Article: 5 Parental guidance and the child's evolving capacities
 
 
 

	Yes	Yes But	No
General measures of implementation Have appropriate general measures of implementation been taken in relation to article 5 including identification and coordination of the responsible departments and agencies at all levels of government (article 5 will be particularly relevant to departments concerned with family law and family support)?  identification of relevant non-governmental organizations/civil society partners?  a comprehensive review to ensure that all legislation, policy and practice is compatible with the article, for all children in all parts of the jurisdiction?  adoption of a strategy to secure full implementation  which includes where necessary the identification of goals and indicators of progress?  which does not affect any provisions which are more conducive to the rights of the child?  which recognizes other relevant international standards?  which involves where necessary international cooperation? (Such measures may be part of an overall governmental strategy for implementing the Convention as a whole.) budgetary analysis and allocation of necessary resources?  development of mechanisms for monitoring and evaluation?  making the implications of article 5 widely known to adults and children?  development of appropriate training and awareness-raising (in relation to article 5, likely to include training of all those working with and for families, education for parenting)? Specific issues in implementing article 5 Does the definition of "family" for the purposes of the realization of the rights of the child correspond with the flexible definition of the Convention?  Is there a detailed legal definition of parental responsibilities, duties and rights?  Has such a definition been reviewed to ensure compatibility with the principles and provisions of the Convention?  Does legislation ensure that direction and guidance provided by parents to their children is in conformity with the principles and provisions of the Convention?  Are the evolving capacities of the child appropriately respected in the Constitution and in legislation?  Is there a general principle that once a child has acquired "sufficient understanding" in relation to a particular decision on an important matter, he or she is entitled to make the decision for him/herself?  Are information campaigns/education programmes on child development, the evolving capacities of children, etc. available to parents, other caregivers and children, and to those who support them?  Have these campaigns/programmes been evaluated?				Go to the main page for article 5, Parental guidance Jump to indicators for these articles: Separation from parents (9)  Family reunification (10)  Illicit transfer and non-return (11) Parental responsibilities (18)  Abuse and neglect (19)  Family environment and alternative care (20)  Adoption (21) Periodic review of treatment (25) Standard of living (27) Rehabilitative care (39) To view indicators for other articles, click here.

Article: 9 Separation from parents
 
 
 

