Declaration of the Rights of the Child

DECLARATION OF THE RIGHTS OF THE CHILD Adopted by UN General Assembly Resolution 1386 (XIV) of 10 December 1959
   WHEREAS the peoples of the United Nations have, in the Charter, reaffirmed their faith in fundamental human rights and in the dignity and worth of the human person, and have determined to promote social progress and better standards of life in larger freedom,
   WHEREAS the United Nations has, in the Universal Declaration of Human Rights, proclaimed that everyone is entitled to all the rights and freedoms set forth therein, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status,
   WHEREAS the child, by reason of his physical and mental immaturity, needs special safeguards and care, including appropriate legal protection, before as well as after birth,
   WHEREAS the need for such special safeguards has been stated in the Geneva Declaration of the Rights of the Child of 1924, and recognized in the Universal Declaration of Human Rights and in the statutes of specialized agencies and international organizations concerned with the welfare of children,
   WHEREAS mankind owes to the child the best it has to give,
   Now, therefore, General Assembly Proclaims    THIS DECLARATION OF THE RIGHTS OF THE CHILD to the end that he may have a happy childhood and enjoy for his own good and for the good of society the rights and freedoms herein set forth, and calls upon parents, upon men and women as individuals, and upon voluntary organizations, local authorities and national Governments to recognize these rights and strive for their observance by legislative and other measures progressively taken in accordance with the following principles:
1   The child shall enjoy all the rights set forth in this Declaration. Every child, without any exception whatsoever, shall be entitled to these rights, without distinction or discrimination on account of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, whether of himself or of his family.
2   The child shall enjoy special protection, and shall be given opportunities and facilities, by law and by other means, to enable him to develop physically, mentally, morally, spiritually and socially in a healthy and normal manner and in conditions of freedom and dignity. In the enactment of laws for this purpose, the best interests of the child shall be the paramount consideration.
3   The child shall be entitled from his birth to a name and a nationality.
4   The child shall enjoy the benefits of social security. He shall be entitled to grow and develop in health; to this end, special care and protection shall be provided both to him and to his mother, including adequate pre-natal and post-natal care. The child shall have the right to adequate nutrition, housing, recreation and medical services.
5   The child who is physically, mentally or socially handicapped shall be given the special treatment, education and care required by his particular condition.
6   The child, for the full and harmonious development of his personality, needs love and understanding. He shall, wherever possible, grow up in the care and under the responsibility of his parents, and, in any case, in an atmosphere of affection and of moral and material security; a child of tender years shall not, save in exceptional circumstances, be separated from his mother. Society and the public authorities shall have the duty to extend particular care to children without a family and to those without adequate means of support. Payment of State and other assistance towards the maintenance of children of large families is desirable.
7   The child is entitled to receive education, which shall be free and compulsory, at least in the elementary stages. He shall be given an education which will promote his general culture and enable him, on a basis of equal opportunity, to develop his abilities, his individual judgement, and his sense of moral and social responsibility, and to become a useful member of society.   The best interests of the child shall be the guiding principle of those responsible for his education and guidance; that responsibility lies in the first place with his parents.   The child shall have full opportunity for play and recreation, which should be directed to the same purposes as education; society and the public authorities shall endeavour to promote the enjoyment of this right.
8   The child shall in all circumstances be among the first to receive protection and relief.
9   The child shall be protected against all forms of neglect, cruelty and exploitation. He shall not be the subject of traffic, in any form.   The child shall not be admitted to employment before an appropriate minimum age; he shall in no case be caused or permitted to engage in any occupation or employment which would prejudice his health or education, or interfere with his physical, mental or moral development.
10   The child shall be protected from practices which may foster racial, religious and any other form of discrimination. He shall be brought up in a spirit of understanding, tolerance, friendship among peoples, peace and universal brotherhood, and in full consciousness that his energy and talents should be devoted to the service of his fellow men.

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Erasing Dad (English)

Borrando a Papá 

Erasing Dad (English)

URGENT! Avant premier of Erasing Dad this Saturday, September 20th at 6pm Argentina Time (-3UTC) via Youtube. Link to be published here.

Trailer has English subtitles:

In Argentina, fathers are punished for wanting to be active parents to their children after a divorce. Latino men are stereotyped as “machistas”, but many dads in Argentina want to actively participate in their children´s lives after divorce. The justice system favors women and assumes that men are always violent aggressors, and allows fake accusations to prosper. As a result, many men are unjustly prevented from seeing their children.

Erasing Dad is a 78 minute long documentary that follows six fathers who are fighting to raise their children after a divorce and features interviews with professionals who admit, on camera, that they do everything possible to keep children and fathers separated.

Co-Directors Ginger Gentile (from New York) and Sandra Fernández Ferreira are available for English language interviews.

