A Commentary on the United Nations Convention on the Rights by Nigel Cantwell

By Nigel Cantwell

This quantity constitutes a statement on Article 20 of the United international locations conference at the Rights of the kid. it really is a part of the sequence, ''A statement at the United countries conference at the Rights of the Child'', which supplies an editorial via article remark.

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Extra resources for A Commentary on the United Nations Convention on the Rights of the Child, Article 20: Children Deprived of Their Family Environment

Sample text

This becomes even more obvious in the following paragraphs of Article 25, where it requires States Parties to ‘take all necessary measures to trace and reunite children with parents or relatives where separation is caused by internal and external displacement arising from armed conflicts or natural disasters’ (Article 25(2)(b)). 38. 64 In this regard, the African Charter is more explicit than the CRC, since it applies the best interests of the child not only to the decision to take the child out of his or her family environment but also to any decision regarding the choice of an alternative placement.

See for example G. Foster, ‘The capacity of the extended family safety net for orphans in Africa’, Psychology, Health & Medicine 5, No. 1, 2000, pp. 55–62. 99 In other words, all obligations relating to alternative care in general must be respected where formal kinship care is envisaged or ordered, since the placement results from a decision by the State, either at its own initiative or in response to a proposal from the interested parties. 70. Bearing in mind all of the above considerations, we can conclude that the State has no obligation under Article 20 to ensure alternative care for a child who, for whatever reason, is not in the care of his or her parents but is being looked after by a member of the extended family, whether spontaneously or at the behest of the parents.

64 65 24 CHAPTER TWO the Parliamentary Assembly’s Recommendation 1601(2003)67 on improving the lot of abandoned children in institutions that are of relevance. 68 It formulates certain ‘principles and quality standards’ that should be applied as widely as possible with regard to the placement of children in residential institutions. 41. The basic principles of the Council of Europe’s Recommendation reaffirm that ‘the family is the natural environment for the growth and wellbeing of the child’ and state that ‘preventive measures’ should be taken to support children and families ‘in accordance with their special needs’.

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