By Nigel Cantwell

ISBN-10: 9004148736

ISBN-13: 9789004148734

This quantity constitutes a observation on Article 20 of the United international locations conference at the Rights of the kid. it's a part of the sequence, ''A observation at the United international locations conference at the Rights of the Child'', which gives a piece of writing via article observation.

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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

Example text

50. The first short section gives an overall insight into how the basic scope of Article 20 was determined, bringing together in one place the main features of the development of the text, various elements of which are discussed in more detail at appropriate points later in the chapter. In the second section, we examine in particular the interpretation and ramifications of terms used in order to define which children are to be the beneficiaries of the rights afforded. The third and final section looks at the substance of those rights and considerations for their implementation.

A pre-requisite for this is that it be aware of the presence of the child in a care setting other than that of the parents. As a logical consequence, the State needs to encourage or require notification of kinship or other informal care arrangements made for a child not living with his or her parents. 2 Loss of, or Removal from, the Family Environment 74. Article 20 refers to the situation of any child who is either ‘temporarily or permanently deprived of his or her family environment’ or ‘cannot be allowed to remain in that environment’ in view of his or her best interests.

The subsequent mention of foster-care – a predominantly short- or medium-term measure – as one of the potential responses to, apparently, both kinds of situations (para. 3) is one indication that removal may also be seen as a temporary measure. Similarly, ‘placement in suitable institutions’ (para. 3) is equally applicable to both situations: being also subject to the ‘periodic review’ (Article 25) of its appropriateness and on-going necessity, it too is clearly to be envisaged as a potentially temporary care arrangement.

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A Commentary on the United Nations Convention on the Rights of the Child, Article 20: Children Deprived of Their Family Environment by Nigel Cantwell


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