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Alternative Care and Children’s Rights

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International Human Rights of Children

Part of the book series: International Human Rights ((IHR))

Abstract

In this chapter children’s rights and state obligations in relation to alternative care are presented, with reference to the UN Alternative Care Guidelines and the general comments and concluding observations of the UN Committee on the Rights of the Child. The CRC places great emphasis on supporting families to take care of their children. Prevention of the need for alternative care should take place by, inter alia, tackling child poverty and supporting families with children with disabilities, as well as by improving the caretaking abilities of parents in order to avoid neglect and abuse of the child. Any decision to place a child in alternative care should be subject to strict criteria and procedural safeguards, made by a competent body supported by qualified professionals, and involve the child him- or herself. The chapter discusses the type of care, with a preference for family type care. Once in alternative care the child has the right to protection and care in line with standards set by the State. Freedom from violence is a basic requirement, and children should enjoy their rights to education, food, play etc. The child has the right to retain contact with both parents unless contrary to his/her best interests. Monitoring and complaints mechanisms are necessary to ensure that the requirements are met. The possibility of reintegration or other long term solutions is presented, including support to children leaving care. In concluding, the author discusses possible reasons why states do not properly implement the CRC in this area.

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Notes

  1. 1.

    Guidelines on European law that relates to children can be found in the “Handbook on European law relating to the rights of the child” produced jointly by the European Union Fundamental Rights Agency and the Council of Europe in 2015.

  2. 2.

    Davidson (2015) discusses how to move forward with the guidelines, based on the handbook.

  3. 3.

    Benin, Bulgaria, Gabon, Iran, Ireland, Kenya, Maldives, Nauru, Nepal, New Zealand, Oman, Pakistan, Peru, Samoa, Senegal, Sierra Leone, South Africa, Suriname, the UK, Zimbabwe.

  4. 4.

    Author’s own examination of the Concluding Observations, see reference list for the Concluding Observations to each State Party.

  5. 5.

    This is evident from supplementary reports to the Committee in its review process of States Parties’ reports, as well as from dialogues with States.

  6. 6.

    There is only one mention of the child in this respect in a proposal made by the International Federation of Women in Legal Careers and the International Abolitionist Federation to make an addition to what is now Article 9 para. 2: “It shall be understood that the children will have an opportunity to express their preference,” (OHCHR 2007, p. 402). The proposal implies that children are not covered. It is not commented on and may have been considered to be covered by Article 12.

  7. 7.

    Kafalah is explicitly mentioned but will not be further presented here. See Assim and Sloth-Nielsen (2014).

  8. 8.

    Author’s personal experience as member of the Committee.

References

  • Alternative Care Guidelines (ACG) (2010) A/RES/64/142, Guidelines for the alternative care of children, resolution adopted by UN General Assembly 64/142, annex, 24 Feb 2010. Retrieved from https://www.unicef.org/protection/alternative_care_Guidelines-English.pdf

  • Assim UM, Sloth-Nielsen J (2014) Islamic kafalah as an alternative care option for children deprived of a family environment. Afr Human Rights Law J 14(2):322–345

    Google Scholar 

  • Barrientos A, Byrne J, Villa JM, Pena P (2013) Social transfers and child protection. UNICEF office of research, WP-2013-05

    Google Scholar 

  • Bessel S, Gal T (2009) Forming partnerships: the human rights of children in need of care and protection. Int J Child Rights 17(2):283–298

    Article  Google Scholar 

  • Cantwell N, Davidson J, Elsley S, Milligan I, Quinn N (2012) Moving forward: implementing the ‘guidelines for the alternative care of children’. Centre for Excellence for Looked After Children in Scotland (CELCIS), Glasgow. Retrieved from http://www.alternativecareguidelines.org/Portals/46/Moving-forward/Moving-Forward-implementing-the-guidelines-for-web1.pdf

    Google Scholar 

  • Cardol G (2017) Amendment of the Dutch child protection system: an improvement for children? In: Liefaard T, Sloth-Nielsen J (eds) The United Nations convention on the rights of the child: taking stock after 25 years and looking ahead. Brill Nijhoff, Leiden, pp 879–894

    Google Scholar 

  • CATS Conference (2015) Children as actors for transforming society. https://catsconference.com/news-en-route-to-cats-2015/

  • Convention on the Rights of the Child (CRC)

    Google Scholar 

  • CRC DGD (2005) Children without parental care, CRC/C/153, 16 Sept 2005. Available at http://www.ohchr.org/EN/HRBodies/CRC/Pages/DiscussionDays.aspx

  • CRC/C/BEN/CO/3-5 (2016) Concluding observations on the combined third to fifth periodic reports of Benin, 25 February 2016

    Google Scholar 

  • CRC/C/BGR/CO/3-5 (2016) Concluding observations on the combined third to fifth periodic reports of Bulgaria, 21 November 2016

    Google Scholar 

  • CRC/C/BRB/CO/2 (2017) Concluding observations on the second periodic report of Barbados, 3 February 2017