	Yes	Yes But	No
General measures of implementation Have appropriate general measures of implementation been taken in relation to article 9 including identification and coordination of the responsible departments and agencies at all levels of government (article 9 is relevant to the departments of justice (criminal and civil), social welfare, health and education)?  identification of relevant non-governmental organizations/civil society partners?  a comprehensive review to ensure that all legislation, policy and practice is compatible with the article, for all children in all parts of the jurisdiction?  adoption of a strategy to secure full implementation  which includes where necessary the identification of goals and indicators of progress?  which does not affect any provisions which are more conducive to the rights of the child?  which recognizes other relevant international standards?  which involves where necessary international cooperation? (Such measures may be part of an overall governmental strategy for implementing the Convention as a whole.) budgetary analysis and allocation of necessary resources?  development of mechanisms for monitoring and evaluation?  making the implications of article 9 widely known to adults and children?  development of appropriate training and awareness-raising (in relation to article 9, likely to include the training of the judiciary, lawyers, social workers, hospital staff and those working in the juvenile justice and immigration systems)? Specific issues in implementing article 9  Does the State ensure that parents and children are separated against their will by State authorities only when it is necessary to protect the best interests of the child?  Does domestic law enable judicial intervention on behalf of the child when there is disagreement between the parents and the child as to the child's place of residence or as to access to the child by a parent?  Does the State ensure that contact between parents and children in institutions (such as children's homes or boarding schools) or placements (such as fostercare or respite care for disabled children) is maintained to the maximum extent compatible with the child's best interests?  Do programmes for those children living or working on the streets respect the child's right not to be separated from his or her parents unless it is necessary for his or her best interests?  Are hospitals required or encouraged to make arrangements for parents to be with their children in hospital whenever practicable?  Does the criminal justice system have regard for the need for mothers not to be separated from their babies?  Does the criminal justice system have regard for the need for parents not to be separated from their children?  Does the criminal justice system ensure that juvenile offenders are not separated from their parents except where competent authorities have determined it is necessary for the best interests of the offender?  Do laws and procedures governing the deporting of parents under immigration law pay regard to the child's right not to be separated from his or her parents unless necessary for his or her best interests?  Do provisions for the family reunification of immigrants and refugees pay regard to the child's rights not to be separated from parents unless necessary for his or her best interests?  In times of armed conflict, are forced relocations of civilian populations avoided and all measures adopted for tracing and reuniting children and parents separated by these events?  Are measures taken by the State (for example through public education campaigns) to combat traditional customs that separate parents and children unnecessarily?  Does the State provide practical or psychological assistance to families in order to prevent unnecessary separation of parents and children?  Are all laws specifying the grounds justifying the State is separating children from parents free from discrimination (for example, in relation to families living in poverty or ethnic minority families)?  Are all laws specifying the grounds justifying separation from parents free from dogma as to children's best interests (for example, that children are better off with their fathers than their mothers or vice versa)?  Are all decisions that hold separation from parents necessary for the child's best interests made by authorities competent to determine what these best interests are?  Do these authorities have access to all relevant information in this determination?  Are these decisions subject to judicial review?  Are these cases dealt with speedily?  Are children's rights to privacy safeguarded in such cases?  Are all relevant people, including the child, able to participate and be heard by those determining these cases?  Are there no age limits on the right of the child to participate or be heard?  Are the child's views heard if he or she disagrees with the professionals reporting to the court on his or her best interests?  Are the proceedings impartial and fair?  Does the law enshrine the principle that children should, whenever possible, have regular contact with both their parents?  Is practical assistance given to ensure contact is maintained in cases where parents are in conflict?  Does the State provide practical assistance in discovering the whereabouts of parents and children who, for whatever reason, have become separated?  Unless detrimental to children's well-being, are children and parents (and other family members, if appropriate) always informed of the whereabouts of the other in circumstances where they have become separated because of an action of the State (for example, detention, imprisonment, exile or death)?  Are those requesting such information protected from adverse consequences?				Go to the main page for article 9, Separation from parents Jump to indicators for these articles: Parental guidance (5) Family reunification (10)  Illicit transfer and non-return (11) Parental responsibilities (18)  Abuse and neglect (19)  Family environment and alternative care (20)  Adoption (21) Periodic review of treatment (25) Standard of living (27) Rehabilitative care (39) To view indicators for other articles, click here.

 

Article: 10 Entering or leaving countries for family reunification
 
 
 

	Yes	Yes But	No
General measures of implementation Have appropriate general measures of implementation been taken in relation to article 10 including identification and coordination of the responsible departments and agencies at all levels of government (article 10 is relevant to the departments of home affairs, foreign affairs, justice and social welfare)?  identification of relevant non-governmental organizations/civil society partners?  a comprehensive review to ensure that all legislation, policy and practice is compatible with the article, for all children in all parts of the jurisdiction?  adoption of a strategy to secure full implementation  which includes where necessary the identification of goals and indicators of progress?  which does not affect any provisions which are more conducive to the rights of the child?  which recognizes other relevant international standards?  which involves where necessary international cooperation? (Such measures may be part of an overall governmental strategy for implementing the Convention as a whole.) budgetary analysis and allocation of necessary resources?  development of mechanisms for monitoring and evaluation?  making the implications of article 10 widely known to adults and children?  development of appropriate training and awareness-raising (in relation to article 10, likely to include the judiciary, immigration officers and social workers)? Specific issues in implementing article 10 Are all applications by parents or children for entry to or exit from the country for the purposes of family reunification dealt with in a  positive manner?  humane manner? Are all such applications dealt with as quickly as possible?  Are children and families involved in these applications treated with respect?  Are requests by parents or children not to be deported dealt with in a positive and human manner?  Does the State recognize the right to family reunification of children who are resident in the country but do not have nationality status or official leave to remain?  Are the views of children taken into account when decisions relating to family reunification are made?  Are applicants and their family members protected from any adverse consequences from making a request to enter or leave the country for family reunification purposes?  Are children permitted entry to the country and/or permission to leave the country in order to visit a parent?  Are parents permitted entry to the country and/or permission to leave the country in order to visit a child?  Subject to the limitations listed in article 10(2), are parents and children entitled to leave the country?  Are parents and children always entitled to enter their own country?  Has the State ratified the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families?				Go to the main page for article 10, Family reunification Jump to indicators for these articles: Parental guidance (5)  Separation from parents (9) Illicit transfer and non-return (11) Parental responsibilities (18)  Abuse and neglect (19)  Family environment and alternative care (20)  Adoption (21) Periodic review of treatment (25) Standard of living (27) Rehabilitative care (39) To view indicators for other articles, click here.

