Subsidiarity for families in a new Europe
Contribution of FAFCE-President Johannes Fenz within the European Congress
of the OSSERVATORIO
NAZIONALE SULLA FAMIGLIA "Familes, welfare policies and subsidiarity:
which synergies among public and private sectors?" in Bologna, 6th
October 2005
1. Tasks of the family
2. What (else) can families do?
3. Subsidiarity in the context of Catholic social doctrine
4. Institutional family support
5. The role of family organizations
1. Tasks of the family
1.1. Families make a considerable contribution to human assets
In the first instance, services for the family, such as the care, support
and upbringing of children and reciprocal support between the generations
are carried out for the sake of the children and other members of the
family. However, these services also result in positive "external
effects" for society and the state. (To quote Kaufmann, by "human
assets" we mean "those resources involving people, such as health,
knowledge, motives and competences, the use of which is of benefit not
only to the individual but also to the common good.")
1.2. Tasks, services and functions of the family
Society normatively assigns tasks to the institution "family".
This assignment process defines which jobs families are to do and which
duties they have, for example the duty of bringing up their children.
The concept of family services refers to the group character of the family,
in other words the significant aspects of individual family work and its
effects. By social functions, we mean the consequences for other areas
of society which result from the effects of family services. (Family services
are not objective and unchangeable facts, but the result of the normative
processes of assignment and social evaluation.)
1.3. The individual services:
1.3.1. Housekeeping, health and convalescence care
The following activities, which are all important for the physical support
of individuals, make up the most time-consuming part of family activity:-
the preparation and consumption of food, personal hygiene, the prevention
and fighting of illness, relaxation through leisure activities and cooking
and cleaning.
1.3.2. Reproduction
One of the main tasks that is assigned to families by society is the production
of offspring. Despite the changes in family structure, it is still the
norm that children be born into families and are socialized by their parents.
1.3.3. Cohesion and emotional stabilization of family members
Creating and maintaining family unity on the basis of emotional family
bonds is seen to be one of the main services carried out by the family
today.
1.3.4. Bringing up and socializing children to ensure their appropriate
psycho-social development
Family services include not only fulfilling basic needs (care, food, affection,
organizing the daily routine), but also helping to develop children's
identities and personalities by ensuring that they have a sense of belonging
and assisting their integration into society, by teaching them values,
roles, behaviour and skills.
1.3.5. Organization and coordination
Everyday family life is not only the total sum of all these different
activities, but
also includes their coordination. Therefore this aspect must also be regarded
as a family service.
1.3.6. Reciprocal support
Various support is given within families, whereby it is not only the younger
members who support the older ones, but also the other way round. The
demands are particularly great on the so-called "hinge-generation",
who not only take on looking after grandchildren, but also care for their
own parents.
2. What (else) can families do?
2.1. Family networks
The family is the absolute network of solidarity, that usually supports
and accompanies a person from conception and birth to death - and even
beyond that, on account of the inheritance left to descendants. In the
course of history, the family has established itself as a system of care.
Almost every government in the world agrees that families offer special
protection, especially during motherhood, childhood and at times of sickness
and infirmness. In his work, the recently deceased German economist Max
Wingen repeatedly emphasized that families are indispensable for the fulfilment
of parents, children and for the well-being of society. Families make
an important contribution to society.
However, demographic change shows that the family system is not always
in a position to offer this function of protection and solidarity. (To
quote the current Green Paper on Demographic Change:
"Europe is facing today unprecedented demographic change. In 2003,
the natural population increase in Europe was just 0.4% per annum; the
new Member States, with the exception of Cyprus and Malta, all saw falling
populations. In many countries, immigration has become vital to ensure
population growth. The fertility rate everywhere is below the threshold
needed to renew the population (around 2.1 children per woman), and has
fallen below 1.5 children per woman in many Member States.")
2.2. Do smaller families mean a financial boost?
At a first glance, the consequences for the private solidarity network
"family" are not bad. Mathematically speaking, smaller families
should mean greater financial strength. However, the financial demands
on families have not sunk proportionally to the number of children. Since
the 1950s, the economic dependence of children has constantly increased.
In the 1950s, young people aged between 15 and 18 were usually financially
independent or even in a position to support their families, while in
1995, 82.9% of 15 to 18-year-olds in Europe were still in education or
job-training, and 37.4% of 20 to 24-year-olds were still financially dependent
on their parents. Especially in Mediterranean countries, a so-called "boomerang-generation"
developed, that moved back home after completing their education and became
part of a joint household.