    Google Scholar 

  • CRC/C/BRN/CO/2-3 (2016) Concluding observations on the combined second and third periodic reports of Brunei Darussalam, 24 February 2016

    Google Scholar 

  • CRC/C/CAF/CO/2 (2017) Concluding observations on the second periodic report of Central African Republic, 3 February 2017

    Google Scholar 

  • CRC/C/FRA/CO/5 (2016) Concluding observations on the fifth periodic report of France, 23 February 2016

    Google Scholar 

  • CRC/C/GAB/CO/2 (2016) Concluding observations on the second periodic report of Gabon, 8 July 2016

    Google Scholar 

  • CRC/C/GBR/CO/5 (2016) Concluding observations on the fifth periodic report of the United Kingdom of Great Britain and Northern Ireland, 12 July 2016

    Google Scholar 

  • CRC/C/HTI/CO/2-3 (2016) Concluding observations on the combined second and third periodic reports of Haiti, 24 February 2016

    Google Scholar 

  • CRC/C/IRL/CO/3-4 (2016) Concluding observations on the combined third and fourth periodic reports of Ireland, 1 March 2016

    Google Scholar 

  • CRC/C/IRN/CO/3-4 (2016) Concluding observations on the combined third and fourth periodic reports of the Islamic Republic of Iran, 14 March 2016

    Google Scholar 

  • CRC/C/KEN/CO/3-5 (2016) Concluding observations on the combined third to fifth periodic reports of Kenya, 21 March 2016

    Google Scholar 

  • CRC/C/LVA/CO/3-5 (2016) Concluding observations on the third to fifth periodic reports of Latvia, 14 March 2016

    Google Scholar 

  • CRC/C/MDV/CO/4-5 (2016) Concluding observations on the combined fourth and fifth periodic reports of Maldives, 14 March 2016

    Google Scholar 

  • CRC/C/NPL/CO/3-5 (2016) Concluding observations on the combined third to fifth periodic reports of Nepal, 8 July 2016

    Google Scholar 

  • CRC/C/NRU/CO/1 (2016) Concluding observations on the initial report of Nauru, 28 October 2016

    Google Scholar 

  • CRC/C/NZL/CO/5 (2016) Concluding observations on the fifth periodic report of New Zealand, 21 October 2016

    Google Scholar 

  • CRC/C/OMN/CO/3-4 (2016) Concluding observations on the combined third and fourth periodic reports of Oman, 14March 2016

    Google Scholar 

  • CRC/C/PAK/CO/5 (2016) Concluding observations on the fifth periodic report of Pakistan, 11 July 2016

    Google Scholar 

  • CRC/C/PER/CO/4-5 (2016) Concluding observations on the combined fourth and fifth periodic reports of Peru, 2 March 2016

    Google Scholar 

  • CRC/C/SAU/CO/3-4 (2016) Concluding observations on the combined third and fourth periodic reports of Saudi Arabia, 25 October 2016

    Google Scholar 

  • CRC/C/SEN/CO/3-5 (2016) Concluding observations on the combined third to fifth periodic reports of Senegal, 7 March 2016

    Google Scholar 

  • CRC/C/SLE/CO/3-5 (2016) Concluding observations on the combined third to fifth periodic reports of Sierra Leone, 1 November 2016

    Google Scholar 

  • CRC/C/SUR/CO/3-4 (2016) Concluding observations on the combined third and fourth periodic reports of Suriname, 9 November 2016

    Google Scholar 

  • CRC/C/SVK/CO/3-5 (2016) Concluding observations on the combined third to fifth periodic reports of Slovakia, 20 July 2016

    Google Scholar 

  • CRC/C/WSM/CO/2-4 (2016) Concluding observations on the combined second to fourth periodic reports of Samoa, 12 July 2016

    Google Scholar 

  • CRC/C/ZAF/CO/2 (2016) Concluding observations on the second periodic report of South Africa, 7 October 2016

    Google Scholar 

  • CRC/C/ZMB/CO/2-4 (2016) Concluding observations on the combined second to fourth periodic reports of Zambia, 14 March 2016

    Google Scholar 

  • CRC/C/ZWE/CO/2 (2016) Concluding observations on the second periodic report of Zimbabwe, 7 March 2016

    Google Scholar 

  • Davidson J (2015) Closing the implementation gap: moving forward with the United Nations guidelines for the alternative Care of Children. Int J Child Youth Fam Stud 6(3):379–387

    Article  Google Scholar 

  • General Comment No. 8 (2006) The right of the child to protection from corporal punishment and other cruel or degrading forms of punishment (arts. 19; 28, para. 2; and 37, inter alia), CRC/C/GC/8

    Google Scholar 

  • General Comment No. 12 (2009) The right of the child to be heard, CRC/C/GC/12

    Google Scholar 

  • General Comment No. 13 (2011) The right of the child to freedom from all forms of violence, CRC/C/GC/13