 

Article: 11 Illicit transfer and non-return of children abroad
 
 
 

	Yes	Yes But	No
General measures of implementation Have appropriate general measures of implementation been taken in relation to article 11 including identification and coordination of the responsible departments and agencies at all levels of government (article 11 is relevant to departments of home affairs, foreign affairs, justice, social welfare and social security)?  identification of relevant non-governmental organizations/civil society partners?  a comprehensive review to ensure that all legislation, policy and practice is compatible with the article, for all children in all parts of the jurisdiction?  adoption of a strategy to secure full implementation  which includes where necessary the identification of goals and indicators of progress?  which does not affect any provisions which are more conducive to the rights of the child?  which recognizes other relevant international standards?  which involves where necessary international cooperation? (Such measures may be part of an overall governmental strategy for implementing the Convention as a whole.) budgetary analysis and allocation of necessary resources?  development of mechanisms for monitoring and evaluation?  making the implications of article 11 widely known to adults and children?  development of appropriate training and awareness-raising (in relation to article 11, likely to include the judiciary, social workers, border officials and the police)? Specific issues in implementing article 11 Has the State ratified the Hague Convention on the Civil Aspects of International Child Abduction?  Has the State ratified or acceded to any regional agreements relating to child abduction?  Is the judiciary fully acquainted with the Hague Convention’s provisions?  Are effective methods in place to prevent a child from being abducted (e.g. border checks, court orders, confiscation of passports)?  Are parents and children given financial assistance where necessary to exercise their rights under this article and any multilateral agreements?  Are State institutions empowered to release information that will help to trace the whereabouts of abducted children?				Go to the main page for article 11, Illicit transfer and non-return Jump to indicators for these articles: Parental guidance (5)  Separation from parents (9) Family reunification (10) Parental responsibilities (18)  Abuse and neglect (19)  Family environment and alternative care (20)  Adoption (21) Periodic review of treatment (25) Standard of living (27) Rehabilitative care (39) To view indicators for other articles, click here.

 

Article: 18 Parents' joint responsibilities assisted by the State
 
 
 

