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By Nigel Cantwell

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

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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

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82 This proposal was accepted without further discussion. It was not until the Second Reading that delegates suggested that a distinction be made between alternative family-based care, such as foster placements, and placement in institutions. 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.

102 84. While the State’s overall CRC obligations clearly hold for children in such situations, the precise nature, extent and thrust of those obligations under Article 20 have yet to be clarified. There are two main issues that need to be resolved in order for such clarification to take place. 85. First is the definition of the term ‘child-headed households’ itself. In recent years, the widely-accepted view that these households are formed of sibling groups, headed by the oldest child, has been contested as being too narrow to reflect reality.

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.

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