is ensuing protection from hem or providing «

“© UNICEF & OECS Conuscim QOI6), OECS ASSESSMENT OF CHILD PROTECTION SERVICES,COUNTRV REPURT PUE THẺ BRISH VHEƠN ISLANDS,Spe rr nce zghueanv.rbbsandesdii2961/05/EU0% Depart nd Oc protect Ose

spe p 67 accessed November 10,2023,

` Natoma Research Counel aml lets of Medicine (XD), Javerle Crime, Juvenile Josie, Theational Acadense: Pers, Wachington DC, p 154

“UNODC C019) Inbedting The Unde Natone Model States al Practica Mesauer ante Einaition

fichowghep-confethploads(01906Vinknce- Agni Clalven Tool fa Policymakers pấ 71 HO>, accersed Norenber152m3

second chance after a misdemeanor, the underlying objective remains the child'sholistic well-being end development

‘The relationship between the child protection system end juvenile justicesystem is chellenging Differences in protocols, priorities, and even resourcellocetion can sometimes lead to gaps in service delivery However, with increasingsecognition oftheir interdependent roles, there is a growing emphasis on intepreted‘weining, shared databases, end inter-agency collaboreion.

In conclusion, while distinct in their primary functions, the child protectionsystem and juvenile justice system are deeply interwovenin thes sharsd commitmentto the well-being of children Their reletionship underscores the importance ofholistic approaches to child welfare, recognizing thet protection, justice, andschobilitetion ae inextricably linked inthe inticate tapestry of children's lives

‘Conclusion of Chapter 1

In short, a child protection system is & set of laws, policies, ceguletions,institutions, and services needed for child protection The child protection system, «vitel component of societal infrestructuce, is đem gnedto defend the sights end.welfereof cileken, There are fowr mein characteristics of e child protection system, includingprotectiveness through a robust legel and regulatory framework, as well as specificpolicies related to child protection; e focus on the childrerts best interests; subjectscontein state and non-state actors, end operating with e child-sensitive approach.

Nowadays, it has become necessary to develop e child protection systemworldwide as it not only contributes to upholding children’s fundamental rights butsso ensures the holistic development of children Consequently, they can heve theopportunity to fully develop and become useful citizens of society, therebycontributing to the prosperity of their community: In addition, developing « childprotection system reflects many societal values slongside @ nation's globalcommitment and collaboration, depicting societal cohesion and progress.

‘The first chapter elaborates on the three pillars of a child protection system,including legal fremeworks, institutions, and child protection mesures Moreover, itslso recognizes the relationship between a child protection system and e juvenilejustice system to provide anin-depth end comprehensive view ofthe child protection

system The next chepter will approach the child protection system of Canada andThailand based on three pillars of child protection system, together with theselationship between the child protection system and the juvenile justice system ineach county.

(CHAPTER 2 THE CHILD PROTECTION SYSTEMS OF CANADA.AND THAILAND

2.1 The child protection system of Canada

Cenatlais a perliomentary democracy: its system of government holds thet thelew is the supreme authority The Constitution Act of 1867, which forms the basis ofCenatla'switten constitution, provides thet there shall be one Pantiement for Canada,consisting of three distinct elements the Crown, the Senate and the House ofCommons However, as a federal state, responsibilty for lewmeking in Canada isshered among one federal, ten provincial end three tersitoril governments.” Eachprovince elso has the power to legislate in matters desting with child protection andwwelfere generally and to provide services to children Specific legislation reguletingchild protection institutions end child protection measures vary by provinces endtessitories Withrespectto the child protection endwelfere laws ofthe provinces, theyexe generally similar for children’s sights and consistent with each other “° Therefore,in the enelysis of the child protection system of Canada, the ‘writer introducedgenerally the child protection system in Canada and chose to analyze the child‘protection system in Ontario - the province contains the Canadien cepitel - Toronto

3.1.1 The legalframework ou child protection of Canada

Canada hes established a robust legal fremework for child protection,reflecting a commitment to ensuring the well-being end safety of children The legalfremework encompasses a range of key provisions addvessing child sbuse,exploitation, and overall development, Some key components of the legal frameworkon child protection in Caneda, include

