Children are now able to visit their parents and educators in the hospital – Recognize the effects of the Child and Adolescent Statute over the past 34 years!
The Child and Adolescent Statute (ECA) marks its 34th year as one of the most progressive laws globally, reiterating the dedication to initiatives that support and ensure the rights of children and teenagers.
The ECA is a regulation that is regularly revised to reflect practical and cultural shifts in society. This is also true for other laws, such as the Federal Constitution, but the process of making changes to it is more rigorous.
In 2024, a significant change was the new law allowing children to visit their parents in the hospital.
Regarding the authorization for children to visit hospitals:
The 1990 Law No. 8.069, commonly referred to as the Child and Adolescent Statute (ECA), introduced a new legal provision that was published on August 5, 2024.
The goal of the addition was to ensure both an inclusive approach to patient care and to lessen the negative effects on the growth and development of children and teenagers who experience prolonged separation from their caregivers.
It is important to mention that in order to allow minors to enter, it will be required for multi-disciplinary teams to provide appropriate reception based on individual cases. All visitation guidelines should also adhere to clinical protocols to avoid hospital infections.
According to an article from a Government Agency, “authorization is a proposed action in the National Humanization Policy of the SUS (PNH), which seeks to increase visits to hospital units to ensure that patients have complete access to their social network and healthcare services.”
The accomplishments attained by the ECA over the past 34 years.
Today, it is essential to recognize the significant impact of the ECA in transforming Brazilian society, especially in a time when child labor and illiteracy rates are very low.
Will we recall some of the key accomplishments that were achieved?
- Strengthening the Rights of Children and Teens
Prior to the ECA, children were viewed solely as objects to be protected rather than individuals with rights. This shift in perspective allowed for a focus on the child’s best interests in matters such as custody disputes, adoption, school conduct, and other areas.
- Formation of the Guardian Councils
The Tutelar Council is a self-governing and ongoing organization that safeguards the rights of children and teenagers. Established by the ECA, these institutions serve as liaisons between the public and the legal system, guaranteeing that reports of rights infringement are precise and referred to the appropriate authorities.
- Expansion of Education to All
Basic education in Brazil became mandatory with the Statute of the Child and Adolescent (ECA). Since then, there has been a push for public policies to ensure that children are enrolled in and continue their education. Efforts to combat child labor and reduce school dropout rates have been emphasized, leading to a significant rise in school attendance.
- Fighting against abuse and sexual exploitation
The measures to prevent exploitation of child labor and prostitution have significantly improved. This harmful practice is now seen as socially unacceptable and is met with harsher penalties, especially when the victims are under 14 years old.
Since the enactment of Law 12.015 in 2009, any sexual act with minors is considered to be rape, regardless of whether or not the child gives consent, as stated by SJ.
Five years after the inclusion of this provision in the Criminal Code, the severe crime of sexually exploiting children and teenagers emerged. Offenders can face up to 10 years in a closed prison without the possibility of bail.
- Higher count of children who are officially enrolled.
According to the Live Birth Information System – SISNAC, the percentage of newborn children’s civilian records being filed has been increasing annually. In 1994, 75.1% of children had their births registered.
In 2011, the percentage increased to 95.9%. The data comes from the IBGE and Ministry of Health/SVS.
The ECA plays a significant role in the rise, providing various predictions and services for the civil registry. This is crucial for overseeing and tracking children’s progress at the municipal, state, and federal levels.
- The provision of school meals has become a legal requirement for children and a responsibility of the state in public education.
In 2009, the National School Food Program (PNAE) was created through Law 11.947 on June 16, 2009. Currently, the program is governed by CD/FNDE Resolution no 06, dated May 8, 2020.
The program views school meals as a student’s entitlement within public primary education, and a responsibility of the state. It is grounded in the belief in every individual’s right to sufficient and nutritious food.
Paraphrased: This prediction is crucial for ensuring that children remain in school, providing support for them and facilitating their education.
- Health care for mothers and newborns
With the expansion of the SUS, a comprehensive monitoring protocol was developed for pregnant women and their children, covering prenatal and perinatal care during pregnancy.
After giving birth, examinations are done on the baby’s heart, tongue, ears, and hearing, along with support and guidance on breastfeeding.
The obstacles and hardships encountered by the ECA
Social inequality in Brazil significantly impacts the implementation of the plan outlined in the ECA. Additionally, there are significant challenges in monitoring family and social dynamics in a country as vast as Brazil.
Furthermore, the constraints on public resources and the lack of adequate training for professionals pose challenges in meeting the objectives outlined in the Law.
Despite being undeniable, the influence of ECA is evident in the shift in child care and education culture within both the public and private sectors, thus emphasizing its importance to society.
Did this information prove to be useful?
Also, make sure to explore our additional resources that can be extremely beneficial for practicing law in 2024.
- Text: Interested in learning how Legis can assist your office? Click here to discover Legisbot, which can handle protocols and procedural inquiries via WhatsApp.
- Explore the services provided by Legis and the latest innovations introduced last year by clicking here!
To explore additional subjects and grasp the influence of technology in the legal field, check out the other blog posts.
Make sure to stay up to date by checking out the 2024 events and visit our homepage if you’re interested in automation.