After a theatrical release, the film will be available on the internet, with English subtitles, and we invite people to host screenings. Theatrical release in Argentina: October 2nd, 2014.

BACKGROUND ON CENSORSHIP AND ERASING DAD:

Censorship is not common in Argentina, yet one film has recently become the subject of prior restraint. The documentary Borrando a Papá (Erasing Dad) was originally set to premiere on August 28th, but it was suddenly pulled down at the behest of a non-governmental organization that criticized its release.

DirectedPoster-Borrando-Papá-2014 by Ginger Gentile and Sandra Fernández Ferreira, and produced by San Telmo Productions Erasing Dad is about the plight of fathers that are “erased” from their children’s lives after a divorce or separation by the family court system that tends to rule against fathers.

Why the controversy over a film about divorce? The film denounces the “thousands of lawyers and psychologists who live off prolonging conflict in family court cases”, states co-director Ginger Gentile, as well as the organizations that receive subsidies by exaggerating domestic violence statistics. The filmmakers claim that resources are not being used to protect the real victims of domestic violence but rather separate fathers who only “crimes” have been to speak Russian to their son or that the mother fears that “he will do something”, as two cases in the documentary show.

“Technical problems” were cited for the cancellation of the theatrical premier of Erasing Dad but few weeks before this date an NGO started a petition on Change.org asking for the film to be censored. This NGO and others pressured the Argentine film board (INCAA), which funded the film, to not allow it to be premiered.

In Argentina family court, case files are not computerized, adding delays to a process that is already biased against fathers.

Many of the people asking for censorship were interviewed for the film, where they admit, on camera, that they do everything possible to prevent fathers from seeing their children. They also want to revert the assumption of innocence in these cases. In the words of one psychologist: “If I say that a father is guilty, he is guilty until he can prove his innocence. . . we need to change the constitution so that in these types of cases so the burden of proof is on the father.”

After the movie theater premier was cancelled, the filmmakers arranged a screening open to the public on September 2 at the Colegio Público de Abogados (city law guild) but it was cancelled a few days prior. “Technical difficulties”, were cited but leaked emails revealed that two government functionaries, including a city congresswoman, had personally asked for the movie’s ban, citing its “erred focus”. The congresswoman, Gladys Gonzalez, has debated with Gentile on the radio defending her position and has received a firestorm of criticism on Twitter and Facebook for her views.

The case has since taken to the press, with several media outlets commenting on the issue. “They say they don’t want to censor the movie, just to prevent its exhibition,” reported the newspaper Perfil regarding the opposing NGO. “That’s like saying you don’t want a person dead, you just want him to stop breathing”. Ámbito Financiero likened the situation to “an act of prior restraint”. Of the affair, CineFreaks said: “A movie’s projection shouldn’t be censored at the request of those who haven’t seen it. It’s already helped open up a debate on a long-forgotten issue: fathers”.

Fathers protest against not being able to see their children.

The movie has only grown in popularity and support across social media, both locally and internationally, garnering over 17,000 Facebook “likes”, over 60,000 trailer views.  “30 to 40 fathers suffering contact us a day” as co-director Fernández Ferreira mentioned in an interview with newspaper La Nación, which has also reported on the “strong controversy”. This level of media coverage and social media following is unheard of for a small documentary in Argentina.

The filmmakers and the protagonists of the film (fathers and experts) have been making rounds on television news shows to talk about not only the censorship but the business behind divorce cases.  Lawyers, judges and politicians have also begun to meet with the filmmakers and experts to see how the current system can be modified, as the reaction to the film shows that there is a critical mass of affected families.

The support for Erasing Dad is far greater than the people who are against the film, as censorship in Argentina is unpopular (the dictatorship of 1977-1983 banned films and books). Also, many fathers have begun to speak out about a problem that until recently was taboo: that they can´t see their children after a divorce because the courts do not enforce visitation or they have been victims of false accusations. In the family court system, accusations are not investigated as they do not go to trial, rather, the law states that an accusation by the mother must result in the father being removed from the home for 90 days, whicborrando-a-papa-still-yurah can be renovated indefinitely.

While the movie focuses on Argentina, it demonstrates the issue is worldwide. Recently, Hollywood film star Jason Patric has raised awareness of parental alienation, educating the public and starting an NGO to help families in this situation called “Stand Up for Gus”.

Article 14 of the Constitution of Argentina states that all of the nation’s inhabitants have the right “to publish their ideas without prior restraint”. Gentile said “It’s weird for me as a filmmaker to see reviews of my movie by people who haven’t even seen it yet”. When it premiers it is sure to keep making waves in the family court system by its claim that children have the right to love both parents.

English language contact: info@santelmoproductions.com  “Erasing Dad” in subject line

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