	Yes	Yes But	No
General measures of implementation Have appropriate general measures of implementation been taken in relation to article 18 including identification and coordination of the responsible departments and agencies at all levels of government (article 18 is relevant to the departments of tax and finance, social security, social welfare, employment and education)?  identification of relevant non-governmental organizations/civil society partners?  a comprehensive review to ensure that all legislation, policy and practice is compatible with the article, for all children in all parts of the jurisdiction?  adoption of a strategy to secure full implementation  which includes where necessary the identification of goals and indicators of progress?  which does not affect any provisions which are more conducive to the rights of the child?  which recognizes other relevant international standards?  which involves where necessary international cooperation? (Such measures may be part of an overall governmental strategy for implementing the Convention as a whole.) budgetary analysis and allocation of necessary resources?  development of mechanisms for monitoring and evaluation?  making the implications of article 18 widely known to adults and children?  development of appropriate training and awareness-raising (in relation to article 18, likely to include the training of social workers, child guidance staff, community workers, social security officers and those engaged in parent education)? Specific issues in implementing article 18 Does legislation support parents’ primacy of responsibility for children’s upbringing and development?  Is parental responsibility defined in legislation?  Does legislation make clear that the exercise of parental responsibility has the best interests of the child as its basic concern?  Are parents provided with education programmes on the exercise of their responsibilities?  Are laws, administrative systems, tax and welfare measures and public education aimed at supporting both parents’ common responsibilities for, and active participation in, their child’s upbringing?  Does the law enable fathers of children born outside marriage to assume parental rights and responsibilities (compatible with the child’s best interests)?  Is there a presumption in law that children’s best interests, unless proved to the contrary, are in maintaining contact with both parents?  When parents separate, does legislation ensure that the grounds for allocating parental responsibility are based on the individual child’s best interests? Are all parents provided with the following assistance where necessary: financial support?  housing?  appropriate child-care equipment?  day care and respite care?  advice and counseling?  Is good quality day care available for all working parents?  Are parents of disabled children provided with appropriate additional forms of assistance?  Are disabled parents provided with appropriate additional forms of assistance?  Are mothers entitled to maternity leave?  Are fathers entitled to paternity leave?  Are parents entitled to take leave if their child is sick?  Does the State pay for parental leave where necessary?  Does the State encourage employment conditions which assist working parents in the exercise of their parental responsibilities?				Go to the main page for article 18, Parental responsibilities Jump to indicators for these articles: Parental guidance (5)  Separation from parents (9)  Family reunification (10)  Illicit transfer and non-return (11) Abuse and neglect (19)  Family environment and alternative care (20)  Adoption (21) Periodic review of treatment (25) Standard of living (27) Rehabilitative care (39) To view indicators for other articles, click here.

 

 Article: 19 Child's right to protection from all forms of violence
 
 
 

	Yes	Yes But	No
General measures of implementation Have appropriate general measures of implementation been taken in relation to article 19 including identification and coordination of the responsible departments and agencies at all levels of government (article 19 is relevant to departments of social welfare, justice, health, education)?  identification of relevant non-governmental organizations/civil society partners?  a comprehensive review to ensure that all legislation, policy and practice is compatible with the article, for all children in all parts of the jurisdiction?  adoption of a strategy to secure full implementation  which includes where necessary the identification of goals and indicators of progress?  which does not affect any provisions which are more conducive to the rights of the child?  which recognizes other relevant international standards?  which involves where necessary international cooperation? (Such measures may be part of an overall governmental strategy for implementing the Convention as a whole.) budgetary analysis and allocation of necessary resources?  development of mechanisms for monitoring and evaluation?  making the implications of article 19 widely known to adults and children?  development of appropriate training and awareness-raising (in relation to article 19, likely to include the training of all those working in child protection or with or for children and their families, and in parenting education)? Specific issues in implementing article 19 Does legislation in the State protect children from all forms of physical or mental violence?  Are there no exceptions or defences available to parents or others in relation to assaults on children?  Does legislation protect all children from any form of corporal punishment  in the home in schools state run?  private? in child-care institutions state run?  private?  in foster care?  in other forms of alternative care? in day care institutions state run?  private?  other arrangements (e.g. childminding etc.)? in the penal system as a sentence of the courts?  as a punishment in penal institutions? Does legislation, policy and practice protect all children from ill-treatment and violence, including violence by other children, in schools and all other institutions?  traditional practices involving physical or mental violence, or prejudicial to health?  Has the State taken appropriate measures to prevent all forms of violence to children? Has the State taken appropriate educational and other measures to promote positive, non-violent forms of discipline and treatment in the family?  in alternative care?  in all institutions which include children? Do all children in the State have access to effective complaints procedures in relation to ill-treatment while in the care of parents or others legally responsible for them?  in all forms of alternative care?  in all institutions including schools and custodial institutions?  In cases of ill-treatment, do children have a right to appropriate remedies, including, for example, compensation? Does legislation in the State require the reporting of all forms of violence and abuse of children to appropriate bodies by certain professional groups?  by all citizens? Have any reporting arrangements/ requirements been reviewed in the light of the Convention’s principles, including article 12 (respect for the views of the child) and article 16 (the child’s right to privacy)?  Has the State established effective systems for  identification of violence, abuse, etc.?  reporting?  referral?  investigation?  treatment and follow-up?  appropriate judicial involvement?  Has the State taken particular measures to identify and respond to sexual abuse within the family and in institutions?  Has the State ensured that the principle of respect for the views of the child is observed in child protection procedures and practice?  Has the State taken special measures to encourage responsible reporting of child abuse by the mass media?  Has the State established or supported confidential helplines, advice or counselling for child victims of violence, abuse or neglect?				Go to the main page for article 19, Abuse and neglect Jump to indicators for these articles: Parental guidance (5)  Separation from parents (9)  Family reunification (10)  Illicit transfer and non-return (11) Parental responsibilities (18) Family environment and alternative care (20)  Adoption (21) Periodic review of treatment (25) Standard of living (27) Rehabilitative care (39) To view indicators for other articles, click here.

