CRC/C/15/Add.201
page 10
Alternative care
44.
The Committee notes the adoption of the Act of Residential Care in 2002 (EPS 16), but is
concerned that it has not addressed the full range of rights covered by the Convention. The
Committee also notes that children may be placed in institutions under the jurisdiction of three
different ministries and that a court may order reformative (preventive) upbringing of a child
below the age of 15, which means in practice that such a child will be placed in the same
institution as juvenile delinquents. The Committee welcomes the policy of deinstitutionalization,
but remains deeply concerned by the increasing number of children placed in institutions by
preliminary injunction and at the frequent use of this special measure, which can be revoked only
after a lengthy and complex procedure. Furthermore, the Committee is concerned that the
general principles of the Convention are not always observed in such situations and that:
(a)
Institutional responses to providing assistance to children in difficulty are
predominantly used and a disproportionately large number of children are placed in a residential
institutional care environment;
(b)
Temporary measures may be extended for lengthy periods and that there are no
regulations for review of placement;
(c)
Children are often placed at significant distances from parents, who, in turn, may
not be aware of their visiting rights; punitive measures such as limitation of phone calls or
meetings with parents may also be used;
(d)
Contacts with parents are sometimes made conditional upon the behaviour of
children in care;
(e)
The conditions and treatment of children in some institutions may not be provided
in a manner consistent with the evolving capacities of the child and the obligation to ensure his
or her survival and development to the maximum extent possible;
(f)
Institutions are large and an individual approach to each child is lacking, child
participation is minimal, and treatment in some institutions (such as diagnostic institutions) may
have undesirable effects.
45.
The Committee recommends that the State party:
(a)
Establish or strengthen, at the local level, the mechanism for alternative care
within the system of social welfare and take effective measures to facilitate, increase and
strengthen foster care, family-type foster homes and other family-based alternative care
and correspondingly decrease institutional care as a form of alternative care;
(b)
Take effective measures to strengthen preventive efforts aimed at reducing
the number of children deprived of a family environment due to social problems or in other
crisis situations, and ensure that placement in an institution is for the shortest time
possible, subject to regular review in accordance with article 25;