EARLY SCHOOL-LEAVING | ROMA ETHNICITY | TRADITIONS OF THE ROMA COMMUNITY | MULTICULTURAL SOCIETIES | FULL INTEGRATION IN THE SOCIAL FABRIC

 

 

Guimarães Judicial Court, 2nd Civil Chamber, proc. TBGMR, 28.09.2009

 

JURISDICTION: Civil

SUBJECT: Child protection

RAPPORTEUR: Filipe César Vilarinho Marques

RULING: The Court decided to apply a measure of support to the child together with her parents, with monitoring by the social services, with a view to ensure attendance of mandatory schooling. The Court also ordered that a copy of the judgment be sent to the Subcommittee for Equality of Opportunities and Family Matters of the Parliamentary Committee on Ethics, Society and Culture.

DOMESTIC LAW:

Portuguese Constitution [Articles 13(1), 36(6)]

Law on the Protection of Children and Youths at Risk – Law No. 147/99, of 1 September 1999 [Articles 3, 4, 5(a), 35(1), 39, 59(3), 60, 62, 79(1), 101, 114(1), 125]

Law No. 85/2009, of 27 August 2009 [Articles 1(1), 2(1)]

Basic Law of the Education System – Law No. 46/86, of 14 October 1986 [Article 7(a)(n)]

Decree-Law No. 332-B/2000, of 30 December 2000 [Article 7(b)]

Decree from the Minister and the State Secretary for Kingdom Affairs of 7 September 1835 (Title VII, Articles 1, 2)

INTERNATIONAL LAW:

Convention on the Rights of the Child [Article 9(1)]

FOREIGN LAW: n.a.

KEYWORDS: Early school-leaving; Roma ethnicity; traditions of the Roma community; multicultural societies; full integration in the social fabric; defense of the child’s interests; situation of danger; child’s good family environment; Roma culture traditions; married according to Roma customs; betrothed; puberty; involvement with non-Roma boys; consequences for disrespecting tradition; ostracized by the rest of the family; the child’s attitude towards school; mandatory schooling; Portuguese citizens; tradition not applicable to Roma boys; common training for all Portuguese; model of society; regardless of their ethnicity, race or belief; social cohesion; fundamental role of the education system; minimum bases of understanding among citizens; standardization of cultures; elimination of identity; different ethnicities or races that make up society; common basis of understanding among all social groups; diversity that enriches society; tradition detrimental for the Roma community; difference in treatment between boys and girls; Roma girls; fundamental values of Portuguese society; problems with gender equality in the Roma community; effort at integration; customs and traditions of the community; integration measures; best interest of the child; principle of proportionality; principle of immediacy; prevalence of the family; good treatment of the child by her family; parental skills evidenced by the parents; sensitize the parties; Social Services; follow-up of the child with her family; Subcommittee for Equality of Opportunities and Family Matters; Parliamentary Committee on Ethics, Society and Culture; social report; social housing; illiterate; street vending

COMMENTS: Coming soon.

REFERENCES IN THE LITERATURE: n.a.

 

Download the ruling.

 

 

 

 

Share this comment