Child
Protection
in Spain
In
the early 1900's Spain was in the forefront in the legal protection of
children, focusing on rights regarding work and education. However,
this progress was halted with the installment of Franco and his fascist
regime in the 1936. Franco viewed child protection with a "manage and
correct" attitude. This emphasized discipline and institutionalization
of 'problem' children. There were two main options for child abuse
victims. They would be given charity aid or they would be placed in a
residential care program. However, these residential care programs were
long and complicated processes and rarely were seen through till
completion. The theme of Franco's child protection policies was on
re-education and reform of children, presuming that their problems
stemmed from the lacking morality of their families or the children
themselves. Even when they were completed, the residence homes were
often large and impersonal settings for children. Since Franco, Spain
has made progress on children's rights, creating government policies
that recognize them as subjects rather than objects.
With the
acceptance of the new constitution in 1978, the Law of Child Protection
(21/87) was passed. The main attitudes of child protection services
(CPS) changed to the importance and prevention of all kinds of child
maltreatment. A specialized division of CPS was created specifically
for the more severe child abuse cases. This was a very different
approach to child protection than the institutionalization approach of
the Franco regime.

Before 1978 there were upwards of
20,000
children in out-of-home care programs, but now with the development of
foster care and family treatment programs, the number of children in
need of residential care has dropped. Further progress on child
protection was made at the 1989 Convention on the Rights of the Child
(CRC). With the CRC, children began to be recognized as subjects rather
than objects in need of protection. The responsibility of child
protection was shifted from federal to autonomous regional governments
so that the legislation past could most accurately address the specific
needs of children in different parts of Spain. The progress in
children's rights has placed a lot of responsibility on citizens to be
informed, recognize and be intolerant of child abuse within Spanish
communities.
References
Llorente, Angeles Garcia, and
Martinez-Mora, Laura. 1993. "The Process of Deinstitutionalization in
Spain" Children in Institutions: The Beginning of the End?:25-50
Paul, Joaquin de, and Arruabarrena,
Ignacia. 2003. "Evaluation of a Treatment Program for Abusive and
High-Risk Families in Spain" Child Welfare League of America Vol.
LXXXII #4:413-432
This website was designed and composed
by Joanna Cross-Call, Chana Lewis, and Lauren McBride. It
was created to provide web users with information on the status of
children in Spain. This is part of a collaborative web project for the
first year writing seminar Children and Society, at Tulane University
taught by Professor April Brayfield.
Last Updated December 9, 2004