By Nigel Cantwell
This quantity constitutes a observation on Article 20 of the United countries conference at the Rights of the kid. it really is a part of the sequence, ''A observation at the United international locations conference at the Rights of the Child'', which supplies a piece of writing through article observation.
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Additional resources for A Commentary on the United Nations Convention on the Rights of the Child, Article 20: Children Deprived of Their Family Environment
Not surprisingly, similar discussions took place in relation to the scope and terminology of several other provisions of the CRC where the role of parents or other caregivers vis-à-vis the child was to be determined. The fact that they resulted in a wide range of outcomes has clear repercussions for Article 20, both with regard to interpreting ‘family environment’ for the purpose of implementing this article, and to establishing the exact linkages among the various provisions. The spectrum of these references – ranging from the highly restrictive ‘parents’ alone to the broad inclusion of informal 86 Travaux Préparatoires (UN Doc.
In that case, the State is then bound to apply all criteria and safeguards applicable to alternative care in general. 72. By implication, it is arguable that opportunities for kinship care should be given priority by the competent authorities when fulfilling their responsibilities to ensure alternative care. However, as noted above, State R. Hodgkin and P. c. (note 27), p. 259. Article 4 of the CRC. 98 See, for example, regarding the USA: National Conference of State Legislatures, State Child Welfare Legislation 2005, Washington DC, July 2006; regarding Australia: Australian Institute of Family Studies, Resource Sheet No.
P. 43. , p. 46. 60 United Nations Standard Minimum Rules for the Administration of Juvenile Justice, adopted by General Assembly resolution 40/33 of 29 November 1985 (UN Doc. A/RES/40/33, 1985). 61 Cf. supra note 19. 58 59 22 CHAPTER TWO take place and, as we will note in Chapter III, they contain elements of direct interest for interpreting in particular the ‘suitability’ of residential care placements. 36. Taken together, these standards clearly reaffirm that a) children who are deprived of a family environment are generally considered to be particularly vulnerable to infringements of their basic rights and b) all actions directed towards these children’s immediate relief as well as long-term care should conform to the highest standards and be guided by the intent to either reunite the child as quickly as possible with his parents/legal guardians or, in case this is not possible, to provide the child with a stable and harmonious alternative care setting, ideally within a family environment.
A Commentary on the United Nations Convention on the Rights of the Child, Article 20: Children Deprived of Their Family Environment by Nigel Cantwell