In 2015, almost a quarter of Brazil’s population was under the age of 14 years of age, with an estimate of 200,000 to 8 million children living on the streets whom live in poverty. The Government of the Federative Republic of Brazil adopted constitutional provisions in 1988 in order to ensure the rights of children and acknowledge the responsibility of the State in the provision of social services for all boys and girls.
Article 226 of the 1988 Federal Constitution of Brazil ensures a vast portfolio of rights for children including their full protection and access to social security. Article 6 further states that “social security and protection for … childhood … [is a] social right. Article 203 adds, “social assistance shall be rendered to whoever may need it, regardless of contribution to social welfare” and makes specific reference to children and adolescents. Constitutional guarantees for children were reinforced with legal provisions in 1990 through the Child and Adolescent Act, which stipulates that “…the child [up to twelve] and adolescent [up to eighteen] enjoy all fundamental rights.” The Citizen´s Basic Income law (No. 10.835, enacted in 2004) makes further legal commitments toward "a monthly benefit sufficient to meet the basic needs of a person is to be paid equally to all”. The law aims to provide children, among other groups, with universal income security and public services, such as education and health.
Advancements ensuring the rights of the child in Brazil were realised during a period of reform and structural change during the late 1980s in which Brazil also signed the Convention of the Rights of the Child, illustrating political will to protect all children. Brazil’s commitment to State driven social development was supported by consensus in the National Congress in 2004 with the approval of the Citizen’s Basic Income Law. Through this process the Government of the Federative Republic Brazil has ensured that constitutional and legal provisions for income security form strong legal foundations for the creation of a social protection floor.
Further Reading:
- UNICEF (2005). Legal Protection of Adolescent Rights in Eight Countries of Latin America and the Caribbean. Accessed from http://www.unicef.org/lac/Part_I_-_Legal_Protection(1).pdf on November 13, 2013.