Special care to protect children against institutionalisation (UNCRC)

The UN Convention on the Rights of the Child (UNCRC) emphasises the need for special protection and care for children who are vulnerable and at risk. Both the declaration and convention of children rights recognize the rights to all children regardless of their disability or health condition. The roles of the family in caring for children and the state in providing support are highlighted.

Children living in institutions has been contrary to the Declaration of children’s rights already since 1959 since it states that ‘children have the right to live in healthy environment’. Already in 1951 Bowlby has proven that even a few days of institutional life for children is damaging for the development of their brain and has negative effects on a child’s well-being and behaviour. Therefore, institutions cannot be defined as healthy environment for children.

The UNCRC in the opening articles (article 2) declares children with disabilities as having equal rights as others and they should not be discriminated against.

Article 7 sets the right to know and be cared for by their parents which usually is not the case for children growing up in institutions. It is really hard for a child to get to know their parents when they live separately and see each other a few times a year or every few years as it usually happens to children living in institutions.

Children have the right to live with his or her parents (article 9) unless this is deemed incompatible with his or her best interests. Even when separated from them they have the right to maintain contact with both parents. Institutions do not explicitly forbid or prevent contacts with parents, but they also do not act upon enabling children to exercise their right to keep in contact with their parents.

The article 18 states that parents have joint primary responsibility for raising the child and the State shall support them in this. This is in particular the case for parents of children with disabilities where the main support that parents get is institutional care. In order to enable the parents to take responsibilities to raise their children with disabilities at home adequate support service should be provided. 

Children should be protected from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse (article 19).  Especially in institutions physical abuse and neglect can be observed as a routine. Children tied to cot beds, left alone in one room without any care and left to bang their heads until bleeding is typical for institutional abuse and neglect. 

Article 20 recognizes the right of children without family life for support and care especially in foster care and adoption and in special cases care in suitable institutions. Large institutions cannot be interpreted as suitable institutions as they breach many other rights from the convention. Suitable institutions are group homes (where max. 4 children live together) that provide children with a life as similar as possible to family life.

Article 23 is particularly aimed at children with disabilities. They have the right to live in dignity, self-respect and environments that enable their participation and inclusion in society. This right can be exercised only if suitable services in community are established and institutionalisation prevented.

The right to education (28. And 29. Article) is totally denied to children with disabilities in institutions. Instead of having a family life and being included in mainstream school system, they are placed in the social care system with very few education possibilities.

Article 37 most explicitly forbids the depriving children of their liberty unless in extreme cases and even that should be performed for an as short time as possible. This should be interpreted very narrowly; which means that it should be understood that the shortest possible time should be counted in hours and not in days or years. The same article states that every child deprived of their liberty should not be institutionalised together with adults but should have special services for themselves.

Family reintegration is the return of a child on a permanent basis to the family of origin who has been provisionally separated by an alternative family care placement or more usually a stay in residential care.  Where it is safe family reintegration constitutes the most desirable permanent solution for a child who has been in care. It should be sought as a priority, even if the family of origin does not seem “ideal” or their customs and ways of life are different from those of the majority of the population.

United Nations (1990) UN Convention on the Rights of the Child. Available at: http://www.unhcr.org/uk/4d9474b49.pdf

Claimer: This blog is intended as a part of Situation Analysis and Assessment/ Evaluation Report of Implementation of National Strategy on Deinstitutionalisation 2008-2018 which will be soon presented to the public within the EU framework project Technical assistance support for the deinstitutionalization process in social sector. For this blog Andreja Rafaelič is considered to be co-author. Acknowledgment to Andrew Dunn (UNICEF expert) for useful contribution.