Comprehensive Child and Adolescent Protection in Valencia
Law 12/2008 of July 3rd, of the Generalitat, on the Comprehensive Protection of Childhood and Adolescence in the Valencian Community
This law aims to regulate the comprehensive protection of childhood and adolescence, promoting and developing the basic rights of children. It establishes a comprehensive and systematic recognition, promotion, and development of modern trends and guidance on child and adolescent protection. This law is the result of the Generalitat’s decision to lead social policies and strengthen the social welfare of children and adolescents in the Valencian community. It addresses a complete regulation of the different levels of competence that the Government has in the field of child protection.
This law is applicable to all children and adolescents who are in the territory of the Valencian Community, even when they are there occasionally or temporarily. It also provides for the potential application of the same beyond the attainment of adulthood, when permitted by legislation. Of all the general principles and criteria that the law reflects and proclaims, it is worth noting, first, the primacy of the interests of the child. This is aimed at achieving, in particular, their full and harmonious development and the acquisition of personal autonomy and family and social integration, as is clearly stated in Title I of the Act, together with other general provisions.
The law is framed in different contexts where the child and adolescent interact: school, social, institutional, and family. It emphasizes the importance and role of the latter, being convinced that children cannot be understood outside that context, and that when it comes to boys and girls, it always includes the family. Title II is devoted entirely to the rights, duties, guarantees, special protection, and promotion of childhood and adolescence, compiling them in what is called the ‘Bill of Rights of the Child of the Valencian Community’.
This Charter, without prejudice to the rights and guarantees enumerated in childhood and adolescence, is not intended as a simple list of rights. It is built into the policies and actions of the Generalitat government, the individual and collective rights of girls and boys, found in the Spanish Constitution, civil law, the Convention on the Rights of the Child of the United Nations on November 20, 1989, the Charter of Fundamental Rights of the European Union, and major international treaties.
The Act grants new protection to children against social risks in areas such as advertising aimed at minors or using minors. It also protects children against the content of television programming and against the misuse of products, services, and software, telephone and telematics, such as the Internet. Title III is dedicated to the protection of children who are in a situation of risk or abandonment. It gives greater priority to prevention actions, to which it dedicates the first part of Title III, meaning they avoid the causes of any lack of protection. These should be considered for priority action by all government and public and private entities involved in child protection. It then regulates risk, the exclusive competence of local government. The situation of helplessness and its statement, however, is the sole responsibility of the Generalitat. This title directs the different forms of care. Finally, it deals with the powers of the Generalitat in the field of adoption, both domestically and internationally.
Title IV is intended for the system of rehabilitation and reintegration of children, those under Organic Law 5/2000 of January 12, Regulating the Criminal Responsibility of Minors. The Act contains general criteria and different estimates for measures in an open environment, deprivation of freedom or as a substitute, and to support actions and monitoring.
Title V directs the division of responsibilities between the Regional Administration and Local Government, collaboration, and promotion of social initiative and participation, especially in the social sphere. It starts from the beginning and the conviction that only concerted action and responsibility for all public authorities, institutions, organizations, and citizens can contribute to the objective of securing the welfare of the child.
This Act also has a significant institutional impact, including both the creation of the Permanent Observatory on Family and Children in Title VI, which is responsible for studying and identifying the needs and demands of society and promoting initiatives to improve levels of prevention, care, and protection of families and children in the Region. It also includes the creation in Title VII of the specific figure of the Commissioner for Children in the Region, under the title ‘Commissioner for Children – Pare d’Òrfens’. The penalty regime, discussed in Title VIII, is an expression of public control activity on behalf of minors and is expressed by a detailed definition of the offenses covered. It covers all areas of action covered by the Act but within a flexible framework for grading penalties for the benefit of justice in the implementation of this Act.
In short, this Act is in full harmony with the historical tradition of Valencia. It is an expression of the firm and determined will of the Government to put Valencia at the forefront of the most advanced protection, education, and integration policies for children. It contributes to the development and effective implementation of the rights and guarantees of the child, social progress, and the protection of the tenets of the modern welfare state.