do not have enough conditions to raise children according to the law. At that time, their access to health services will also be further narrowed due to lack of knowledge, due to lack of money to pay for expenses incurred when sick. Family awareness, and traditional ideas about the position and role of children in the family play a major role in the quality of children in especially difficult circumstances. Lack of knowledge leads to abandonment of children (when they are brought back to the family, when there is a debt of a disabled child). Poverty also directly affects children when the family cannot afford to pay for medical expenses for disabled children; or does not register the birth of their child because they have to pay a fine for having a third child...
The government's financial support policy has increased but in reality it has not met the demand due to increased costs; the number of children from poor households affected by economic fluctuations, running away from home or working far from home, becoming children in especially difficult circumstances has increased... Not to mention the policies, but the slow flow of funds to localities has affected the effectiveness of programs to care for and protect children in especially difficult circumstances.
The uneven awareness of local leaders is also an issue that needs to be addressed. A real example occurred in August 2008 in Ba Vi district. Due to the increase in the number of kindergarten students and all parents wanting their children to study at the central kindergarten, not at separate kindergarten classes, the Commune People's Committee decided to take 2 rooms of a support facility, which has been raising 24 children with especially difficult circumstances for the past 10 years, to make temporary classrooms for the kindergarten class while the Commune People's Committee was fully capable of using 2 vacant offices of the Commune People's Committee located next to the central kindergarten. Moving 2 kindergarten classes into the premises of a nurturing facility (like a family) like that has affected
Maybe you are interested!
-
Regulations on the Care and Protection of Children in Difficult Circumstances -
Care and protection of children in difficult circumstances - Theoretical basis and legal practice of civil law - 8 -
Managing child care and education activities at the Center for Comprehensive Social Protection and Social Work of Bac Kan province - 16 -
Survey Subjects' Assessment of the Feasibility of Management Measures for Child Care and Education Activities at Social Protection Centers -
General Assessment of Child Rights Protection in Sexual Abuse Cases at the Hanoi People's Procuracy
The care of children in difficult circumstances (children have to stay with neighbors, or sit on the porch waiting until class ends) and also caused dissatisfaction with the sponsor (foreign non-governmental organization) because the support facility was not used for the purpose of the project, which is to raise children in especially difficult circumstances. The result of this was that the funding was cut and the 24 children in especially difficult circumstances suffered.
The number of children in especially difficult circumstances receiving assistance is still low due to many subjective and objective reasons. It could be due to budget allocation, or it could be due to local authorities not being able to update information about children... causing many children and many families not to receive assistance from the state and society.
3.1.4. Orientations in the Party and State's policies and guidelines
In any country in the world, in addition to economic policies, social policies are also focused on and concerned. Social policies will contribute to creating motivation to promote the implementation of economic policies in particular and create social stability in general. And through social policies, the state also shows its concern for members of the nation. In the past, our Party and State have always focused on solving social issues, including the care and protection of children in difficult circumstances. With the nature of a state of the people, by the people and for the people, through the documents of the 6th, 8th, 9th and 10th Party Congresses, our Party and State continue to advocate linking economic development and social development, solving pressing social issues, taking the economy as the foundation for developing social policies. The system of social development policies is built
on the basis of suitability with the conditions and process of economic development, meeting the goal of solving the problem of equality in distribution, social equality... With this policy, our Party and State have paid special attention to the comprehensive development of children. And children in difficult circumstances are given priority in child care and protection activities in general. In order for the activities of caring for and protecting children in difficult circumstances in particular and children in general to be highly effective, the policies, viewpoints and policies of the Party and State need to be codified into legal documents that are effective in life. Realizing that, the Resolution of the 10th Congress emphasized: "Mobilizing the entire population to participate in activities of gratitude... Helping victims of Agent Orange, the disabled, orphans and street children" [2, p.104]. In addition, the National Action Program for Vietnamese Children for the period 2001 - 2010 sets the goal: "ensuring that 80% of orphaned children without shelter are cared for by 2005 and 100% by 2010; ...the number of disabled children receiving rehabilitation support reaches 70% by 2010..." These are challenges and also the need to perfect the legal system to achieve the above goals.
3.1.5. Impact of globalization and international integration
The trend of internationalization and globalization is inevitable and Vietnam is no exception. Vietnam's participation in the human rights convention and the convention on the rights of the child is a testament to its integration with the world. Participating in international treaties is a commitment by member states that they will devote all necessary and available resources to the maximum extent and seek resources from external support to implement their commitments to the international community. Those commitments need to be conveyed into the national legal system to ensure implementation in practice. Continue to improve the national legal system on child care and protection
Children in especially difficult circumstances is an inevitable need to meet the needs of implementing existing commitments between Vietnam and the international community, at the same time taking advantage of external assistance, creating opportunities for children in difficult circumstances in Vietnam to enjoy their legitimate rights and benefits according to new perspectives and trends in an increasingly more beneficial and complete direction.
3.2. Directions for improving the law on care and protection of children in especially difficult circumstances in Vietnam
Based on the above-mentioned realities and issues arising from the implementation and application of the law, it is possible to form directions for perfecting the law on the care and protection of children in especially difficult circumstances as follows:
First direction : Caring for and protecting children in especially difficult circumstances is a long-term career.
