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
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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
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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
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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!