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35 Years of the ECA: The Statute That Guides Our Care for Children and Adolescents

The rights of children and adolescents are what ensure a fairer society that promotes the growth of all people without causing them harm. In practice, we are still on the path to achieving this ideal, but many things have changed over the years to guarantee a better quality of life for the young—such as the creation of the Statute of the Child and Adolescent (ECA) in 1990, exactly 35 years ago.

The ECA is a very important tool for ensuring rights, guaranteeing that children and adolescents have access to healthcare, education, leisure, and protection from violence, among other provisions. Over the years, the statute has evolved to meet the needs of the times, which is why society must remain vigilant to ensure that these rights are respected and protected.

Among the ECA’s provisions is the collective responsibility to guarantee children’s rights. It begins within the family, with the duty to provide care, affection, protection, and development. It extends to schools and the State, which must ensure access to quality education and healthcare, and also involves society as a whole, which bears the responsibility of paying attention to and respecting children and adolescents.

The ECA is also essential in preparing future adults to be conscious citizens who understand their role in society, as emphasized by Armando Hussid, a legal advisor and president of the Municipal Council for the Rights of Children and Adolescents (CMDCA/SP): “Protection and care for our children and adolescents are essential for them to be able to fully participate in society in the future.”

What Has Changed with the ECA?

The enactment of the Statute was a major step forward in helping society view children and adolescents with a greater focus on protecting their integrity. “Before the ECA, the Code of Minors, which was in effect during the military dictatorship, saw ‘minors’ as being in an ‘irregular situation’ and focused on punishment, not protection,” explains Armando.

Since then, there have been advances such as the strengthening of the Guardianship Council, expanded access to education and early childhood services, income transfer programs, and increased engagement from civil society in defense of childhood. Yet, there is still progress to be made to ensure the statute is fully implemented.

That’s why the ECA is constantly evolving and adapting so that children’s and adolescents’ rights align with changes in society. To illustrate, here are some of the most recent and important updates for us as citizens:

Mandatory Reporting of Disappearances: In 2024, a new amendment addressed caregivers’ responsibility for children’s safety. It introduced penalties for parents or legal guardians who willfully fail to report the disappearance of a child or adolescent to authorities.

Safety in Educational Spaces: Another recent amendment concerns schools and similar institutions working with children and adolescents. These establishments must now maintain up-to-date registration files and criminal background checks for all staff members.

Support for Victims of Violence: Also in the same year, a new provision was added to the policy guidelines section, ensuring medical, psychosocial, and preventive services for victims of neglect, mistreatment, exploitation, abuse, cruelty, and oppression, as well as for children and adolescents whose parents or guardians are victims of serious violence or are incarcerated.

These changes help us act as agents of well-being for children and adolescents, with the ECA serving as the starting point and guiding framework for their protection.

A Collective Responsibility

Civil society organizations like Instituto C play a vital role in promoting the rights outlined in the ECA. Through our services and activities in the fields of welfare, education, psychosocial support, and nutrition, we take a proactive and preventive approach to guaranteeing rights, with the goal of enabling socially vulnerable children and adolescents to grow up without having their rights violated.

According to Lucas Pisciotta, a social worker at Instituto C, “The third sector is a crucial bridge between public policy and the population, especially in areas where access to rights has historically been denied or weakened. We work in a complementary role to the State, often being the first point of listening, support, and relationship-building.”

With our multidisciplinary team, we recognize the family as the foundation of healthy development, so we work with all family members to help them understand the importance of caring for childhood. This network-based collaboration is key to enabling society to monitor areas where public authorities may not be as actively present.

CMDCA President Armando Hussid also stresses that we, as a society, must not view rights only in terms of protection from violations, but also as a guarantee of the conditions necessary for children and adolescents to fully develop and eventually exercise their own rights.

The ECA in the Daily Practice of Social Assistance

The ECA was created to recognize children and adolescents as full rights-holders and to establish comprehensive protection as a fundamental principle. “At Instituto C, we hold reading and discussion sessions on the ECA with the young people themselves, helping them learn about their rights and responsibilities, expanding critical thinking and citizenship from an early age. It’s a tool for empowerment and social transformation,” explains Lucas.

“The ECA reinforces our role as network connectors, as trained listeners, and as defenders of human dignity.”

The statute guides every stage of our work—from the initial intake to coordination with service networks. Every case, home visit, conversation with schools or social service centers is rooted in this commitment. It is not just a legal document—it is a powerful tool we use in our everyday practice.

