Children in alternative care
When the biological family is not able to take care of a child (because of death or illness of the parent(s), violence in the family, abuse or neglect of the child or family breakdown), state authorities or the court determine whether it is in the best interest of the child to be placed in alternative care. Article 20 of the CRC states that:
A child temporarily or permanently deprived of his or her family environment, or in whose own best interests cannot be allowed to remain in that environment, shall be entitled to special protection and assistance provided by the State … [which should] ensure alternative care for such a child.
These measures are only to be invoked in extreme cases; still, an estimated 1.5 million children in the Council of Europe member states live in some form of alternative care. Children who live outside a family unit or without parental care are often more likely to suffer from discrimination, abuse and exploitation, and may experience emotional and social deprivation because of neglect. They are thus especially vulnerable, and their rights may be particularly at risk of being violated.
Children can be placed with relatives, in foster care or other family-like settings, or in residential institutions. Evidence demonstrates that family and community-based forms of care, such as day care, parenting education and home support, are more likely to meet the needs of children than residential care in institutions. The Council of Europe therefore advocates for de-institutionalisation, which is beneficial to children, families, communities and governments.
Rights of children living in residential institutions
It is universally acknowledged that the family is the best place for a child’s development and well-being. However, children sometimes have to be entrusted to care institutions. A child can experience this “placement” as a traumatic experience. It is very important that the care procedure, arrangements
and conditions respect the rights of the child concerned. Placement must be an exceptional measure taken with the child’s best interests in mind, following a multidisciplinary assessment and subject to periodic review. All childcare institutions, including institutions run by religious organisations and NGOs, should be duly accredited and registered by a competent public authority. The care institution should as far as possible be located close to the
child’s home environment to facilitate regular contact between the child and their parents or relatives.
Conditions inside the institution should be organised in order to ensure the child’s best possible mental, emotional and physical development. Therefore, small, family-style living units should be encouraged. The staff should be competent, trained and stable with sufficient resources and they should comply with the child safeguarding policy of the institutions and the child protection legislation of the respective country. Any breach of children’s rights should be sanctioned in accordance with appropriate, effective procedures. Any disciplinary or supervisory measures applied in residential institutions should have their basis in official regulations and approved standards.
All children placed in residential institutions have the following rights, in particular:
- that the care decision, procedure, arrangement and conditions comply with the best interests of the child and the right to be heard
- the right to their identity, to equal opportunities and to respect for their ethnic, religious, cultural, social and linguistic background
- the right to be placed together with siblings and to maintain regular contact with their families and other key people in their lives
- the right to good quality healthcare
- access to all kinds of education and vocational training under the same conditions as apply to other children
- the right to be prepared for active, responsible citizenship through play, sport, cultural activities and increasing responsibilities
- the right to participate in decisions concerning them and to be informed of their rights and the residential institution’s rules in a manner suited to their age
- respect for their human dignity and physical integrity, in particular the right to humane, non-degrading living conditions and a non-violent upbringing, including protection against corporal punishment and all forms of abuse
- the right to privacy, including access to a person they trust and to a body competent to provide them with confidential advice on their rights
- the right to assert their fundamental rights before an identifiable, impartial, independent body.
Placements must not last longer than necessary and must have as primary objective the best interests of the child and their successful social integration or reintegration as soon as possible. A child leaving care should be entitled to an assessment of their individual needs and to appropriate after-care support with a view to ensuring their reintegration in the family and in society.
What kind of alternative care is available in your country?