what are they

The child and youth protection model, in force since January 2001, calls for the active participation of the community, within a partnership relationship with the State, implemented through the Child and Youth Protection Commissions (CPCJ). This model seeks to stimulate local resources capable of establishing social development networks. The Child Protection Commissions, created following Decree-Law No. 189/91 of 17 May, were restructured and new ones created in accordance with the Law on the Protection of Children and Young People at Risk, approved by Law No. 147/99 of 1 September. This law was amended three times (Law No. 31/2003 of 22 August, Law No. 142/2015 of 8 September, and Law No. 23/2017 of 23 May).

Here, the Child and Youth Protection Commissions (CPCJ) are defined as official non-judicial bodies with functional autonomy whose purpose is to promote the rights of children and young people and to prevent or put an end to situations likely to affect their safety, health, education, training, or overall development.

A child or young person is considered to be at risk when, namely, they are in one of the following situations:

• They are abandoned or left to fend for themselves;
• They suffer physical or psychological abuse or are victims of sexual abuse;
• They do not receive the care or affection appropriate to their age and personal situation;
• They are under the care of third parties for a period during which a strong attachment bond has been established, while parents fail to exercise their parental responsibilities;
• They are forced to engage in excessive or inappropriate activities or work that are unsuitable for their age, dignity, or personal situation, or that are harmful to their education or development;
• They are subjected, directly or indirectly, to behaviors that seriously affect their safety or emotional balance;
• They engage in behaviors, activities, or substance use that seriously affect their health, safety, education, training, or development, without adequate opposition from parents, legal representatives, or guardians to remove such situations.

The intervention to promote the rights and protection of children and young people at risk is guided by the following principles:

• Best interests of the child – intervention must primarily consider the interests and rights of the child or young person;
• Privacy – the promotion of rights must respect intimacy, image rights, and private life;
• Early intervention – action must take place as soon as the risk situation becomes known;
• Minimum intervention – only the entities whose action is essential should intervene;
• Proportionality and timeliness – intervention must be appropriate to the risk situation and interfere with family life only as strictly necessary;
• Parental responsibility – intervention should encourage parents to fulfill their duties;
• Primacy of continuity of significant psychological relationships – intervention must preserve meaningful emotional bonds, favoring measures that ensure secure attachment;
• Prevalence of the family – priority should be given to measures that integrate the child into their family or promote adoption;
• Mandatory information – children, young people, parents, legal representatives, or guardians have the right to be informed of their rights, the reasons for intervention, and how it will proceed.

Mandatory hearing and participation – children, young people, and parents have the right to be heard and to participate in decisions regarding protection measures. Subsidiarity – intervention must be carried out successively by entities with competence in childhood and youth matters, by CPCJ, and ultimately by the courts.

How are they constituted?

The protection commission in its extended form includes:

• A representative of the municipality;
• A representative of social security;
• A representative of the Ministry of Education;
• A physician representing health services;
• A representative of private social solidarity institutions or NGOs providing non-residential services for children and young people;
• A representative of the public body responsible for employment and vocational training;
• A representative of residential care institutions for children and young people;
• A representative of parents’ associations;
• A representative of sports, cultural, or recreational associations for children and young people;
• A representative of youth associations or youth services;
• One or two representatives of security forces (GNR and/or PSP);
• Four citizens appointed by the municipal assembly with relevant expertise;
• Co-opted technicians with training in social work, psychology, health, law, or relevant experience.

What are their powers?

• The CPCJ intervene when competent entities are unable to adequately remove the risk;
• The commission operates in extended or restricted form;
• The extended commission focuses on prevention and promotion of rights, including community awareness and collaboration with relevant entities;
• The restricted commission intervenes directly in risk situations, opening and managing protection processes and applying measures.

Territorial jurisdiction
Protection commissions are competent within the municipality where they are based. More than one commission may exist in larger municipalities, or commissions may cover multiple adjacent municipalities.

Monitoring and oversight
The Public Prosecutor’s Office is responsible for monitoring and supervising CPCJ activity, assessing legality and adequacy of decisions, and initiating judicial proceedings when necessary. More information at: http://www.ministeriopublico.pt/pagina/jurisdicao-familia-e-menores.