With the nature of the State of the people, by the people, for the people, placing people at the center of the country's development, our Party and State constantly create conditions to improve the quality of life for the people. Children in especially difficult circumstances are also a group of citizens who receive the care of the State. The situation of children in especially difficult circumstances is always closely linked to the quality of life, closely linked to the level of economic - political - cultural - social development of the country. Uncle Ho said "for the benefit of ten years, plant trees, for the benefit of a hundred years, cultivate people", showing that it is the responsibility of the whole country to the future generation, to the young buds with disabilities such as children in especially difficult circumstances. Caring for and protecting children in especially difficult circumstances is not only to overcome the consequences of children falling into special circumstances, but also to prevent, prevent, and reduce the causes that push children into difficult circumstances, helping them to integrate into society.
community. And it's not a one day, one year job, but a long term career.
Second direction : Caring for and protecting children in especially difficult circumstances is the responsibility of the whole society.
Children are the future of the country, therefore, caring for and protecting them cannot be the job of one person, one family, one agency or one organization, but it is a responsibility that the whole society must care for and shoulder together. For children who, for subjective and objective reasons, fall into especially difficult circumstances and become special subjects among the future generation of society, care and protection have special requirements. The law recognizes that the primary and primary responsibility belongs to families. It is because of the special circumstances of children that families cannot or find it difficult to perform well their role of caring for and protecting their children. The State comes second to the family, but plays the role of connecting the activities and resources of the whole society to the care and protection of children in especially difficult circumstances. With the spirit of helping each other, which is a tradition of the nation, the community cannot ignore the disadvantaged. Therefore, caring for and protecting children is caring for and protecting the future of the whole community.
Third direction : Promoting internal resources and seeking cooperation in activities to care for and protect children in especially difficult circumstances.
The effectiveness of caring for and protecting children in especially difficult circumstances depends largely on the efforts of the parties involved. These are the contributions and material and spiritual support from the family, the state, and the community for children in especially difficult circumstances, to help them reduce the disadvantages and difficulties they are facing. These efforts are self-made.
Vietnam's legal system will be more effective when receiving support from the international community. International cooperation is also a condition for perfecting the domestic legal system to conform to common standards stipulated and recognized by the international community.
Fourth direction : Perfecting the legal system on care and protection of children in especially difficult circumstances
Law belongs to the superstructure and is therefore influenced by the infrastructure. Economic, political, cultural and social factors in a developing country like Vietnam change every day. Therefore, regulations on child care and protection also need to be amended and supplemented to suit the reality of life. That also means that the enforcement of laws on the care and protection of children in especially difficult circumstances will ensure the quality of the implementation of the rights of children in especially difficult circumstances.
3.3. Solutions to improve the law on care and protection of children in especially difficult circumstances in Vietnam
Solution 1. Amend, supplement, and promulgate new legal regulations
Legal documents need to be reviewed to unify their content and resolve the situation where regulations are scattered in different sets of laws. Too many documents lead to confusion when implementing. On the other hand, the review also helps to find out contents that are no longer suitable to reality, on that basis, a plan will be developed to amend, supplement or issue new regulations to replace them.
Amendments, supplements and replacements will be based on the Law on Child Protection, Care and Education 2004 to create consistency between regulations. For example, it is necessary to specify in more detail the criteria for determining whether to apply administrative sanctions or not.
Criminal penalties for children who violate the law; specific regulations to see the characteristics of child adoption, foster care, and surrogate families... Expand the scope of regulation for children in especially difficult circumstances to ensure that all children in the above categories receive care from society.
It is necessary to issue new legal documents to detail and unify the provisions of the Law on Child Protection, Care and Education with more detailed provisions on the roles, tasks and sanctions for organizations and state agencies when they do not properly and promptly perform their responsibilities; and detailed regulations on the coordination mechanism between relevant parties. Clearly specify in which cases children have the right to protect themselves without having to do so through a legal representative...
Solution 2. Propaganda, education, raising awareness of the community and government leaders
Organize widespread propaganda and education activities to raise awareness not only of local leaders, but also of the people, as well as of children in especially difficult circumstances, about their rights and obligations. When the awareness of the whole community changes, stigma and discrimination will be resolved, children in especially difficult circumstances will receive care and attention from everyone, and their ability to integrate into the community will be improved.
Solution 3. Solve subjective causes that lead to children falling into difficult circumstances.
The state needs to have policies to support and create conditions for families to develop economically. The reason for family care may be due to the family
It is too difficult, it can also be because the child has not fulfilled his/her duties, or because of the lack of care from the family. It is necessary to include support policies in the general development strategy at the local level, such as loan programs, technical training, job creation, etc. To fundamentally resolve the situation of collecting additional fees imposed by the locality in health and education services for children.
Solution 4. Effective investment
Investment resources need to be planned and mobilized to the maximum for the care and protection of children in general and children in particularly difficult circumstances in particular. Investment levels need to be adjusted to suit changes in real life and ensure that all children in the category of children in particularly difficult circumstances as prescribed by law have access to and benefit from this source of assistance.
The strategy for human development and the care and protection of children in especially difficult circumstances is a concern not only of the state and the international community, but also of the people in society. Therefore, perfecting the legal system on the care and protection of children in especially difficult circumstances so that they can fully enjoy their legitimate rights and benefits, gradually eliminating the differences between them and other normal children in society is an important task of national development.