Download e-book for kindle: A Commentary on the United Nations Convention on the Rights by Nigel Cantwell

Human Rights

By Nigel Cantwell

This quantity constitutes a remark on Article 20 of the United countries conference at the Rights of the kid. it's 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 by way of 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

Example text

COMPARISON WITH RELATED INTERNATIONAL HUMAN RIGHTS INSTRUMENTS 23 removed from their families, but also those separated from their families for other reasons. This becomes even more obvious in the following paragraphs of Article 25, where it requires States Parties to ‘take all necessary measures to trace and reunite children with parents or relatives where separation is caused by internal and external displacement arising from armed conflicts or natural disasters’ (Article 25(2)(b)). 38. 64 In this regard, the African Charter is more explicit than the CRC, since it applies the best interests of the child not only to the decision to take the child out of his or her family environment but also to any decision regarding the choice of an alternative placement.

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.

The biological parents vs. extended concepts of the family) and that Article 20 also embraces the wider term ‘family environment’, will be discussed further in the chapter on the scope of Article 20. 2. Standards Developed for Particular Groups of Children 31. Apart from general human rights provisions, some of which protect the rights of children without parental care, there are special standards applying to specific groups who can be defined as children ‘deprived of their family environment’.

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