Article 20: Children deprived of parental care

Convention text

1.

A child who does not live, or is temporarily unable to live, in their own family has the right to special protection and assistance from the government. This also applies to children who cannot remain in their family in their own best interests.

2.

The countries that have signed the Convention must ensure that such a child receives alternative care, in accordance with national law.

3.

Such care may include, for example, foster placement, kafalah under Islamic law, adoption or, if necessary, placement in a childcare institution. In determining the most appropriate solution, the government must take into account the desirability of continuity in the child's upbringing and to the child's religious, cultural, ethnic and linguistic background.

Key point

For children who cannot, or cannot temporarily, grow up in their own family, the government must provide alternative care, such as foster care, a family-type home or a youth care institution.

Explanation

Every child has the right to grow up in a family. If this is not possible, for example because the parents are unable to care for the child, the government must ensure that the child is placed in another family, such as a foster family. In doing so, the government must take into account the child’s cultural and religious background, as well as their mother tongue. When looking for a suitable place for the child to grow up, the government must first consider whether this can be arranged within the child’s own environment, for example with relatives. If this is not possible, the child is placed in a foster family or a family-type home. Only if this is also not possible will the child be placed in a youth care institution.

Upbringing with as little disruption as possible

A child also has the right to continuity in upbringing, or as much continuity as possible. This means that the child’s living situation should not change repeatedly, as this is not good for their development. A child should also be able to form stable relationships with trusted adults. These interests may sometimes conflict. For example, when children have lived in a foster family for a long time but may be able to return to their own family. What should take priority then? The child’s right to grow up with their parents, or their right to continuity in upbringing? The United Nations has considered this issue. You can read more about it in the Guidelines for the Alternative Care of Children. Please note that these guidelines are not legally binding, but they help to clarify how Article 20 of the Convention is intended by the United Nations.

General Comment No. 6 on the Convention provides guidance on the treatment of unaccompanied and separated children living outside their country of origin.