CRC/C/SLV/CO/3-4
Children deprived of a family environment
48.
The Committee notes that, according to the State party’s legislation, in cases of
family separation, the child will be temporarily entrusted to a foster family, the latter being
part of his extended family or an external family. Only in exceptional cases, the law
provides for possibility of resorting to institutional care, for the shortest possible duration,
which must be reviewed periodically: every six months in cases of foster care, and every
three months in cases of institutional placement. However, the Committee regrets that,
despite the efforts aimed at reducing the number of children separated from their parents
who are placed in public and private institutions and care centres, their number is still quite
high, mainly due to a practice of institutionalization still widely prevalent in the country.
The Committee is also concerned that there are allegations of ill-treatment in some of these
centres and that others are reported to function without the necessary legal authorization.
49.
The Committee recommends that the State party:
(a)
Revise its legislation and programmes on alternative care, taking into
account the Guidelines for the Alternative Care of Children (General Assembly
resolution A/RES/64/142);
(b)
Strengthen its efforts to reduce the number of children placed in
institutions and undertake a study to assess their situation, including their living
conditions, the services provided, the training of professionals therein, and the
compliance with legal and other procedures for the their functioning;
(c)
Investigate all allegations of ill-treatment committed in these centres and
provide children with an effective complaint mechanism;
(d)
Continue to ensure the periodic review of all the circumstances relevant
to the placement of children both in foster and in institutional care;
(e)
poverty.
Ensure that children are not separated from their families only due to
Adoption
50.
The Committee notes that the State party’s legislation specifies that adoptions must
be carried out within the framework provided by applicable international standards
(Convention on the Rights of the Child and The Hague Convention on Protection of
Children and Cooperation in Respect of Inter-country Adoption) but regrets that national
laws (Family Code and Law on Family Procedure) are not in full conformity with these
Conventions. While the Committee welcomes the promotion of national adoptions, it is
concerned that there is a lack of coordination among the different institutions dealing with
national and intercountry adoptions and that there are not yet formally established
administrative procedures for adoption. The Committee is also concerned that the law,
when deciding on prospective adoptive parents, gives priority to foster families (substitute
homes), which in 90 per cent of the cases lead to adoption. It is concerned that sometimes
foster parents are selected as adoptive parents without necessarily going through the whole
regular selection and eligibility process, potentially affecting the best interests of the child.
51.
The Committee recommends that the State party:
(a)
Adjust administrative and judicial procedures in line with the
Convention on the Rights of the Child, its Optional Protocol on the sale of children,
child prostitution and child pornography and The Hague Convention on the
Protection of Children and Cooperation in Respect of Inter-country Adoption in
order to guarantee the rights of the child during the adoption process;
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