Children and Family Breakdown - The Tearfund International ...

FULL TEXT OF THE
RELEVANT ARTICLES
FOR FAMILY AND
PARENTING IN THE
UN CRC
CHILDREN AT RISK GUIDELINES
In the Preamble: The State Parties to the present convention… convinced that the family, as the
fundamental group of society and the natural environment for the growth and wellbeing
of all its members and particularly children, should be afforded the necessary
protection and assistance so that it can fully assume its responsibilities within the
community, recognising that the child, for the full and harmonious development of
his or her personality, should grow up in a family environment, in an atmosphere of
happiness, love and understanding… have agreed as follows:
Article 3: State Parties undertake to ensure the child such protection and care as is necessary
for his or her well-being, taking into account the rights and duties of his or her
parents, legal guardians, or other individuals legally responsible for him or her, and
to this end, shall take all appropriate legislative and administrative measures.
Article 5: State Parties shall respect the responsibilities, rights and duties of parents or where
applicable the members of the extended family or community as provided for by
local custom, legal guardians or other persons legally responsible for the child, to
provide, in a manner consistent with the evolving capacities of the child, appropriate
direction and guidance in the exercise by the child of the rights recognised in the
present Convention.
Article 9: State Parties shall ensure that a child shall not be separated from his or her parents
against their will, except when competent authorities subject to judicial review
determine, in accordance with applicable law and procedures, that such separation
is necessary in a particular case such as one involving abuse or neglect of the child
by the parents, or one where parents are living separately and a decision must be
made as to the child’s place of residence.
Article 18: State Parties shall use their best efforts to ensure recognition of the principle that
both parents have common responsibilities for the upbringing and development of
the child. Parents or, as the case may be, legal guardians have the primary
responsibility for the upbringing and development of the child. The best interest of
the child will be their basic concern.
Article 19: State Parties shall take all appropriate legislative, administrative, social and
educational measures to protect the child from all forms of physical or mental
violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation,
including sexual abuse, whilst in the care of parents, legal guardians or any other
persons who have care of the child.
Article 20: A child temporarily or permanently deprived of his or her family environment, or in
whose best interests cannot be allowed to remain in that environment, shall be
entitled to special protection and assistance by the State.
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