 

 Article: 20 Children deprived of their family environment
 
 
 

	Yes	Yes But	No
General measures of implementation Have appropriate general measures of implementation been taken in relation to article 20 including identification and coordination of the responsible departments and agencies at all levels of government (article 20 is relevant to the departments of social welfare, education and health)?  identification of relevant non-governmental organizations/civil society partners?  a comprehensive review to ensure that all legislation, policy and practice is compatible with the article, for all children in all parts of the jurisdiction?  adoption of a strategy to secure full implementation  which includes where necessary the identification of goals and indicators of progress?  which does not affect any provisions which are more conducive to the rights of the child?  which recognizes other relevant international standards?  which involves where necessary international cooperation? (Such measures may be part of an overall governmental strategy for implementing the Convention as a whole.) budgetary analysis and allocation of necessary resources?  development of mechanisms for monitoring and evaluation?  making the implications of article 20 widely known to adults and children?  development of appropriate training and awareness-raising (in relation to article 20, likely to include the training of social workers, adoption agency staff, staff of institutions, foster parents, teachers and medical personnel)? Specific issues in implementing article 20 Are parents provided with appropriate support to avoid the need to seek alternative care for the child?  When children cannot be cared for by parents, are systematic efforts made to seek a placement with members of their wider family, with appropriate support where necessary?  Is there a legal obligation on the State to provide appropriate care for children deprived of their family environment?  Are social services able to require assistance from health, education and other professionals in meeting the needs of children without families?  Are those responsible for the placement of children without families appropriately trained? Are the views of children obtained when alternative placements are being considered for them?  alternative placements are chosen?  Alternative placements are being monitored? Are independent complaints systems available to protect children placed away from their family environment?  Are foster parents fully investigated and authorized as appropriate before placement?  Are foster parents recruited and encouraged to care for disabled children?  Are foster parents trained to care for disabled children?  Are foster placements regularly monitored?  Are foster caregivers required to ascertain the views of the child in all matters affecting him or her and to give these views due weight?  Are children placed in institutions only when necessary?  Are institutional placements regularly monitored?  Do all institutions caring for children have sufficient numbers of, and suitably qualified, staff?  Are staff trained to secure children's rights under the Convention?  Do such institutions respect children's human dignity, provide children with as normal a life as possible and take all measures to secure their integration in society? For example, do such institutes prohibit the use of compulsory uniforms?  child labour (which goes beyond normal domestic chores)?  corporal punishment?  restriction of liberty?  the use of drugs for control purposes?  deprivation of food?  deprivation of sleep?  deprivation of contact with families for control purposes? Are such institutions required to ascertain the views of the child in all matters affecting him or her and give these views due weight?  Do all institutions, where possible, accommodate disabled children together with children without disabilities?  Are changes in placements of children avoided if possible?  Do projects for children living and/or working on the streets ensure that the children, where possible, maintain contact with their families and communities? When choosing or supporting a placement, do the social-work authorities pay due regard to the desirability of continuity in the child's upbringing in relation to the child's ethnic background?  the child's religious background?  the child's cultural background?  the child's linguistic background? (for example, by maintaining contact with the child's family, friends and community or, where this is not possible, by making special arrangements).				Go to the main page for article 20, Family environment and alternative care Jump to indicators for these articles: Parental guidance (5)  Separation from parents (9)  Family reunification (10)  Illicit transfer and non-return (11) Parental responsibilities (18)  Abuse and neglect (19) Adoption (21) Periodic review of treatment (25) Standard of living (27) Rehabilitative care (39) To view indicators for other articles, click here.

