By Nigel Cantwell
This quantity constitutes a observation on Article 20 of the United international locations conference at the Rights of the kid. it truly is a part of the sequence, ''A statement at the United international locations conference at the Rights of the Child'', which supplies an editorial through article remark.
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Additional info for A Commentary on the United Nations Convention on the Rights of the Child, Article 20: Children Deprived of Their Family Environment
55. Argentina, Australia, Brazil, China, France, Italy, the Netherlands, Pakistan, Sweden, the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland and Portugal. 84 ECOSOC, 1989 report of the Working Group to the Commission on Human Rights, (UN Doc. 4/1989/48, 1989), paras. 339–348. , para. 347. e. whose parent(s) have taken the initiative to place him or her within the extended family or who has spontaneously been taken in by relatives? Does a child-headed household of siblings qualify as a ‘family environment’ and could it therefore be argued that children in such a household might be excluded from receiving special protection and assistance?
56–59, 1982), reproduced in S. ), The United Nations Convention on the Rights of the Child. A Guide to the Travaux Préparatoires (Dordrecht, Martinus Nijhoff, 1992), p. 298. SCOPE OF ARTICLE 20 33 customary carers, according to the case – is illustrated by the following list of CRC provisions (our italics): – a child has the right, as far as possible, to know and be cared for by his or her parents (Article 7) and not to be separated from them against their will, unless this is deemed to be in the child’s best interests (Article 9); – however, Article 18 ascribes the primary responsibility for the upbringing and development of the child to parents or legal guardians; – while Article 3 adds a further element, obligating States to ensuring ‘such protection and care as is necessary for [the child’s] well-being, taking into account the rights and duties of his or her parents, legal guardians, or other individuals legally responsible for him or her’; – whereas under Article 27 parents and others responsible for the child – which would thus include, but not be limited to, those with fully-fledged legal responsibility – are to be assisted in securing the conditions of living necessary for the child’s development; – and Article 5 hints at what the general term ‘others responsible’ might denote, mentioning the ‘responsibilities, rights and duties of parents or, where applicable, the members of the extended family or community as provided for by local custom, legal guardians or other persons legally responsible for the child’.
71 44. This judgement affirmed the right of the child to maintain regular contact with his or her natural family and the obligation of public authorities to spare no efforts to possibly reunite a child with his or her family after placement in a public care institution. 73 While these judgements basically referred to the rights of parents under Article 8, other judgements of the Court protected the right of the child to physical integrity. In Scozzari and Giunta v. 74 It was the Court’s opinion that public authorities had failed to assess carefully the suitability of the institutional care setting and, as such, had disregarded the best interests of the child.
A Commentary on the United Nations Convention on the Rights of the Child, Article 20: Children Deprived of Their Family Environment by Nigel Cantwell