CRC/C/15/Add.196
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(b)
Promote the family as the best environment for the child, through
counselling and community-based programmes as well as financial support to assist
parents in raising children at home;
(c)
Continue to increase and strengthen foster care, family-type foster homes
and other family-based alternative care;
(d)
Place children in institutions only as a measure of last resort;
(e)
Take all necessary measures to improve standards and conditions in
institutions;
(f)
Ensure that children in institutions enjoy all the rights set forth in the
Convention, including the right to maintain personal relationships and direct contact with
their parents and families on a regular basis;
(g)
workers;
Provide support and training for personnel in institutions, including social
(h)
Establish effective mechanisms for complaints from children in care and for
monitoring standards of care and establish efficient regular periodic review of placement,
taking into account the best interests of the child;
(i)
Provide adequate follow-up and reintegration services for children who leave
institutional care.
Family reunification
34.
The Committee welcomes the judgement pronounced in May 2000 by the National
Court of the Estonian Republic, which deemed unconstitutional the refusal of a
residence permit application for the purposes of family reunification on the grounds that it
exceeds the immigration quota. The Committee is concerned that article 5, paragraph 3, of
the 1997 Refugee Act does not guarantee family reunification because it requires a dependent
refugee spouse and dependent children outside Estonia to meet the criteria of the 1951 Refugee
Convention even after the principal applicant has met the criteria. Further, the Committee is
concerned that there are no legal provisions which make it possible for family members to
reunite with a child who has been recognized as a refugee.
35.
In accordance with article 10 of the Convention, the Committee recommends that
the State party ensure:
(a)
That the provisions of the Aliens Act reflect the decision of the National
Court and are implemented;
(b)
That the Refugee Act is amended to ensure that the right to family
reunification shall be dealt with by the State party in a positive, humane and expeditious
manner.