Ratified International Conventions
In the international sphere, the main existing documents for the fostering and defense of the Human Rights are the Universal Declaration of the Human Rights; the International Covenant on Civil and Political Rights (ICCPR) and its additional protocols; the International Covenant on Economic, Social and Cultural Rights (ICESCR); and the American Convention on Human Rights; besides, at least, 13 conventions or declarations of the United Nations (ONU), which focus on specific themes, such as racism, women’s rights, child and migrant work, torture, forced disappearances, indigenous peoples, and disabled persons.
National Laws for Children
Social political and historical milestone:
- 1927 – First Code for Minors;
- 1959 – Declaration on the Rights of the Child;
- 1979 – New Code for Minors;
- 1988 – Federal Constitution / Approval of article 227 - “It is the duty of the FAMILY, the SOCIETY, and the STATE to guarantee to the CHILD and the ADOLESCENT, with absolute PRIORITY the right to life, food, education, leisure, professional training, culture, dignity, respect, freedom, and family and community life. Besides maintaining them safe from any form of negligence, discrimination, exploitation, violence, cruelty and oppression.”;
- 1989 – International Convention on the Children and Adolescents’ Rights – a treaty that aims at protecting the children and adolescents of the whole world, approved in the Resolution 44/25 of the United Nations General Assembly, Brazil: the legislation of the rights guarantee (ECA);
- 1990 – On July 13, 1990, Law no. 8069/90 is approved – Statute of the Child and Adolescent (ECA);
- 1996 - Law of Basic Tenets and Guidelines of National Education (LDB) defines and regulates the Brazilian educational system, based on the principles of the Constitution. It was mentioned for the first time in the Constitution of 1934.
- The first LDB was created in 1961, followed by a version in 1971, which was in force up to the most recent promulgation in 1996 (Law no. 9394/96);
- 2000 – Learning Law (Law no. 10097/00) – it is the pedagogical content developed by means of theory and practices, under the guidance of an entity qualified for methodical, professional, technical education. / It is a special working contract, adjusted in writing and for an undetermined term (maximum of 2 years), in which the employer undertakes that he/she/it will ensure the adolescent over 14 years old and up to 18 years, and to the young after 18 years old and up to 24 years, duly registered in the learning program, methodical professional technical education, appropriate for his/her physical moral and psychological development (art. 428 of the Labor Law Consolidation (CLT).
National strategies and policies for implementation of child rights and child protection
The five fundamental rights of the children and adolescents in Brazil are:
- Life and Health;
- Freedom, Respect and Dignity;
- Family and Community Life;
- Education, Culture, Sports, Leisure; and
- Professional Training and Protection at Work.
Mechanisms of fostering and guarantee of the rights – for the so-called rights guarantee system is executed, the Statute of the Child and Adolescent describes in its set of articles the mechanisms of protection, with the objective of inspecting the violations, as well as fostering the social control.
In this respect, it has established the:
- Council for the Rights of Children and Adolescents (CDCA);
- Guardianship Councils;
- Localized operational integration of state organs of the Judiciary Power, Public Ministry, Public Defender, Public Security, and Social Services.