CRC/C/ALB/CO/2-4
them with social services appropriate for them. The Committee also urges the State
Party to:
(a)
Amend Decree No. 209 of 12 April 2006 with a view to prohibiting the
placement of children into institutions on economic grounds;
(b)
Further prioritize family-type care settings over institutional placements,
by inter alia raising public awareness about the negative impact of institutionalization
on a child’s development;
(c)
Take all the necessary measures to reduce children’s length of stay in
institutions by the regular review of placement as required under article 25 of the
Convention;
(d)
Ensure that children are no longer separated from their siblings and that
they are cared for in a stable environment that favours the creation and maintenance
of positive relationships with adults and children;
(e)
Abide by its commitment made during the universal periodic review
process to extend the age of leaving care from 15 to 18 years and ensure that children
leaving institutions are provided with appropriate support;
(f)
Ensure that alternative care institutions are provided with the necessary
human, technical and financial resources for the proper care of children; and
(g)
Children.
Harmonize its legislation with the Guidelines for the Alternative Care of
Adoption
56.
The Committee expresses concern about disrespect of the provisions of the Law No.
9695 on Adoption Procedures and the Albanian Adoption Committee, adopted in March
2007, concerning periodic reporting on the situation of children in institutions. The
Committee is particularly concerned by the considerable delays by the institutions in
declaring a child abandoned and by the judges in conducting adoption proceedings, as a
result of which children are kept for years in orphanages although biological parents have
released the child and new parents have been found. The Committee is also concerned that:
(a)
weight;
The views of children who have not attained 10 years are not given due
(b)
There is no legal obligation in the Family Code to inform and provide counsel
to biological parents;
(c)
The definition of “evident lack of interest on the part of parents” contained in
article 250 of the Family Code – which is used to determine the adoptability of a child –
remains vaguely defined; and
(d)
Procedures to be followed by the Albanian Adoption Committee have not yet
been established.
57.
The Committee urges the State party to review adoption rules and procedures
in order to:
(a)
Ensure that abandoned children under the age of 10 years have the right
to be heard in adoption proceedings and that their views are given due weight in
accordance with their age and maturity;
(b)
Clearly establish the right of biological parents to be properly informed
and counselled;
13