NCJ Number
166430
Journal
Children's Legal Rights Journal Volume: 16 Issue: 3 Dated: (Summer 1996) Pages: 2-16
Date Published
1996
Length
15 pages
Annotation
This paper examines the UN Convention on the Rights of the Child, especially the articles limiting physical separation of child from parents and safeguarding the child's relationship to family when separation occurs.
Abstract
The Convention stipulates that the family should be afforded necessary protection and assistance to assume its responsibilities; acknowledges that conditions may exist that require separation of children from their families, but seeks to prevent unwarranted separation; and promotes legal and procedural safeguards to protect the child's right to a family environment if separated from the natural family. Articles 9 and 25 limit physical separation of children from their families to situations where: (1) it is necessary for protection from abuse or neglect; (2) it is necessary for treatment of physical or mental health needs; (3) the parents are living separately; or (4) the parent is being detained by the state. These two articles also safeguard the psychological and social relationship of children to their parents when separation occurs. Other related provisions protect children from arbitrary or unlawful interference with their relationships with their families; provide for adequacy of alternative placement when separation is necessary; and affirm parental responsibility and States' obligation to assist families in order to prevent separation. Appendix, endnotes