 

 Article: 21 Adoption
 
 
 

	Yes	Yes But	No
General measures of implementation Have appropriate general measures of implementation been taken in relation to article 21 including identification and coordination of the responsible departments and agencies at all levels of government (article 21 is relevant to the departments of justice, social welfare and foreign affairs)?  identification of relevant non-governmental organizations/civil society partners?  a comprehensive review to ensure that all legislation, policy and practice is compatible with the article, for all children in all parts of the jurisdiction?  adoption of a strategy to secure full implementation  which includes where necessary the identification of goals and indicators of progress?  which does not affect any provisions which are more conducive to the rights of the child?  which recognizes other relevant international standards?  which involves where necessary international cooperation? (Such measures may be part of an overall governmental strategy for implementing the Convention as a whole.) budgetary analysis and allocation of necessary resources?  development of mechanisms for monitoring and evaluation?  making the implications of article 21 widely known to adults and children?  development of appropriate training and awareness-raising (in relation to article 21, likely to include the training of social workers, judiciary, port and border control authorities, adoption agency staff and development of education for adoptive parents)? Specific issues in implementing article 21 Does the State recognize and/or permit a system of adoption of children? If yes: Does legislation and administration ensure that in all adoption proceedings (domestic and intercountry) The best interests of the child are the paramount consideration?  Adoptions are authorized only by competent authorities?  These authorities make their decisions on the basis of all pertinent and reliable information?  Does this information include the ascertainable views of the child?  Are the views of the child given due weight, having regard to age and maturity?  Are the views and best interests of other children affected by a proposed adoption (such as the children of the prospective adopters) considered by the competent authorities?  In this process is due regard paid to the child's right to know and be cared for by his or her parents?  In this process is due regard paid to preservation of the child's identity and the desirability of continuity in the child's background and to the child's ethnic, religious, cultural and linguistic background? Before agreeing to an adoption, must the authorities be satisfied that the adoption is permissible in view of the child's status concerning parents, relatives and legal guardians?  all consents required by law have been given by the persons concerned? Where consents are required by law, are the persons concerned provided with counselling? Do children have a right to consent to an adoption at any age?  at a particular age?  according to age and maturity? Do all children have a right to veto their adoption?  Are all adoption placements monitored and periodically reviewed by the authorities?  Are intercountry adoptions only permitted if the child cannot be placed in a foster or an adoptive family or cannot be cared for in any other suitable manner within the jurisdiction?  Do all children involved in intercountry adoptions (whether leaving or entering the State) enjoy safeguards and standards equivalent to those regulating domestic adoptions?  Do border controls monitor the entry and exit of babies and children travelling with adults who are not their parents?  Is improper financial gain from intercountry adoption prohibited by law?  Has the 1993 Hague Convention on the Protection of Children and Cooperation in respect of Intercountry Adoption been ratified or acceded to?  If yes, have all its provisions relating to law or administrative procedures been implemented?  Have any other bilateral or multilateral treaties relating to adoption been concluded?				Go to the main page for article 21, Adoption Jump to indicators for these articles: Parental guidance (5)  Separation from parents (9)  Family reunification (10)  Illicit transfer and non-return (11) Parental responsibilities (18)  Abuse and neglect (19)  Family environment and alternative care (20) Periodic review of treatment (25) Standard of living (27) Rehabilitative care (39) To view indicators for other articles, click here.

