By Nigel Cantwell

ISBN-10: 9004148736

ISBN-13: 9789004148734

This quantity constitutes a remark on Article 20 of the United international locations conference at the Rights of the kid. it really is a part of the sequence, ''A observation at the United countries conference at the Rights of the Child'', which supplies 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

91 S. c. (note 86), p. 161. SCOPE OF ARTICLE 20 – – – – 35 situations where ‘parental care is not available’, in general or in terms of Article 5. In many cases, upbringing roles are shared by custom, within the wider family or beyond, and the direct link made between Articles 5 and 20 would therefore seem to have no clear – or at least exclusive – basis; the wide range of persons foreseen in Article 5 applies only to the very narrow and specific role of providing ‘appropriate direction and guidance’ for children in the exercise of their rights; Article 5 is not one of the four articles containing ‘general principles’, as defined by the CRC Committee, which are to underlie the CRC and its interpretation as a whole and in which the implementation of its various provisions is therefore to be grounded;92 in contrast, Article 3 figures among those general principles and mentions, over and above parents, only ‘legal guardians, or other individuals legally responsible’ for the child.

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 CESCR, again, calls for ‘special measures of protection and assistance [. ] on behalf of children and young persons without any discrimination for reasons of parentage and other conditions’ (Article 10(3)).

2 The Council of Europe Recommendation and the European Court of Human Rights65 39. Considering the apparent lack of strong human rights legislation with regard to the situation, care and rights of children without parental care, we make reference here to certain developments from the European region that could help, in later sections of this Commentary, to underline some of the most salient issues in the interpretation of Article 20. 40. It is particularly the Recommendation of the Committee of Ministers of the Council of Europe 2005(5)66 on the rights of children in institutions and Ibid.

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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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