CHILD Protection & Rights > Child Protection Issues.

International and National Framework for Children without Parental Care.

International Framework

Convention on the Rights of the Child (1989) Articles 9, 20-22 and 25.
While children have the right to be cared for by their parents or family (Article 9), a child who no longer has a family, has become separated from his or her family, or whose family presents serious danger to his or her health or development has the right to alternative care. Four possible types of alternative care are mentioned (Article 20): foster placement, kafalah of Islamic law, adoption or, if other options are not available, placement in a suitable institution.

Children without Parental Care. Committee on the Rights of the Child Decision (2004)

Declaration on Social and Legal Principles relating to the Protection and Welfare of Children, with special reference to Foster Placement and Adoption nationally and Internationally. UN General Assembly Resolution 41/85 (1986)

The Plight of Street Children. UN General Assembly Resolution 49/212 (1994)

National Framework

The Juvenile Justice (Care and Protection) Act 2000 deals with children in need of care and protection. It includes a child:
• who is found without home or means of subsistence.
• whose parent or guardian is unable to look after the child.
• who is an orphan or whose parents have abandoned her/him or who is missing, a run away child or whose parents cannot be found after reasonable inquiry.

Some proposals to protect families from separation:

- Family support
Families will require support when faced with problems they are unable to overcome on their own. Ideally support should come from existing networks, such as extended family, religious leaders, and neighbours...

- Household economic strengthening
Household economic strengthening aims to reduce a family's vulnerability to poverty, increase economic independence, and improve people's ability to provide for their children...

- Health and Nutrition Programmes
Families affected by illness and poverty may not be able to provide adequately for their child or lack access to essential health services...

- Education Progammes
Schools are ideal for encouraging awareness of issues which place children at risk and increase the likelihood of child separation...

- Psychosocial support
The best form of psychosocial support for children is a healthy family and supportive community...