Article: 25 Child's right to periodic review of treatment
 
 
 

	Yes	Yes But	No
General measures of implementation Have appropriate general measures of implementation been taken in relation to article 25 including identification and coordination of the responsible departments and agencies at all levels of government (article 25 is relevant to the departments of justice, social welfare, education and health)?  identification of relevant non-governmental organizations/civil society partners?  a comprehensive review to ensure that all legislation, policy and practice is compatible with the article, for all children in all parts of the jurisdiction?  adoption of a strategy to secure full implementation  which includes where necessary the identification of goals and indicators of progress?  which does not affect any provisions which are more conducive to the rights of the child?  which recognizes other relevant international standards?  which involves where necessary international cooperation? (Such measures may be part of an overall governmental strategy for implementing the Convention as a whole.) budgetary analysis and allocation of necessary resources?  development of mechanisms for monitoring and evaluation?  making the implications of article 25 widely known to adults and children?  development of appropriate training and awareness-raising (in relation to article 25, likely to include the training of social workers, lawyers, judiciary, child advocates, teachers, institutional staff, medical personnel (including mental health))? Specific issues in implementing article 25 Are legal and/or administrative measures adopted to ensure the periodic review of each child who has been: placed for the purposes of care and protection, including foster care?  adoption?  child care institutions?  boarding schools?  prisons and detention centres? and for the treatment of his or her physical or mental health, including hospitals?  health units?  psychiatric wards?  therapeutic centres? Are such reviews required to consider the treatment of the child (including all aspects of his or her care)?  the placement of the child (including whether its continuation is necessary)?  the views of the child (ascertained in private)? Are such reviews at sufficient intervals to secure the child's protection and welfare?				Go to the main page for article 25, Periodic review of treatment Jump to indicators for these articles: Parental guidance (5)  Separation from parents (9)  Family reunification (10)  Illicit transfer and non-return (11) Parental responsibilities (18)  Abuse and neglect (19)  Family environment and alternative care (20)  Adoption (21) Standard of living (27) Rehabilitative care (39) To view indicators for other articles, click here.

 

 Article: 27 Child's right to an adequate standard of living
 
 
 

