CRC/C/ERI/CO/3
page 9
Children without parental care
44.
The Committee while noting as positive the efforts by the State party to prioritize
alternative care for children in a community setting and reduce the number of children in
institutions. However, the Committee remains concerned over the lack of accurate data on the
number of affected children and over the high number of orphans, including HIV/AIDS orphans
as well as refugee and displaced children, in relation to the measures and resources available to
them.
45.
The Committee recommends that the State party, while taking into account the
recommendations issued by the Committee following its day of general discussion on
children without parental care, held on 16 September 2005, undertake the necessary
measures to protect the rights of children without parental care and address their needs
with a focus on, inter alia:
(a) Improved assistance to extended families who care for children of parents
who have died of AIDS and for child-headed households;
(b) Further promotion of and support for family-type and community based
forms of alternative care for children deprived of parental care, in order to reduce the
dependence on institutional care;
(c) Providing training for staff in alternative care settings and access to
complaints mechanisms for the children;
(d) Adequate monitoring of alternative care facilities on the basis of established
regulations;
(e) Continued reunification with their birth family when appropriate for
children receiving alternative care.
Adoption
46.
The Committee notes as positive that domestic adoptions are given priority and the
intention of the State party to ensure that legislation relating to adoption is brought into
conformity with the Convention. The Committee however regrets the lack of information and
data in relation to adoptions.
47.
The Committee recommends that the State party evaluate its adoption practices
and enact legislation in accordance with the best interest of the child and articles 20,
paragraph 3, and 21 of the Convention. The Committee also recommends the State party to
consolidate its data collection system and provide more information on domestic and intercountry adoptions. Furthermore, the Committee recommends that the State party ratify
the 1993 Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption in order to avoid the sale of children through illegal adoptions.