But not only the drop in the number of children, but also the change in
family structures, has made the solidarity network "family"
more fragile. The trend towards fewer and later marriages, the high divorce
rate and the number of children born out of wedlock are all permanently
on the increase.
The following statistics underline the latest trends:-
" In the EU there were 5 marriages per 100 inhabitants in 2002, compared
to 8 in 1970
" Over the last 20 years, the average age for getting married for
the first time has risen by almost 5 years, from 26 to 30 for men and
from 23 to 28 for women.
" In 1960 15% of marriages were divorced, in 1980 the figure was
28%.
" While there are fewer actual marriages, more and more young people
are living together in partnerships. In 1998 the figure was 33% of all
under 30-year-olds, with the highest figure, 70%, in Sweden.
" On account of this trend, more and more children are being born
out of wedlock - 6% in 1970, 28% in 2001. The highest rate of 56% is in
Sweden, with 40% in Denmark, France Finland and England and the lowest
rate of 9.6% in Italy.
" There has been an increase in one-parent households - 9% of all
households with dependent children in 2001. (Here again the lowest rate
is in Italy, at 4%.) Most of these single-parent households are run by
women.
" Of the entire low-income group, single-parent households on low
incomes are faced with the greatest difficulties. One third of one-parent
families suffer poverty and social need.
These trends should not be over-rated, as a large number of single parents either live in a partnership or remarry. Another trend should not be forgotten, namely that many parents do not marry until some time after they have had a child. In some systems, being married may bring economic advantages, but it is not really important as far as society is concerned.
2.3. Families as a solidarity network for old and handicapped people
Thanks to improved medical care and an increase in the standard of living,
people are now living much longer. This trend will continue, with an expected
rise in the number of the very elderly, i.e. people over 80, of 17.1%
between 2005 and 2010 and 57.1% between 2010 and 2030!
This trend means that a smaller number of younger people will have the
task of caring for a larger number of sick and elderly relatives. It is
quite likely that two grandchildren that get married will be responsible
for four elderly grandparents.
This is a different situation to that of the former "extended family",
in which more people were responsible for looking after fewer dependent
relatives. In addition to this, the change in family structures often
means that more and more people in need of care have no relatives able
to support them.
On the 11th and 12th of July, at a Conference held by the European Commission
on the Green Paper entitled "Confronting demographic change: a new
solidarity between the generations", these problems were looked at
and possible solutions discussed.
One thing is certain: we are going to need radical changes in our pension
and social security systems and a lot of support will be needed at all
political levels, if this solidarity network for old and handicapped people
is to be maintained within families.
3. Subsidiarity in the context of Catholic social doctrine
In short, the word "subsidiarity" ( which comes from the Latin "subsidium ferre") means that the State must help society to help itself.
3.1. The papal encyclical as the cradle of the subsidiarity principle
The principle of subsidiarity has its roots in Pope Pius XI's social encyclical
of 1931 "Quadragesimo anno" which was published in 1940 against
the background of the expanding totalitarian systems of communism, fascism
and national socialism. The essence of this was that individuals must
be allowed to use their own initiative and strength to achieve what they
can for themselves. Society has no right to deprive individuals of this,
by taking on these tasks itself, but must give individuals the support
that they need.
3.2. Mutual responsibility
As Oswald von Nell-Breuning, Professor of ethics and Christian social
doctrine, put it , "The state as a whole and its individual members
have mutual responsibility and solidarity - everyone is responsible for
the whole. (That which is not done by one, must be covered by the others.)"
It also means that the State has no right to abuse its position of power
to restrict or ban the free activities of citizens and their free associations,
unless these pose a threat to the common good.
3.3. Not a catholic principle
Oswald von Nell-Breuning also said that the principle of subsidiarity
is not a catholic principle, but that it must hold good for all forms
of human social life.
3.4. How the principle of subsidiarity works
The principle of solidarity and the principle of subsidiarity both belong
to the social principles of Catholic social doctrine.
The principle of subsidiarity describes the human condition and cooperation
within society. It does not only say that help must be given, but also
how and sets out the sequence of help, namely self-help, followed by neighbourly
help and finally help from outside.
