CRC/C/PRY/CO/3
5.
Family environment and alternative care (arts. 5; 18 (paras. 1-2); 9-11;
19-21; 25; 27 (para. 4); and 39 of the Convention)
Family environment
40.
The Committee, while welcoming efforts carried out by the State party directed at
strengthening families, is concerned at the increasing number of children abandoned or
otherwise deprived of their family environment often due to poverty and that the lack of
financial resources may oblige children to work or to live in the streets. The Committee is
also concerned at the impact that migration may have on children in the State party.
41.
The Committee recommends that the State party introduce preventive
measures to support and strengthen the families, including family education and
awareness-raising through, for example, assessable training opportunities for parents,
to prevent the placement of children in institutions. To this effect, the Committee
recommends the prioritization of social services for children belonging to most
vulnerable groups and financial and psychological support to assist parents in the
exercise of their responsibilities for the upbringing and development of children. It
also recommends that the State party carry out an assessment of the impacts of all
forms of migrations in the nuclear family breakdown.
Alternative care
42.
The Committee notes article 8 of the Code on Children and Young Persons, which
includes the right of the child or adolescent to live with his or her family and prohibits the
separation of the child from his or her family because of the family’s economic situation.
However, it is concerned at the lack of statistical information on how many children are at
present in institutions such as shelter homes, as well as at the lack of information on the
living conditions of these children. It is further concerned at the lack of preventive
measures to strengthen the families.
43.
The Committee recommends that the State party:
(a)
Undertake a study to assess the situation of children placed in
institutions, including their living conditions and the services provided;
(b)
Take all necessary measures to allow children placed in residential cares
to return to their families whenever possible and consider the placement of children in
institutions as a measure of last resort and for the shortest period possible; and
(c)
Set clear standards for existing institutions, train them and ensure a
comprehensive mechanism of periodic review of children placed therein, in the light of
article 25 of the Convention and the Guidelines for the Alternative Care of Children
contained in United Nations General Assembly resolution 64/142 adopted on 20
November 2009.
Adoption
44.
The Committee welcomes Act No. 1169, adopted by the State party in 1997, and the
various initiatives that it has undertaken regarding adoption processes, with the effect of
restricting international adoption in response to widespread trafficking and sale of children.
However, it is concerned at the shortcomings in the system of birth registration and the
health sector which, coupled with the excessive amount of time that it takes to comply with
the necessary legal procedures, may lead to the improper understanding of the law with
regard to temporary custody. It is also concerned that families who intend to adopt can
select a child and take him/her home, even before the child has been declared eligible for
adoption and without evaluation of the family.
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