International Guidelines for the Alternative Care of Children

Policy orientations for children aged 0-3

Nigel CantwellInternational Consultant on Child Protection Policies

Ministerial Conference – Sofia – 21-22 November 2012

Key features of the Guidelines The Guidelines (UNGA consensus, 2009):

give policy orientations for implementing the CRC,

for governments but also for decision-makers, service providers and other actors in the field of child protection and alternative care,

aim to ensure that alternative care is used only when strictly necessary, and

if so, in the most suitable setting responding to the situation and needs of the child concerned,

emphasising case-by-case responses grounded in participation and best interests determination.

Guidelines on ‘children under 3’ [1]

§ 22 on ‘young children’ ‘In accordance with the predominant

opinion of experts…’ Cf. ‘Riyadh Guidelines’ 5.f

‘… alternative care for young children […] should be provided in family-based settings…’

This implicitly excludes not only ‘institutions’ but also residential care settings as a whole

Guidelines on ‘children under 3’ [2]

‘Exceptions […] may be warranted…’ Case-by-case justification required Recourse to residential care if ‘appropriate,

necessary and constructive…’ (§ 21) Durable negative effects are not immediate

‘… to prevent the separation of siblings…’ ‘… placement of an emergency nature…’ ‘… predetermined, very limited duration…’ ‘… planned family reintegration or other

appropriate long-term solution…’ foreseen.

Issues arising Context: a strategy to deinstitutionalise the system,

not the children in it (§ 23) – resource allocation Ensuring a ‘range of alternative care options’ (primarily

family-based but including appropriate forms of residential care): vital (§ 53, 54), but also…

… emphasis on preventive, family-strengthening and support services, plus gatekeeping, to avoid the real or perceived need for care placements (§ 32-52)

Poverty alone cannot justify placement in alternative care (§ 15) Children with disabilities and other special needs

CRC Art. 23 + CRPD Art. 7: ‘full enjoyment of all human rights’

As with the CRC, need to see Guidelines as a whole.