In the area of family policy, the principle of subsidiarity could be
covered by Max Wingen's "three steps":-
1. The respective authorities have to create framework conditions that
enable families to carry out their duties,
2. families must be encouraged to and supported in helping themselves
and 3. where families find it difficult to cope, the authorities must
intervene
and help.
4. Institutional family support
According to the spirit of the principle of subsidiarity, public authorities
are becoming increasingly responsible for supporting families in carrying
out their duties. This support must be ensured at all political levels,
from the local councils right up to the European Union. As family solidarity
networks become weaker and weaker, this support must be available not
only in crisis situations, but fundamentally for every phase of family
life:
When families are first founded, family income has to cover an additional
person. With the loss of the mother's income, the financial position of
the family becomes worse. From the third child onwards, the financial
position becomes so bad that such families lag considerably behind the
general standard of living. Families with children in education often
have to bear financial burdens that go on well into their children's adulthood.
Even when children start to become financially independent, their parents'
income frequently becomes no better, as their mothers' careers have been
negatively influenced during periods of maternity leave. Additional burdens
to those mentioned can also occur, for example that another family member
becomes handicapped, unemployment, divorce, etc.
4.1. Family policy
As family structures have changed, so have the requirements on family
policy. Originally, the aims of family policy were to influence demography
or to compensate for economic disadvantages on families. Today, family
policy aims to support the basic functions of families economically, socially
and intellectually. Nowadays, families need institutional support not
only to ensure that their children have sufficient food, clothing and
accommodation. They also need help in the areas of socialization, health
care and child care, as these areas can no longer be covered by grandparents
or the extended family.
Throughout Europe, family policy shares similar aims:-
" Financial compensation for expenditure on children
" Support for the compatibility of family and employment
" Support for families with children in education
" Support for one-parent families
" Safeguarding a minimal living income
" Support for care within the home
At least four types of state family support can be found in Europe:-
1. Active support: this takes into account not only different family phases but also different kinds of burdens. The level of support here is high. Belgium, France, Germany, Austria and Luxembourg fall into this group.
2. Selective measures: some areas are nowhere near as well covered as others. A lot of measures can only be taken advantage of by low-income-families. These countries have no specific family policy, as families count as a private sphere. Examples here are the Netherlands, Ireland and the UK.
3. Concentration of measures on families with particular problems: As a rule, families receive support according to their income. Support is offered mainly by family networks, with the state playing a subsidiary role. Examples here are Greece, Italy, Portugal and Spain.
4. The aims of family policy within the framework of an overall welfare system: Family policy is not an explicit aim, but is integrated into a comprehensive social network. This type can be found in Scandinavian countries.
4.2. The levels of family policy
4.2.1. Local/regional family policy
4.2.2. State family policy
4.2.3. Family policy in the EU
4.2.4. Examples of the application of the principle of solidarity in family
policy
4.2.1. Local and regional family policy are, of course, greatly influenced by national policy. Generally speaking, however, it is at these two levels that family support is translated into action. In Austria, for example, the local level is responsible for providing child care, while the regional level is responsible for the financing of child care infrastructure. It goes without saying that the principle of subsidiarity has its greatest effect at local level. It is also at this level that the greatest differences in family support can be found in Europe.
4.2.2. State family policy
As an example, let me tell you how this works in Austria:
Since 1965 we have had an advisory committee on family policy, which comprises
not only politicians but also NGOs.
Since 1970 a State Office, later to become a Federal Ministry, has been
responsible for the administration of family affairs.
In Austria, the family is at the top of people's personal, individual
lists of values. Austrian family policy aims to achieve a family- and
child-friendly society and to ensure fairer cooperation between the generations.
For this reason, the Austrian Federal Government has given special priority
to family- and generation policies in recent years.
Family policy within the Austrian Federal Government aims to achieve
the following:
" to financially support family work
" to provide social legislation that safeguards family work
" to create optimum framework conditions for the compatibility of
family life and employment
" to support families, so that "family" can succeed and
to grant them help in difficult situations.
Child care or care of elderly family members, require special framework
conditions, to make family tasks and professional obligations more compatible.
Necessary structural conditions include family-friendly conditions in
the world of work, sufficient provision of qualitative, affordable public
and private child care not too far from home, and opportunities for training
and further training that make it easier for people to start and go back
to work.