	Yes	Yes But	No
General measures of implementation Have appropriate general measures of implementation been taken in relation to article 27 including identification and coordination of the responsible departments and agencies at all levels of government (article 27 is relevant to the departments of justice, home affairs, housing and social welfare)?  identification of relevant non-governmental organizations/civil society partners?  a comprehensive review to ensure that all legislation, policy and practice is compatible with the article, for all children in all parts of the jurisdiction?  adoption of a strategy to secure full implementation  which includes where necessary the identification of goals and indicators of progress?  which does not affect any provisions which are more conducive to the rights of the child?  which recognizes other relevant international standards?  which involves where necessary international cooperation? (Such measures may be part of an overall governmental strategy for implementing the Convention as a whole.) budgetary analysis and allocation of necessary resources?  development of mechanisms for monitoring and evaluation?  making the implications of article 27 widely known to adults and children?  development of appropriate training and awareness-raising (in relation to article 27, likely to include the training of community developers, environmental planners, emergency aid personnel, court officers, social workers, health workers and those involved in parent education)? Specific issues in implementing article 27 Has the State identified the minimum standard of living necessary to secure the child's development? Are appropriate measures taken to assist parents and others responsible for the child in securing the conditions of living necessary for the child's physical development?  mental development?  spiritual development?  moral development?  social development? Are measures taken to make parents fully aware of these responsibilities?  Are legal or administrative criteria in place to determine whether parents have the ability and financial capacities to meet their responsibilities?  Are measures and procedures taken in order to identify all children within the State who are in need because their parents are unable to secure adequate standards of living for them?  Are measures adopted to analyze why children's conditions of living are insufficient for their proper development?  Where children are in need, whether with their parents or otherwise, are they provided with necessary material assistance and support programmes to secure their proper development?  Does the State take measures (including budgetary allocations) to ensure that every child is well-nourished? Does the State take measures to ensure that every child is housed in accommodation that is: secure?  well-serviced (particularly as regards water, sanitation and fuel)?  safe?  healthy?  appropriately located (particularly as regards hospitals, schools and recreation)?  in accordance with measures recommended by Habitat II? Are the views of children taken into account when shaping the environment in which they live?  Does the State take measures to ensure that every child is adequately clothed?  Where the State has insufficient resources available to secure an adequate standard of living for all children, do its economic plans include securing such standards as an explicit goal?  Are appropriate applications made for international aid and technical assistance where there are insufficient resources to secure children's standard of living?  Maintenance  Is legislation implemented to ensure that children can recover maintenance from both parents and from any others who have responsibility for their conditions of living?  Does such legislation make the child's best interests a primary or paramount consideration?  Is such legislation simple and cheap for the child or child's caregiver to enforce?  Does it include measures to obtain income or assets from those who default on their maintenance responsibilities?  Has the State acceded to all appropriate international or bilateral agreements and treaties relating to the recovery of maintenance abroad?				Go to the main page for article 27, Standard of living Jump to indicators for these articles: Parental guidance (5)  Separation from parents (9)  Family reunification (10)  Illicit transfer and non-return (11) Parental responsibilities (18)  Abuse and neglect (19)  Family environment and alternative care (20)  Adoption (21)  Periodic review of treatment (25) Rehabilitative care (39) To view indicators for other articles, click here.

Article: 39 Rehabilitation of child victims
 
 
 

	Yes	Yes But	No
General measures of implementation Have appropriate general measures of implementation been taken in relation to article 39, including identification and coordination of the responsible departments and agencies at all levels of government (article 39 is relevant to departments of social welfare, health, employment, justice, defence, foreign affairs)?  identification of relevant non-governmental organizations/civil society partners?  a comprehensive review to ensure that all legislation, policy and practice is compatible with the article, for all children in all parts of the jurisdiction?  adoption of a strategy to secure full implementation  which includes where necessary the identification of goals and indicators of progress?  which does not affect any provisions which are more conducive to the rights of the child?  which recognizes other relevant international standards?  which involves where necessary international cooperation? (Such measures may be a part of an overall governmental strategy for implementing the Convention as a whole.) budgetary analysis and allocation of necessary resources?  development of mechanisms for monitoring and evaluation?  making the implications of article 39 widely known to adults and children?  development of appropriate training and awareness-raising (in relation to article 1 likely to include the training of all those responsible for child protection, teachers, social workers, and health workers)? Specific issues in implementing article 39 Does the State ensure that appropriate rehabilitative measures, consistent with article 39, are taken to promote physical and psychological recovery and social reintegration of all children within its jurisdiction who are victims of any form of neglect?  violence or abuse?  sexual abuse?  sexual exploitation?  drug abuse?  economic exploitation?  sale or trafficking?  torture?  any other form of cruel, inhuman or degrading treatment or punishment?  armed conflicts? Does the State ensure appropriate recovery and social integration for children involved in the juvenile justice system?  Has the State taken appropriate measures to ensure that compensation is available for child victims?  Has the State reviewed the environment in which such recovery and reintegration takes place in each case to ensure that it fosters the health, self-respect and dignity of the child?  Has the State ensured that there is respect for the views of the child victims in planning and implementing programmes for recovery and reintegration, including in individual cases?				Go to the main page for article 39, Rehabilitative care Jump to indicators for these articles: Parental guidance (5)  Separation from parents (9)  Family reunification (10)  Illicit transfer and non-return (11) Parental responsibilities (18)  Abuse and neglect (19)  Family environment and alternative care (20)  Adoption (21)  Periodic review of treatment (25)  Standard of living (27) To view indicators for other articles, click here.