SOME ASPECTS OF THE PROTECTION OF MINORS IN THE CANTON OF GENEVA (SWITZERLAND)

• NCJ Number: 60320
• Journal: Deviance et societe Volume: 2 Issue: 3 Dated: (SEPTEMBER 1978) Pages: 299-307
• Author(s): M STETTLER
• Date Published: 1978
• Length: 9 pages
• Sponsoring Agency: 15, Quai Anatole-France; Francaise
• Corporate Author: Faculte de Droit
• Publication Format: Article
• Publication Type: Historical Overview
• Language: French
• Country: Switzerland

Annotation

THE HISTORY OF YOUTH PROTECTION MEASURES IN GENEVA, SWITZERLAND, FROM THE LATE 19TH CENTURY TO THE PRESENT IS OUTLINED.

Abstract

BEFORE 1900 STATE INTERVENTION TO PROTECT MINORS WAS LIMITED. DURING THE INDUSTRIAL REVOLUTION NUMEROUS CHILDREN WERE EXPLOITED AND THE PRESENCE OF BANDS OF CHILDREN IN THE STREETS RESULTED IN CREATION OF SPECIAL INSTITUTIONS FOR ABANDONED CHILDREN AND IN ESTABLISHMENT OF A SPECIAL 400-BED HOSPITAL FOR CHILDREN. A SERIES OF LAWS FROM 1891 TO 1912 REGULATED FORFEITURE OF PARENTAL RIGHTS, PLACEMENT OF NEGLECTED CHILDREN, THE OBLIGATION OF THE STATE TO SERVE AS CHILDREN'S GUARDIAN, AND SUPERVISION AS WELL AS EDUCATION OF ABANDONED JUVENILES. SUPERVISION OF JUVENILES WAS INTRODUCED IN A PENAL CONTEXT AS A FORM OF PROBATION (1913) AND WAS LATER EXTENDED TO JUVENILES-AT-RISK. AN EXTENSIVE LIST OF PROHIBITIONS FOR MINORS WAS ESTABLISHED BY THE COUNCIL OF STATE IN 1945 BUT PROVED DIFFICULT TO ENFORCE. A 1958 LAW REPLACED THE NOTION OF SUPERVISION WITH EDUCATIONAL ASSISTANCE ADMINISTERED BY SOCIAL WORKERS, ALTHOUGH SUPERVISION HAS BEEN MAINTAINED FOR CHILDREN PLACED OUTSIDE THE FAMILY. WITHOUT CONSIDERATION OF DIFFICULTIES IN APPLICATION, THE PRINCIPLE OF EDUCATIONAL ASSISTANCE WAS INTRODUCED IN JUVENILE CRIMINAL LAW IN 1971 AND REDEFINED IN A GUARDIAN CONTEXT IN 1976. EDUCATIONAL ASSISTANCE CAN NOW BE ADMINISTRATIVE, PENAL, OR CIVIL. AREAS PRESENTLY IN NEED OF REGULATION ARE CHILD ABUSE; SELF-DESTRUCTIVE ACTS OF JUVENILES (E.G., DRUG ADDICTION), ALTHOUGH THERE IS SOME QUESTION WHETHER COERCIVE MEASURES CAN PRODUCE THE DESIRED EFFECT; AND EXCESSIVE INTERVENTION OF OFFICIAL JUVENILE PROTECTION AGENCIES, A PROBLEM WHICH COULD POSSIBLY BE CONTROLLED BY ENUMERATION IN LAWS OF CAUSES JUSTIFYING INTERFERENCE WITH THE FAMILY SPHERE OR BY REDUCTION OF PUBLIC DISTRUST OF FAMILY SERVICES BY AVOIDING CLIENT LABELING. AS A PRIMARY PREVENTIVE MEASURE, EDUCATIONAL EFFORTS IN THE FUTURE SHOULD BE DEVOTED TO PREPARATION OF JUVENILES TO ASSUME PARENT FUNCTIONS. REFERENCES ARE SUPPLIED. --IN FRENCH. (KMD)