By Nigel Cantwell

This quantity constitutes a remark on Article 20 of the United international locations 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 an editorial by way of article remark.

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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

While Article 20 of the CRC refrains from defining family narrowly as the child’s (biological) parents, the 1986 Declaration considers only those children for whom ‘[. ] care by 50 Article 5 of the 1986 Declaration. The ‘Legislative History’ of final Article 3 of the CRC conveys that there was considerable unanimity among the drafters concerning the issue of whether the child’s best interests should be ‘a’ or ‘the’ primary consideration in all actions concerning children. Implicitly, this unanimity expressed a friction between those who argued in favour of mitigating children’s rights to the benefit of the interests of other parties concerned (the parents), and those who saw the child’s best interests as a principle that should precede any other person’s or body’s interests.

51. 80 81 SCOPE OF ARTICLE 20 31 55. 82 This proposal was accepted without further discussion. It was not until the Second Reading that delegates suggested that a distinction be made between alternative family-based care, such as foster placements, and placement in institutions. 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.

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.

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