By Nigel Cantwell
This quantity constitutes a observation on Article 20 of the United countries conference at the Rights of the kid. it truly is a part of the sequence, ''A remark at the United international locations conference at the Rights of the Child'', which supplies a piece of writing via article remark.
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Extra info for A Commentary on the United Nations Convention on the Rights of the Child, Article 20: Children Deprived of Their Family Environment
The two Covenants: Even though none of the obligations contained in the CCPR specifically addresses children living outside their family environment, there are various provisions of immediate relevance to Article 20. 1). Furthermore, the article stipulates the right of the child to be registered immediately after birth and to have a name and nationality. These rights are of direct importance to Article 20, considering the fact that the iden- 52 Article 5 of the 1986 Declaration. COMPARISON WITH RELATED INTERNATIONAL HUMAN RIGHTS INSTRUMENTS 19 tity rights of children living outside their family environment – temporarily or permanently – are often in danger (for ‘abandoned’ or ‘relinquished’ children and unaccompanied minor refugees, for example) and consequently need strong protection on the part of State authorities and all those concerned with the child’s well-being.
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.
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’.
A Commentary on the United Nations Convention on the Rights of the Child, Article 20: Children Deprived of Their Family Environment by Nigel Cantwell