The Austrian Federal Government attempts to create framework conditions
which not only support compatibility of employment and family life, but
also encourage the sharing of family work within the partnership. The
focal point of all considerations connected with family policy is the
welfare of the children. The Federal Government has set up a number of
measures that permeate almost all political spheres. Some examples are
family allowance with additional benefits for families with more children,
maternity (and/or paternity) allowance, tax advantages, the inclusion
of family work in pension entitlements, family counselling, the (free)
school book campaign, free travel for schoolchildren and apprentices and
the audit FAMILY AND EMPLOYMENT . The principle underlying all these benefits
is to give people greater freedom of choice.
4.2.2.1. Financial support for families in Austria
" Family allowance with supplements for large families: this is staggered
according to the age of the children, there are higher benefits for handicapped
children and a supplement for families with more children, depending on
their income levels
" Maternity/paternity allowance
" Tax advantages for families: tax reductions for children, alimony
payments, single earners and single parents
" Compensation for families in need
" Compensation for families acting as a hospice
" Assistance for travelling expenses and free travel for schoolchildren
and apprentices
4.2.3. Family policy in the EU:-
Ever since it was founded, the EU, formerly the European Economic Community,
has always emphasized the social dimension. However the "social dimension"
of the EU remained a catchword for a long time, until the Treaty of Amsterdam,
which came into effect on 1st May 1999, defined social policy as an independent
area of responsibility.
Even in the Treaty of Amsterdam, there is no special reference to the family. It seems that it is a problem for the Union to define "family". Another problem is that two contrary views of family exist within the EU: one that considers family to be an area of private responsibility and the other that sees it as an area of public responsibility (in a subsidiary sense.)
The fact that there is no special authority responsible for family policy within the EU does not mean that families are not an issue. On the contrary, "family" has, indeed, become a central issue throughout the EU.
4.2.3.1. Legislation concerning families in Europe
" Employment and social policy
" Juridical cooperation between member states on family topics
" Immigration and asylum policy
" Freedom of movement
" Development policy
" Media
" How legislation on employment and social policy affects families
It is in this area that EU-legislation has had the greatest effect on
families. Most attention has been turned to the question of sexual equality
in connection with work and family life. Member states are urged to create
measures that enable equal access to the labour market and equal chances
of staying there, e.g. child care facilities, financial support, protection
against dismissal during pregnancy, etc.
Health and safety measures are also required during pregnancy. Parental
leave is seen to be an individual, non-transferable right for both men
and women. Member states have to create measures ensuring that women can
return to the same job or one at the same level after maternity leave.
Equality for self-employed people must also be ensured. With its social
legislation, the EU is endeavouring to achieve conformity of the different
national social insurance systems, now that there is a migration of the
labour force within the EU.
Future regulations will not only be more simple, they will also include
a further definition of family, which combines the individual national
definitions.
The EU draws the attention of the member states to the fact that both
individuals and families must have access to those resources necessary
to enable them to live their lives in dignity. The EU also recommends
that the member states combat social exclusion.
" Juridical cooperation between member states on family topics
In order to find a common legal base, the legal procedure for various
areas concerning family have been jointly approved, for example divorce,
separation, annulment of marriage, joint custody of children, etc. Nowadays,
these areas of responsibility are shared by the EU and the member states
through mutual acceptance of legal decisions. Legislation on the abduction
of children, which often occurs during marital crises, is still outstanding.
Children have the right to see both parents both during and after divorce.
" Immigration and asylum issues
Under EU legislation, regulations for applicants automatically apply to
family members, at the same time defining who these are. Relatives of
refugees are entitled to the same protection as the applicant. Members
of third states, if they are related to EU-citizens, are granted legal
residence for a long time and special status. In this respect, reuniting
families is the main concern for the EU.
The EU also calls for special protection for children in connection with
human trafficking.
The definition of family members is quite broad. The guidelines for reuniting
families describe families as parents with young children, but it is up
to the individual member states to decide whether other relatives are
also included, for example grown-up, unmarried children.
" Freedom of movement
The EU is attempting to find a common legal base for those concerned,
e.g. workers, students, providers of services, which will guarantee freedom
of movement and residence. According to the European Court of Justice
and the Charter of Basic Rights, this will also be extended to include
family members, whereby the definition of these is once again broad.
