CRC/C/ROM/CO/4
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abroad and the special needs of such children, some having endured abuse and neglect, including
at the hands of parents or relatives. In this regard, the Committee takes note of bilateral
agreements between Romania and destination countries regarding the return of unaccompanied
Romanian children abroad. It remains concerned that the return and re-integration of such
children may in some cases lead to re-victimization.
50.
The Committee recommends that the State party organizes nation-wide campaigns
to inform potential migrants of the child protection measures available and improve
measures for the identification and support of children left behind by migrating parents.
The Committee recommends that the State party ensure, including through the signing of
bilateral agreements containing appropriate safeguards, that decisions for return and reintegration of unaccompanied Romanian minors are carried out with the primary
consideration of the best interests of the child and taking into account the Committee’s
views contained in its general comment No. 6 (2005) on treatment of unaccompanied and
separated children outside their country of origin.
Children deprived of a family environment
51.
The Committee welcomes the decision taken to close down institutions and replace them
with family-type homes, and that between 2000 and 2007 the number of children in child
protection institutions has more than halved, while foster carers have been selected and trained,
and the number of children in foster care has almost tripled. The Committee is, however,
concerned that:
(a) There is no harmonized set of standards to guide the decision on placing a child in
out-of-family care, as well as its follow up and review;
(b) There is no unified protocol to guide the planning and monitoring of the
intervention, including the assessment of the child’s individual needs;
(c) There is no monitoring and evaluation of the quality and care provided, nor a
mechanism through which children and their families can submit complaints;
(d) Law No. 272/2004, while forbidding the placement of children under the age of 2
in residential care, allows for such placement exceptionally in the case of children with severe
disabilities, thereby discriminating against children with disabilities and opening the way for
discriminatory practices against children who are otherwise placed in residential care;
(e) Due to the closing of the former institutions and the lack of a sufficient number of
foster carers, abandoned newborns often spend many months in hospital wards;
(f)
The over-representation of Roma children in the care system is not accompanied
with special culturally sensitive programmes for children, family support, and reintegration
efforts.
52.
The Committee recommends that the State party, continue to promote foster care as
a form of alternative care and, taking into account the Committee’s recommendations
issued at the day of general discussion on children without parental care, held on 16
September 2005, take steps to ensure the protection of children’s rights in alternative care,
inter alia, by: