Main principles of the Convention on the rights of the child

Decision making in accordance with the CRC

This lecture

• My tasks as the Dutch Ombudsperson for Children

• The CRC and General Comment no 14

• A case in immigration law

Tasks

• Monitoring children’s rights in the Netherlands

• Solicited and unsolicited advise to the goverment and parliament

• Helping to understand the CRC

• Helping with complaints • The voices of children are crusial for my agenda

3000 enquiries per year

• Child protection

• Education

• Divorce

• Immigration law

• Citizenship

• Health care

Recent studies

• Children growing up in poverty

• Children with a parent who has no residence permit (illegal status)

• Children with a parent in detention

• Children living in the Caribian part of the Netherlands

We work with the BIC-model (2006) Family: current situation Society: current situation

1. Adequate physical care 8. Safe wider physical environment

2. Safe direct physical environment 9. Respect

3. Affective atmosphere 10. Social network

4. Supporting, flexible childrearing structure 11. Education

5. Adequate examples by parents 12. Contact with peers

6. Interest 13. Adequate examples in society

Family: future and past

Society: future and past

7. Continuity in upbringing conditions, future perspective

14. Stability in life circumstances, future perspective

09-12-14 | 6

About the CRC (1989)

• All countries in the world except USA

• The Netherlands ratified in 1995

• All rights for all children

• Every five years a state’s report with concluding observations of each country concerning the protection and violation of children’s right in the specific country

12/19/2017 | 7

CRC umbrella articles

UNCRC

Article 2

Non- discrimination

Article 3

Best-interest-of-the-child dermination

Article 6

Right to life and development

Article 12

Right to participation,

right to be heard

Decision-making

• In each individual case • In the light of the specific circumstances of each child Related to 1. Individual characteristics of the child 2. Social and cultural context the child finds himself

• Consequences now and in the future ensuring continuity and stability

• Assessment by independent professionals • Preferably by a multdisciplinairy team • Child must be heard and views must be taken into account

12/19/2017 | 9

Best Interest of the Child assessment GC no 14

GC no 14 Elements as part of the assessment

• Child’s views • Identity • Preservation of family environment and

relationschips • Care, protection and safety • Vulnerablilty • Health care • Education

A case in migration law

• Two children and their mother • There is a court’s judgement that the family is to

be repartriated to Albania • Mother is arrested • Both children are staying with friends • Mother doesn’t want to tell the autorities where

the children stay • Mother is deported to Albania without her children

Centrals Question based on main principles CRC

• What decicion protects the holistic development of the children best?

• and how should the legal autorities have acted in their best interests?

Applying the commitees views on the case of the children

• Views • Identity • Vulnerablilty • Preservation of family environment and

relationschips • Care, protection and safety, • Health care • Education

Applying the commitees views on the case of the children

• Not only taking into account the current effects of the decision but also the future effects

Our judgement based on CRC

Important CRC articles

1. 2, 3, 6, 12

2. Other specific articles of relevance

1. Article 9 separation from parents only in the child’s best interests

2. Article 10 Family reunification

Our judgement based on CRC

The legal authorities did not act in the children’s best interests making the decisions they made because: 1. The autorities did not assess the child’s best interests in

accordance with GC nr 13 2. The autorities didn’t have a solid view of the consequenses

of the sepate deportation of mother for the children 3. The interests of the goverment where leading above the

children’s interests

This case has no winners

End

• Thanks for your attention!