Firstly, slmost provinces and tenitoies of Canada have their own specificpieces of legislation concemning child protection as observed through the country InOntasio, child protection is governed by the Child, Youth end Family Services Act2017 (CYFSA) This act is for child wlfare practice and service delivery to be© Robat Mmbmn mử Ci Monpett 000), Host of Commms Boctdt md Pacice, <ns Annwzxcœsoene cee Docent eter up Sec=CHDLSegeD>,accsead Nowe 10,

‘Daniel C.Pefernine 997) Ch Rgles Prtction and Cini Lat afr in Cone, < aps ccnpexthponds D019 D6IDCP-Taipat 27318 > accessed November 10,2023 92

2 THẢ, Yorn ed Fenly HS At, 2017, SỐ 2017, có HH,

consistent with and build upon the principles expressed in the United NetionsConvention on the Rights of the Child CYFSA has ten key parts including (1)Purposes and Interpretation; (2) Children’s and Young Persons’ Rights, (3) Fundingand Accountability, (4) First Nations, Inuit and Métis Child and Family Services; (5)Child Protection; (6) Youth Justice; (7) Extraordinary Measures, (8) Adoption endAdoption Licensing, (9) Residential Licensing, (10) Personal Information TheCYFSA governs certain programs and services for children, youth, and families,including child welfare; residential care; adoption; youth justice, children’smental health, First Nations; Inuit, Métis child and family services

From the beginning of the CYFSA, Section 1 1 in Part 1 of the CYFSAstipulates the paramount purpose thet ‘The paramount purpose of this Act is topromote the best interests, protection and well-being of children’ One of severaladditional purposes is to recognize that eppropriete sharing of information toplan end provide services is essentiel for creating successful outcomes forchildren and families? This entails putting children and youth at the centre ofdecision-meking end outlining e clear set of rights thet epply to all children and youth,receiving services followed by the guiding principles of the UNCRC These guidingprinciples of the UNCRC are non - discriminetion, devotion to the best interests ofthe child; the right to life, survivel end development, and the right to perticipete and‘be heard Besides, the CYFSA has a seperete pert- Part II from Section 24 to Section67 governing funding and accountability of service providers, including children's aidsocieties (societies), out-of-home (residential) care providers and lead agencies Forexample, according to Section 41 of the CYFSA, children's aid societies must haveaccountability agreements with the ministry SS

‘The CYFSA has part IV from Section 68 to Section 73 stipulating FirstNotions, Inuit, Métis child end family services In pasticuler, First Nations, Inuitand Métis are three groups of Aboriginal peoples according to the CanadienConsitution These are three distinct peoples with unique histories, languages,

`3 Eếommut end Barncy Commsinar of Ontario, Ovavie of the CYFSA, tps: pe mcafsahrmodactnloveren of Su cysu edn» accessed Novenbar 18,2003,

Tenaya Culaen, Conmmay end Social Saves 2023) Discussion Guile 2023 Review of he Chil, Youthsd Fay Saves Ad, 2017 (CYESA) p19

cultural practices and spiritual beliefs" Next, Pest V of the CYFSA is about ‘ChildProtection’ This part is from Section 74 to Section 143 thet stipulates specificelly onissues surrounding child protection such ax voluntary agreement, removel to offervoluntary services; legel sepresentetion, parties and notice; customary care;commencing child protection proceedings, special cases of bringing to a place ofsafety; hearings and orders, assessments and offences restraining orders, recovery onchild’s behelf and injunctions In perticules, Section 125 of the CYFSA stipulates theuty to report child in need of protection as follows

+125 () Despite the provisions of any other Act, if a person, including a person whoperforms professional or official duiies with respect to children, has reasonablegrounds to suspect one of the following the person shall immediately report thesuspicion and the information on whichitis based to a society

1 The child has suffered physical harm inficted by the person having charge of theclald or caused by or resulting rom that person's,