    Google Scholar 

  • General Comment No. 14 (2013) On the right of the child to have his or her best interests taken as a primary consideration (Article 3, para. 1), CRC/C/GC/14

    Google Scholar 

  • Hodgkin, Newell (2007) Implementation handbook for the convention on the rights of the child. UNICEF, Geneva

    Google Scholar 

  • Huijbregts M, Chowdhury S (2017) Two for the price of one: building a child protection system through social protection mechanisms. In: Liefaard T, Sloth-Nielsen J (eds) The United Nations convention on the rights of the child: taking stock after 25 years and looking ahead. Brill Nijhoff, Leiden, pp 814–834

    Google Scholar 

  • International Covenant on Civil and Political Rights

    Google Scholar 

  • International Covenant on Economic, Social and Cultural Rights

    Google Scholar 

  • Kendrick A (2015) Residential child care. In: International encyclopedia of the social & behavioral sciences, 2nd edn. Elsevier, Oxford, pp 534–539

    Chapter  Google Scholar 

  • Kilkelly U (2015) The CRC in litigation under the ECHR. The CRC and the ECHR: the contribution of the European court of human rights to the implementation of article 12 of the CRC. In: Liefaard T, Doek JE (eds) Litigating the rights of the child: the UN convention on the rights of the child in domestic and international jurisprudence. Springer, Dordrecht, pp 193–209

    Google Scholar 

  • Liefaard, Sloth-Nielsen (2017) 25 years CRC: reflecting on successes, failures and the future. In: Liefaard T, Sloth-Nielsen J (eds) The United Nations convention on the rights of the child: taking stock after 25 years and looking ahead. Brill Nijhoff, Leiden, pp 1–13

    Google Scholar 

  • Magnussen AM, Skivenes M (2015) The child’s opinion and position in care order proceedings: an analysis of judicial discretion in the county boards’ decision-making. Int J Child Rights 23(4):705–723

    Article  Google Scholar 

  • Munro E, Turnell A, Murphy T (2016) You can grow roses in concrete: action research final report signs of safety English innovations project. Munro Turnell and Murphy, Perth. Retrieved at http://munroturnellmurphy.com/eip-report

    Google Scholar 

  • My Three Houses App. Retrieved at https://www.signsofsafety.net/4303/

  • Office of the High Commissioner for Human Rights (OHCHR) (2007) Legislative history of the convention on the rights of the child, vol 1. United Nations, New York

    Google Scholar 

  • Petrowski N, Cappa C, Gross P (2017) Estimating the number of children in formal alternative care: challenges and results. Child Abuse and Neglect 70:388–398. Available online http://www.sciencedirect.com/science/article/pii/S0145213416302873. Visited 26 Aug 2017

    Article  Google Scholar 

  • Pinheiro PS (2006) United Nations study on violence against children (see A/61/299), http://www.unviolencestudy.org/, Chapter 3 Violence against children in the home and family, https://www.unicef.org/violencestudy/3.%20World%20Report%20on%20Violence%20against%20Children.pdf. Visited 26 Aug 2017

  • Save the Children UK (2009) Keeping children out of harmful institutions: why we should be investing in family-based care. Save the Children, London

    Google Scholar 

  • Sivilombudsmannen (2017) Besøksrapport Ullersmo fengsel, Ungdomsenhet øst 7.–8. februar 2017 (the Norwegian Parliamentary Ombudsman, report on a visit to the eastern Norway prison unit for young people aged 15–19 years)

    Google Scholar 

  • Stang EG, Hydle I (2016) Ungdomsenheten og det tverretatlige teamet ved Bjørgvin fengsel, NOVA Rapport 1/16 (research report evaluating the Bergen prison unit for children between 15 and 18 years)

    Google Scholar 

  • United Nations General Assembly (UNGA) (2014) Resolution 68/268 adopted on 9 April 2014 A/RES/68/268, Strengthening and enhancing the effective functioning of the human rights treaty body system

    Google Scholar 

  • Van den Boom PM (2017) Advancing children’s rights through parent support services. In: Liefaard T, Sloth-Nielsen J (eds) The United Nations convention on the rights of the child: taking stock after 25 years and looking ahead. Brill Nijhoff, Leiden, pp 801–813

    Google Scholar 

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Author information

Authors and Affiliations

  1. Department of Public and International Law, University of Oslo, Oslo, Norway

    Kirsten Sandberg

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  1. Kirsten Sandberg
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Correspondence to Kirsten Sandberg .

Editor information

Editors and Affiliations

  1. School of Law, University College Cork, Cork, Ireland

    Ursula Kilkelly

  2. Leiden Law School, Leiden University, Leiden, The Netherlands

    Ton Liefaard

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Sandberg, K. (2019). Alternative Care and Children’s Rights. In: Kilkelly, U., Liefaard, T. (eds) International Human Rights of Children. International Human Rights. Springer, Singapore. https://doi.org/10.1007/978-981-10-4184-6_8

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