against her or his will unless “competent authorities
subject to judicial review determine, in accordance with
applicable law and procedures, that such separation is
necessary for the best interests of the child”.210 Separation should be avoided not only from biological parents,
but also any person holding custody rights, legal or
customary primary caregivers, foster parents and
persons with whom the child has a strong personal relationship.211
basic concern.215 States are encouraged to respect the
primary
responsibility of parents, mothers and
fathers. States are urged to take all necessary steps to
ensure that parents are capable of taking such primary
responsibility for their children.216 Overall goals should
include minimizing the number of children who require
institutional or other forms of long-term care, and to
those limited situations in which it is judged to be in the
child’s best interests.217
111.
Separation from parents or primary
caregivers has potentially serious implications on
children, including on their right to development.212 It
is especially so for young children, who are especially
vulnerable to adverse consequences because of their
physical dependence on and emotional attachment
to such individuals. Young children’s limited ability to
comprehend the circumstances of any separation also
increases their vulnerability.213
114.
Before resorting to separation as the last
measure when there are no less intrusive measures
to protect a child, States must provide support to the
parents so that they can reassume their parental
responsibilities and restore or enhance the family’s
capacity to take care of the child.218
112.
Given the gravity of the impact on the child of
separation from his or her parents, such separation
should occur only as a last resort, when there are no
less intrusive measures to protect the child.214
When separation is considered to be in the best
interests of the child
113.
The Convention on the Rights of the Child reaffirms that parents or legal guardians have the primary
responsibility for promoting their child’s development
and well-being, with the child’s best interests as their
115.
Separation of a child from her or his
parents should be considered only when there are
reasonable grounds to believe that a child is, or is
likely to be, exposed to severe abuse or neglect by parents.219 The abuse or neglect of a child that may require
separation has been interpreted to entail “mental violence”, a form of abuse that includes scaring or threatening a child.220 When there are such grounds, the situation of the child and his or her family has to be assessed,
where possible, by a multidisciplinary team of welltrained child-protection professionals with appropriate
210 Convention on the Rights of the Child (1989), art. 9(1).
215 Committee on the Rights of the Child, general comment
No. 7 (2005), para. 18, citing the Convention on the Rights of
the Child (1989), arts. 18.1 and 27.2.
Supporting parental role
211 Committee on the Rights of the Child, general comment
No. 14 (2013), para. 60
216 Ibid., para. 18.
217 Ibid.
212 Committee on the Rights of the Child, general comment
No. 7 (2005) on implementing child rights in early childhood,
para. 36.
218 Committee on the Rights of the Child, general comment
No. 14 (2013), para. 61.
213 Ibid., para. 18.
219 Convention on the Rights of the Child (1989), art. 9(1).
214 Committee on the Rights of the Child, general comment
No. 14 (2013), para. 61.
220 Committee on the Rights of the Child, general comment
No. 13 (2011), paras. 21(a)-(b)
52.