1 failure to adequately care for, provide for, supervise or protect the clald, ori, pattern of neglect in caringfor, providing for, supervising or protecting the child

2 Theres arrisk thatthe childis Ea to suffer physical harminficted by the personhaving charge ofthe clild or caused by or resultingfrom that person's,

1 failure to adequately care for, prowide for, supervise or protect the child, ori pattern of neglectin caringfor, providing for, supervising or protecting the lal

5 The caldvequares treatment to cure, prevent or alleviate physical harmo sufferingand the clald’s parent or the person having charge ofthe cả does not provide thetreatment or access tothe treatment, or, where the caldisincapable of consenting fothe treatment under the Health Care Consent Act, 1986 refuses or is unavailable ortonable fo consent to, the treatment on the clald’s behalf

6 The clild has suffered emotional harm, demonstrated by serious,i 8,

lí depression,

ovement of Cuda, Hgmew pegồ: sử counumitis, < lrsiAnmroame

chuc gah I00l00013785D2291034903035.x.cassd Ngyesbar 15.2003

v delayed development,

‘and there are reasonable grounds to believe that the emotional harm suffered by theclild results from the actions, failure to act or pattern of neglect on the part of theclala’s parent or the person having charge of the child

13 The childis younger than 12 and has on more than one occasion injured anotherperson or caused loss or damage to another person's property, with theencouragement of the person having charge of the child or because of that person'sfare or inability to supervise the child adequately 2017, ¢ 14, Sched 1, s 125 (1);

2000 e 25, Sched 1, s 26 (6); 2021, ¢ 21, Sched 3, s 3.’

‘The CYFSA prescribes clearly and detailedly the duty to report with specificcases for children in need of protection such as the child has suffered physical harm,the child is likely to be sexually abused or sexually exploited, the child is likely tosuffer physical herm, the child has suffered emotional ham end other situationsMoreover, past X from Section 281 to 232 of the CYFSA sets out rules for serviceproviders regerding privacy and access to personel information, With limitedexceptions, service providers must have consent to collect, use of disclosepersonel information Thay must also take steps to safeguard this informationand must notify people if there is a breach of their privacy Service providersmust give individuals access to their records of personel information on request,subject to limited exceptions, and must respond to requests for correction ofinaccurate or incomplete records It can be seen thet the CYFSA hes very detailedand meticulous provisions for the child protection system.

Secondly, the legal framework on child protection also includes other relevantlegal instruments In particule, The Criminal Code, e federel ley that epplies acrossConada, is a legal instrument to protect all children from all forms of violence TheCsiminel Code conteins general criminal offences to protect all persons from viclenceend amumber of offences thet specifically protect cildken These offencesinclude Failureto provide the necessaries of life, child abandonment and s mumber of child specificsexual offences: Also, when en offence is committed sgninst a child, « cout must treetthis as an aggravating fector for sentencing purposes which mueans that the crime is,

'eelsd more seriously and cen result in «longst sentence Moreover, the Governmentintroduced in Merch 2001 Bill C-15, the Criminal Law Amendment Act, to betterprotect chan from sexual exploitation This legitetion modsmnizes the existing childpomograpliy Criminal Code offences to respond effectively to new technologies People‘who prey on the vulnerebliiss of childrenvvil not be allowed to hide in the anonymousforum of the Intemet These amendments lso il6ill Canade's commitment tothe UnitedNations to make ít a cme to expost child pomogrephy For example, Clause 8 of theBill adds stetion 1721 to the Code which would specifically make it an offence tocommunicate vie € “computer system” with 4 person under cestein age, or a person‘whom the eccused believes to be under a certain age, for the purpose of eciitting thecommission of certain sexual offences in relation to childken or child sbduction.Depending on the offence being facilitated the requisite age or believed age ofthe victimvaries mong the following ages 18, 16 and 14 Aswith other offenceswhere the age or‘believed age of the victim orintended victim is ningredient ofthe offence, section172.1provides thet the accused's belief in the victim's age may be inferred from asepresentationto the accused to that effect; and the accused is prectuded from relying onthe defence of mistake of fect as to the victim's age unless the accused took reasoneblesteps to ascertain the person's age Internet husing of children contrary to section 172.1

