Abstract
As in other European countries, the Swiss child protection system has gone through substantial changes in the course of the 20th century up to today. Increasingly, the needs as well as the participation of children and parents affected by child protection interventions have become a central concern. In Switzerland, critical debates around care-related detention of children and adults until 1981 have led to the launch of the National Research Program ‘Welfare and Coercion—Past, Present and Future’ (NRP 76), with the aim of understanding past and current welfare practices. This paper is based on our research project, which is part of this national program. We first discuss three overarching concepts—integrity, autonomy and participation—at the heart of a theoretical framework in order to understand the position of parents and children in child protection proceedings. Secondly, we critically analyze the historical and legal development of the child protection system in Switzerland and its effects on children and parents from 1912 until today. Thirdly, we give an insight into the current Swiss child protection system, with an investigation of hearings of parents and children conducted by the Child and Adult Protection Authorities (CAPA) based on participant observations. In particular, we show the importance of information exchanges and of signs of mutual recognition. Finally, in light of our findings, we discuss the interplay between socio-historical and legal developments in child protection and their consequences for the integrity, autonomy and participation of the people involved.
Highlights
Since the 1970s, the legal status of children and the question of the best interest of the child have been given greater relevance in Swiss child protection
The analysis shows that the personal and procedural rights of the persons concerned were practically non-existent for a long time and, several legal and medical professionals were critical of this lack of protection, there was no public awareness of this systematic violation of their integrity, autonomy and participation
From the adoption of the Swiss civil code in 1912 to the reform of 2013, the Swiss child protection system has gone through tremendous changes, from systematic disregard for the integrity, autonomy and participation of parents and children in the past, towards an orientation that puts the persons concerned more and more at its heart
Summary
Since the 1970s, the legal status of children and the question of the best interest of the child have been given greater relevance in Swiss child protection. The legal analysis researches how children’s and parents’ procedural rights have developed from 1912 to 2012, with a focus on the right to be heard in child protection proceedings It tackles the question of how the existing law addresses perceived violations of the integrity, autonomy and participation rights of children and parents. The research questions of the empirical study focus on how children and parents perceive and react to the interventions of CAPA in the current child protection system It explores what actions the authorities take to protect children from abuse and neglect and to strengthen the rights, legal position and participation of children and parents in child protection proceedings. In order to understand the child protection system and how cases of child abuse and neglect are dealt with, it is necessary to think of integrity, autonomy and participation together as a nexus and a focal point
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