|
B. Early Childhood
-
In addition to what has already been said, the Committee on the Rights of the Child has expressed special concern in regard to the placement of very young children in residential institutions due to the amount of care and attention those children need according to their young age, for their proper physical and psychological development.404 This same concern was expressed by the Independent Expert for the U.N. Study on Violence against Children.405 In the case of children younger than 3 years of age, the U.N. Guidelines for the Alternative Care of Children underscore the importance of their placement in family settings and avoiding residential institutions, due to their special needs and requirements given their age and condition:
In accordance with the predominant opinion of experts, alternative care for young children, especially those under the age of 3 years, should be provided in family-based settings. Exceptions to this principle may be warranted in order to prevent the separation of siblings and in cases where the placement is of an emergency nature or is for a predetermined and very limited duration, with planned family reintegration or other appropriate long-term care solution as its outcome.406
-
The aforementioned limitation of access to information in general, and to data disaggregated by age groups in particular, makes the study of the problem of institutionalization of children at an early age difficult. Nevertheless, the information gathered by the Commission on that subject is not favorable, finding a significant number on infants living in institutions. For instance, in Guatemala, according to the Registry of Institutions, of the 4,666 children in private residential institutions, 555 are younger than 4 years of age.407 Likewise, in Brazil, children between the ages of 0 and 5 account for 24.7% of the children in residential institutions.408 In Uruguay, data from the Children’s Information System, [Sistema de Información para la Infancia] indicates that as of August 22, 2011, 236 children younger than 3 years of age were in residential institutions.409 In the case of Chile, according to the data for July 2011, the number of young children in residential institutions is broken down as follows: between 0 and 1 year of age, 206 children; between 1 and 3 years of age, 674 children; and the total number of children between 0 and 3 years of age living in residential institutions is 880.410
-
The Commission is pleased to note that certain States, as is the case of Uruguay, have adopted legislation establishing the maximum period of time young children can in residential institutions; according to the provisions of Law No. 18.590, children between the ages of 0 and 2, may not remain in an institution longer than 45 days. For children between the ages of 2 and 7, the law establishes a maximum stay of 90 days. The Court and the Commission have expressed the view that age and the passage of time are crucial to the development of emotional bonds, family ties, personality and also shaping the identity of the child, especially in the early years, and, therefore, there is a duty of exceptional diligence since the time factor may cause irreparable damage to the child.411
-
Based on all existing evidence regarding the negative impact of institutionalization on children, during early childhood, especially during the first years of life, with serious and long-lasting consequences for their physical and mental health, the Commission recommends that States limit the institutionalization of very young children to cases in which it is strictly necessary according to the following : the placement is made for a short period of time in response to an emergency situation; the return to the family or to care in a family-based setting is expected in the short term; and when there is a group of siblings in order to keep them together if there is no form of foster care available that would make it possible for them to remain together. In addition, the Commission urges States to develop a strategy to de-institutionalize young children who are living in residential institutions, implementing appropriate measures for the care of children that respect their rights. In that regard, the Commission has learned of certain promising initiatives as, for instance, in Paraguay, where the National Secretariat for Children and Adolescents [Secretaría Nacional de la Niñez y la Adolescencia] has initiated a strategy to de-institutionalize young children.412
-
The Commission recommends that States take all appropriate measures to prevent situations that require or lead to the separation of the child from the family, and, in addition, ensure the applicability of the principle of exceptionality in regard to protection measures implemented that imply placement and stay in institutions. States Parties are encouraged to invest in foster family programs and to provide them the appropriate support as a measure to address those cases in which the child’s family is temporarily unable to care for the child.413
-
These indications do not contradict the fact that, in certain circumstances, admission of a child to a residential care center may be the most appropriate and suitable measure given the particular needs for protection and care of the child as well as serving his/her bests interests. In certain circumstances, the child’s medical condition, the need for specialized treatment, recovery in cases of victims of violence, the urgent need to separate the child from his/her family environment in order to protect his/her personal integrity, the need to keep large groups of siblings together, or other particular circumstances, placing the child in a residential that is structured to provide appropriate care may be the option that serves best his or her interests. This, however, does not eliminate the principle of temporal determination, instead every effort must be made to ensure that placement of the child in a residential is for the shortest period of time possible, pursueing the return of the child to his/her nuclear, extended or foster family or, if reintegration is not possible, seek another solution of a permanent nature.
Do'stlaringiz bilan baham: |