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Black Women’s July: Shall We Talk About Public Policies for Black Women?

More than just a commemorative date, the month of July highlights the strength of Black women and the urgent need to include them in spaces of recognition. “Julho das Pretas” (Black Women’s July) is an initiative by Instituto Odara, launched in 2013 to amplify the issues that surround the month of July, particularly the International Day of Black, Latin American, and Caribbean Women on July 25th.

This date was established by the UN to reinforce and value the struggle and resistance of Black women in the region. It is also the Day of the Black Brazilian Woman and the day we celebrate Tereza de Benguela, a symbol of quilombola resistance for our survival,” explains Marina Fanciulli, a human rights specialist and advisor at Instituto C.

Julho das Pretas aims to strengthen Black women’s causes beyond just a commemorative date. This year, it also serves to prepare for the 2nd National March of Black Women, set to take place in November. At Instituto C, most of the families we support are headed by Black women, which is why we recognize the importance of discussing public policies and decision-making spaces where they need to be present.

The Fight for Public Policies

Black women have fought for years to have a voice in political decisions that directly affect their lives. Political awareness is one of the most powerful tools to guarantee their rights as citizens. Collective movements play a crucial role in advancing this process—like Mulheres Negras Decidem (Black Women Decide), which aims to empower women through political engagement.

Tainah Pereira, a PhD candidate in international political economy and a member of the collective, emphasizes the importance of knowing how to talk about politics with women from different backgrounds. “Often, these women aren’t resistant to talking about gender and race issues. What exists is a lack of familiarity with the terms we use or a different understanding of what should or shouldn’t be a priority,” she explains.

At Instituto C, we also believe that dialogue is the best way to guide families toward rights awareness and advocacy. That’s why we hold themed support groups to address these topics. “We host discussion circles with children and adults, reminding them how important it is to teach, from an early age, what their rights are, what their responsibilities are, what’s not just a joke, what constitutes an offense, and how to deal with it,” says Suellen Claudino, psychologist at Instituto C.

As a Black woman herself, Suellen approaches these discussions with special care and reflects on the moments of exchange she has with the women she supports. “I think it’s very powerful to witness the expression on women’s faces as they arrive. They share their concerns, and often what they’ve come to accept as normal is far from it. Being a bridge for change is incredible,” she says.

Representation in All Spaces

Although Black women make up the largest demographic group in Brazil, accounting for 28% of the population, they remain underrepresented in decision-making spaces. True representation is still far from reality. Black women also face the lowest access to formal employment and income generation opportunities to support their families. They also make up the majority of single mothers, as our advisor Marina reminds us.

Despite slow progress, we’re seeing some advancements in politics with Black women gaining visibility, like congresswoman Érika Hilton. Tainah from Mulheres Negras Decidem believes that while the number of representatives hasn’t increased dramatically, the quality of representation has improved significantly: “Quantitatively, progress has been modest, but qualitatively, we’ve seen a radical transformation.”

Representation isn’t only important in politics—it’s also necessary in spaces of care and support for Black women. Suellen reflects on her experience working as a trusted figure for these women and says she witnesses the impact of her role firsthand.

“They experience multiple forms of violence, especially social exclusion. Today, I understand my role goes beyond direct support. Often, it involves encouraging reflection, strengthening networks, or presenting available services.”

Instituto C as a Support Network

Suellen, a psychologist at Instituto C, works at the North Zone branch—where she also lives—and supports families from nearby neighborhoods. With this close contact, she sees herself as someone responsible for sharing important information with the mothers they assist. “As a Black woman working at Instituto C, I see myself every day as a connector. Not just to introduce services or specific topics, but to highlight access to rights that have long been denied to us,” she reflects.

“Often, I end up being the bridge between these women and the spaces they need to access.”

The Mulheres Negras Decidem representative also emphasizes how essential it is for institutions to work together to fill gaps left by public services. Given the government’s challenges in reaching this vulnerable social group, NGOs play a vital role in offering support, guidance, and access to services—ranging from healthcare to legal assistance.

At Instituto C, rights advocacy is a key part of our work with families. We believe it’s a powerful tool for building autonomy. Our advisor Marina echoes this view: “The work of institutions like Instituto C is fundamental for protecting the rights of Black women in Brazil, especially when we consider that inequality is shaped by both race and gender.”