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

By Nigel Cantwell

ISBN-10: 9004148736

ISBN-13: 9789004148734

This quantity constitutes a statement on Article 20 of the United countries conference at the Rights of the kid. it's a part of the sequence, ''A observation at the United countries conference at the Rights of the Child'', which supplies a piece of writing by way of 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

Example text

Thus, Article 19(1) of the Beijing Rules stipulates that: ‘The placement of a juvenile in an institution shall always be a disposition of last resort and for the minimum necessary period’. This approach is echoed in Article 37 of the CRC and reflects the implied policy thrust of Article 20 in terms of the least possible recourse to institutional placement, stipulating in addition the desirability that institutional care be a temporary, short-term measure. , 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.

84 Thus, the compromise paragraph 20(3) introduced the subsidiarity of institutionalized alternative care. Thereafter, no delegation questioned the formulation ‘if necessary’, even though the ordering of potential alternative solutions was changed a few times. 56. 85 The qualifier ‘if necessary’ with regard to ‘suitable institutions’ was not included in the list. While the logic of ordering was generally accepted by the rest of the delegates, institutions were nevertheless singled out as a measure of last resort, so that the final wording of Article 20(3) read: ‘Such care could include, inter alia, foster placement, Kafala of Islamic law, adoption, or if necessary placement in suitable institutions for the care of children’.

78. Consequently, and although there is no explicit indication here or elsewhere in the CRC itself that alternative care might be provided specifically for children removed temporarily from their family environment (and thus with a view to their eventual return to that environment), it is reasonable to suppose that this provision is applicable to all children not able or allowed to live in their family environment, for whatever length of time and for whatever reason. The reasons would include, but not be limited to: – – – – – – – – – the death of the parents, relinquishment or abandonment by parents, parents being involuntarily untraceable, temporary or permanent incapacity of parents (imprisonment, illness, disability), voluntary placement by parents (for the child’s medical or general care), the child’s decision to leave or not return to the family home, the child’s involuntarily internal displacement, arrival in a country as an unaccompanied minor seeking asylum or immigration, or as a victim of trafficking, an administrative or judicial decision to remove a child from parental care in his or her best interests (for protection and/or to ensure appropriate upbringing and care).

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A Commentary on the United Nations Convention on the Rights of the Child, Article 20: Children Deprived of Their Family Environment by Nigel Cantwell


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