1s punishable on summary conviction (marimum penalty: fine of up to $2,000 and/or

imprisonment for up to six month or, on enindictment, by impsisonment for up to five‘years Clause 76 emends the provisions ofthe Code dealing with “long term offenders”(seotion 753.1) in order to add the new Intemetchild-huing offence in section 172.1 tothelist of offences for which « long-term offender order may be made, The long teoffender rderis designed for offenders fecing a sentence of atleast tưo years for vasioussexual offences where the coustis satisfied thet there is a substentiel risk of reoffending,In such cases, a sentencing cout may oxder a Lengthy period (up to ten years) of post-

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In summery, Canads lege fremework on child protection is relativelycomprehensive end fully recognizes general child protection principles and specificprovisions related to child protection Canadelz lege fremework on child protectionencompasses legitletive measures addkessing child abuse, exploitation, and familyviolence, as well as initistives promoting community safety, crime prevention, andinternational collaboreion These efforts collectively reflect e comprehensiveepprosch to safeguarding the sights end well-being of children ecross the country.

2.12 The child protection institutions in Canada

In overall, the child protection institutions in Ceneda encompass e diversesurey of actors, both sate and non-state ones.

Firstly, state agencies end organizations are key actors involving in childprotection work The first agency is the Ministry of Children, Community and SocialServices the branch of government responsible for services to children end youth inOntario This canreslize the state'smanagem ent capacity for activities elatedto childprotection According to the Child Youth end Family Services Act2017, the Ministerof The Ministry of Children, Community end Social Services may issue directives toservice providers end lead agencies with respect to eny prescsibed matterSubsection 341 of the Child Youth and Femily Services Act 2017 stipulates thet“The Minister may designate an agency as a children’s aid society for e specifiedtersitorial jurisdiction end for any or all of the fictions of « society set out insubsection 35 (1)”

Beside the Ministry of Children, Community and Sociel Services, other stateactors alo join in the child protection work First, the Depestment of Justice plays @crucial role in developing legislation related to child protection, such as the CriminalLaw Amendment Act It funds projects on child sexual abuse end conducts research

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to inform legislation, policies and programs Second, Health Canada, the departmentaf the Government of Canada responsible for national health policy, is also activelyinvolved in child protection through initiatives like the National Children's Agendatnd the Canadien Incidence Study of Reported Child Abuse and Neglect It findscommunity-based projects, such es the Cunada Prenatal Nutition Program and the‘Aboriginl Head Stet Program, which contibute to the heathý development ofchildren Moreover, operated by Heath Cantda, the National Clesring House onFemily Violence serves as « national resource cenre collecting synthesizing, enddisseminating infometion sbout various forms of femily violence, including childahuse It providesresourcesto practitioners and the general public Human ResourcesDevelopment Canada GIRDC) undertakes research and provides infomation onsystemic responses to child sbuse end neglect It develops information products onchild welfre and supports community groups through the Community ActionProgram for Children Lastly, the Canadian Police Informetion Centre i involved inthe National Sereening System, conducting criminal record checks for individualsseeking to work or volunteer with children Tt enhances the screening process,particulrly focusing on known convicted sex offenders

Moceover, nstional organizations also wor for child protection The FistNotions Child and Family Caring Society of Canada (‘Caring Society?) «nations,non-profit organization thet works to ensure the stfety and well-being of FirstNaion£ chen, youth and their families through education initiatives, publicpolicy campaigns end providing quality resources to support communities TheCaring Society provides opportunities for people of all ages to make a difference forFirst Nations children youth and families through activites thet foster reconiietionand support culturally based equity! Another organizetion, Volunteer Canada issupported by the Departments of the Solicitor Generel end Justice Itrunsthe NationalEduction Camprign on Screening providing strategies for organizations to screenout sexual abusers fom postions of trust or authority over eildren,

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