CRC/C/CHN/CO/3-4
assistance and support services to parents and legal guardians, including to working
parents, in the performance of child-rearing responsibilities. It further recommends
that the State party reform the school merger programme in mainland China and
prioritize family environment and community-based care rather than
institutionalization of children.
50.
The Committee is concerned that women from mainland China who are married to
residents of Hong Kong, China and also have children who are residents of Hong Kong,
China are not able to obtain residence permits in Hong Kong, China, and thus regularly
have to go to mainland China to renew their one-way entry permits, and that they are not
entitled to work or family support in Hong Kong, China, creating an unstable and
vulnerable family situation for their children.
51.
In accordance with article 9, the Committee recommends that Hong Kong,
China take all necessary measures to facilitate family reunification, including by
granting these mothers residence permits in Hong Kong, China.
Children deprived of a family environment
52.
The Committee is seriously concerned about the widespread abandonment of
children in mainland China, particularly children with disabilities and girls, mainly due to
the State party’s family planning policy and discrimination and stigma attached to children
with disabilities and girls. Furthermore, while it notes that the NPCD calls for an increase in
qualified child welfare professionals by 2020, the Committee is concerned that the NPCD
and other new policies advocate for the establishment of children’s homes and offer greater
funding for such institutions than for kinship and community-based care, which could
unintentionally create incentives for government agencies to institutionalize children rather
than seek community-based alternative care options.
53.
The Committee is concerned about the absence of procedures for regular review of
the placement of children in care in Hong Kong, China and the lack of legislation on the
termination of parental rights when necessary. It is also concerned about the insufficient
professional support and care provided to families and children in Hong Kong, China and
that the best interests of the child and the right of the child to be heard are not sufficiently
considered in family crisis situations. The Committee is concerned that in Hong Kong,
China and Macao, China, children deprived of family care are placed in residential
institutions rather than in family-based care.
54.
The Committee urges the State party to take immediate steps in mainland
China to eliminate the widespread stigma in relation to girls and children with
disabilities and reform its family planning policy, in an effort to address the root
causes of the abandonment of girls and children with disabilities. It further
recommends that, in all areas under the State party’s jurisdiction, the best interests of
the child be prioritized in all decisions about alternative care for children and that
community-based, family-type care be preferred over institutionalization. The
Committee further recommends that the State party continue to increase the number
of professionals working with children and provide training to all professionals,
including through allocation of additional government resources.
55.
The Committee recommends that Hong Kong, China implement the Law
Reform Commission’s recommendations concerning law and procedural reforms in
this area and that Macao, China and Hong Kong, China increase resources and
services, including family and psychosocial counselling and parent education, and
train all professionals working with children. It further recommends that the rights of
the child to have his or her best interests taken as a primary consideration and to be
heard are fully taken into account in all decisions regarding custody, residence,
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