Download A Commentary on the United Nations Convention on the Rights by Nigel Cantwell PDF

By Nigel Cantwell

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

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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

Thereafter, no delegation questioned the formulation ‘if necessary’, even though the ordering of potential alternative solutions was changed a few times. 56. 85 The qualifier ‘if necessary’ with regard to ‘suitable institutions’ was not included in the list. While the logic of ordering was generally accepted by the rest of the delegates, institutions were nevertheless singled out as a measure of last resort, so that the final wording of Article 20(3) read: ‘Such care could include, inter alia, foster placement, Kafala of Islamic law, adoption, or if necessary placement in suitable institutions for the care of children’.

V. Finland, 27 April 2000. 73 E. c. (note 70), p. 4. 74 For an account of recent developments in common law regarding the liability of public authorities for children abused in institutional care, see M. Hall, ‘The Liability of Public Authorities for the Abuse of Children in Institutional Care: Common Law Developments in Canada and the United Kingdom’, International Journal of Law, Policy and the Family 14, No. 3, 2000, pp. 281–301. 71 72 COMPARISON WITH RELATED INTERNATIONAL HUMAN RIGHTS INSTRUMENTS 27 Article 20 of the CRC than the CRC itself.

53. Until 1982, the proposals for Article 11 always addressed the child ‘deprived of parental care’. This formulation was criticized at the 1982 session of the Working Group, when one speaker contended that it should be replaced by the term ‘biological family’. However, this even more restrictive wording was immediately met by a counter-proposal that argued in favour of a broader formulation: ‘natural family environment’. After some discussion and after India and the United States had introduced another compromise text, the formulation was changed to ‘normal family environment’ [our emphasis].

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