By Nigel Cantwell
This quantity constitutes a observation on Article 20 of the United international locations conference at the Rights of the kid. it really is a part of the sequence, ''A statement at the United countries conference at the Rights of the Child'', which supplies a piece of writing through article remark.
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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
72. By implication, it is arguable that opportunities for kinship care should be given priority by the competent authorities when fulfilling their responsibilities to ensure alternative care. However, as noted above, State R. Hodgkin and P. c. (note 27), p. 259. Article 4 of the CRC. 98 See, for example, regarding the USA: National Conference of State Legislatures, State Child Welfare Legislation 2005, Washington DC, July 2006; regarding Australia: Australian Institute of Family Studies, Resource Sheet No.
303. c. (note 1), para. 6. 90 See, for example Ph. Alston, ‘The Best Interests Principle: Towards a Reconciliation of Culture and Human Rights’, International Journal of Law, Policy, and the Family 8, No. 1, 1994, p. 11; G. Van Bueren, The International Law on the Rights of the Child (Dordrecht, Martinus Nijhoff, 1995), p. 71. 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.
56 Other international documents addressing the situation of refugee children are UNHCR, Working with Unaccompanied Children: A Community-Based Approach (Geneva, UNHCR, 1996); UNHCR, Guidelines on Policies and Procedures in Dealing with Unaccompanied Children Seeking Asylum (Geneva, UNHCR, 1997); UNHCR/Save the Children Alliance Brussels, The Separated Children in Europe Programme: Statement of Good Practice (Brussels, UNHCR/STC, 2004) and Save the Children UK, Working with separated children. Field Guide.
A Commentary on the United Nations Convention on the Rights of the Child, Article 20: Children Deprived of Their Family Environment by Nigel Cantwell