" Development policy
As far as development policy is concerned, families are affected by the
financing of projects in the areas of reproductive health and sexual health,
which not only include prevention of abortion, sterilization and improper
methods of contraception, but also promote sex education, access to respective
health measures and protection against venereal diseases.
" Media
The 1997 directive attempts to coordinate national regulations on broadcasting,
to discipline the subject matter broadcast and to ensure that providers
have freedom of movement. The directive encourages parents to have control
over the programmes that their children consume and to promote the consumption
of political, informative and educational programmes.
4.2.3.2. The institutions of the EU and family
European Parliament: Intergroup "family and protection of the child"
European Commission: Head office on employment and social security, current
focus, Green Paper on demography, own speech: analysis of the social and
demographic situation
European Conferences of family ministers
European social fund: Projects, e.g. EQUAL
4.2.3.3. Conclusion of EU-policies in the area of family
A conformity of measures that would mean equal treatment for families
within the EU is not expected in the foreseeable future. Family policy
will continue to be an issue for the national states. Neither is the introduction
of minimum standards of family policy very high on the political agenda
of the EU. Despite all this, some regulations and initiatives do show
that the wind of change is beginning to blow. With the Green Paper on
Demography, the question of generations, which repeatedly includes the
role of families, has been dealt with at the highest level by the Commission
for the first time. Furthermore, guidelines on working hours, protection
for mothers or parental leave show that the EU is making an increased
effort to harmonize minimum standards throughout Europe.
4.2.4.Examples of the application of the principle of solidarity in
family policy
4.2.4.1. In the area of child care
The smallest unit, the family, has the task of organizing care for its
children. This often includes the help of the extended family, grandparents
and other family members. The next level, the local level, provides child
care facilities - crèches, kindergartens, etc. The next level up,
the region, province or county, is responsible for financing the infrastructure
of these facilities and supports the local councils with additional provision.
The next level, the state, guarantees the compatibility of employment
and family for all parents, in the case of Austria by providing maternity
pay. At EU-level, the logical continuation of the principle of subsidiarity
in the area of child care would be the establishment of minimum standards
for family support between all 25 member states.
4.2.4.2. In the area of care of the elderly
Once again the lowest level is that of the family that takes on care services.
At local or regional level, homes are provided and supported financially.
At state level in Austria, it is now possible for people looking after
sick relatives to take a certain period of leave from work. At EU-level
a common agreement could be found to make this possible in the other EU
member states, too.
5. The role of family organizations
5.1. Watchdog over the principle of subsidiarity
Considering the aspect of the principle of subsidiarity, the first task
of a family association has to be to control its effectiveness at the
different levels of society.
Family associations must carry out continual monitoring of relevant family
policy. Family associations are in a position to act and bring about change
quickly when faults are found in public institutions, as the people affected
are members of the association and thus represent the basis of expert
reports. Example: the procedure followed by the association in the case
of married female students.
5.2. Getting the people affected to take things into their own hands
It is the task of family associations to enable families to cope with
their life situation, by developing from the role of the passive recipient
to positively influencing their own political destiny, thus improving
the situation of all families within a society. Our late Pope John Paul
II, whose socio-political expert reports were widely accepted by politicians
and economic experts of other denominations, defined the political task
of the family in his "Familiaris Consortio", as such: "…first
of all, families must fight for state laws and institutions that do not
restrict the rights and duties of families, but positively support and
defend these. To this end, families must become more and more aware that
they are the ones who must take the initiative in the area of family policy;
they must take on responsibility for bringing about change in society.
Otherwise families will be the first victims of those evils that they
previously regarded with indifference."
5.3. The role of European family organizations:
A future task of family policy, in particular of family organizations
will not so much be to demand standardization of systems for families
at EU level, but to make sure that family policy is included in the different
areas of politics. Family organizations must also point out that each
country is politically responsible for certain aspects concerning family.
This should prevent the issue of family from being passed on from one
area of responsibility to another.
European family associations must aim to have a direct influence at the
legislative level in Europe and on national states and regions. They are
thus lobby organizations. The effects of laws on family life must be checked.
In a similar way to what already happens in the case of gender fairness
or discrimination, draft bills affecting families must be filtered. In
this connection, we must speak of "family mainstreaming". NGOs
must also be involved in this examination, because their experts can contribute
to a deeper analysis, represent civilian society and act as a corrective
to governments.