09 - Separation from parents
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Convention on the Rights of the Child
- 01 - Child: meaning
- 02 - States Parties duties
- 03 - Child as primary consideration in measures
- 04 - Measures bound by available resources; international co-operation
- 05 - Respect for the responsibilities, rights and duties of parents
- 06 - Right to life; survival and development
- 07 - Registration after birth; name, nationality, parents
- 08 - Preservation of identity
- 09 - Separation from parents
- 10 - Family reunification
- 11 - Combat illicit transfer and non-return of children
- 12 - Express views freely; due weight given; child heard in judicial & administrative proceedings
- 13 - Freedom of expression; certain restrictions
- 14 - Freedom of thought..., rights and duties of parents, certain limitations
- 15 - Freedom of association and peaceful assembly
- 16 - No arbitrary or unlawful interference with privacy
- 17 - Access to information (... aimed at well-being)
- 18 - Both parents having common responsibilities
- 19 - Protecting the child from physical or mental violence, injury or abuse, neglect,...
- 20 - Care for a child deprived of his or her family environment
- 21 - States Parties and the system of adoption
- 22 - Appropriate protection and humanitarian assistance for a child seeking refugee status
- 23 - Rights and special needs of a disabled child
- 24 - Right to health; measures by States Parties
- 25 - Periodic review of treatment provided to a placed child
- 26 - Right to benefit from social security
- 27 - Standard of living adequate for the child's development
- 28 - Right to education; compulsory and free primary education; secundary & higher education
- 29 - Education of the child: directions
- 30 - Children of indigenous origin
- 31 - Right of the child to rest and leisure; participation in cultural life
- 32 - Protection of the child from economic exploitation
- 33 - Protection of children from the illicit use of narcotic drugs and psychotropic substances
- 34 - Protection of the child from all forms of sexual exploitation and sexual abuse
- 35 - Prevention of the abduction of, the sale of or traffic in children
- 36 - Protection of the child against all forms of exploitation
- 37 - Arrest, detention or imprisonment of a child; capital punishment
- 38 - Armed conflicts; rules applicable to children
- 39 - Physical and psychological recovery and social reintegration of a child victim
- 40 - A child who has infringed the penal law
- 41 - Precedence of other law
- 42-45 - Part II - Committee on the Rights of the Child
- 46-54 - Part III - Further Institutional Provisions
- States Parties shall ensure that a child shall not be separated from his or her parents against their will, except when competent authorities subject to judicial review determine, in accordance with applicable law and procedures, that such separation is necessary for the best interests of the child. Such determination may be necessary in a particular case such as one involving abuse or neglect of the child by the parents, or one where the parents are living separately and a decision must be made as to the child's place of residence.
- In any proceedings pursuant to paragraph 1 of the present article, all interested parties shall be given an opportunity to participate in the proceedings and make their views known.
- States Parties shall respect the right of the child who is separated from one or both parents to maintain personal relations and direct contact with both parents on a regular basis, except if it is contrary to the child's best interests.
- Where such separation results from any action initiated by a State Party, such as the detention, imprisonment, exile, deportation or death (including death arising from any cause while the person is in the custody of the State) of one or both parents or of the child, that State Party shall, upon request, provide the parents, the child or, if appropriate, another member of the family with the essential information concerning the whereabouts of the absent member(s) of the family unless the provision of the information would be detrimental to the well-being of the child. States Parties shall further ensure that the submission of such a request shall of itself entail no adverse consequences for the person(s) concerned.
page revision: 3, last edited: 15 Aug 2011 08:07
