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Attributes of Article 9 |
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Data is collected and disaggregated by prohibited grounds for discrimination including age, sex, ethnicity, disability, when applicable |
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No separation from parents unless necessary in child’s best interests |
No separation from parents without due process before competent authorities |
Right to maintain contact and relations with parents if separated |
Right to be informed of whereabouts of parent or child if detained |
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Structural Indicators as an indication of commitment to take action, refers to the existence of institutions and policies and laws aligned with the international child rights laws and for the realisation of children’s rights. |
1. Child’s Article 9 rights are explicitly protected by law in the statute regulating the circumstances in which a child may be removed from their parent’s care. 2. Remedies exist before the Principles Relating to the Status of National Institutions (Paris Principles) based national human rights institutions (NHRI) or child rights based institutions and courts to ensure that children removed from their parents’ care as a measure of last resort: 2.1 Have access to advocacy services and information to allow them to defend their rights 2.2 Have the benefit of independent legal representation 2.3 Are provided with appropriate alternate care environments in a family setting 2.4 Are provided opportunities to associate among themselves and have their voices heard individually and collectively in matters which affect them 2.5 Are monitored as to their progress and development through appropriate means of data collection and reporting 2.6 That they can have any complaints or barriers to accessing services addressed in an effective child-friendly manner 3. A national strategy to protect children’s rights in respect of separation and continued contact with parents, with a clear time frame for implementation, is in place. |
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Process Indicators refers generally to efforts made and actions taken, following on from commitment, and thus to specific activities, resources and/or initiatives in pursuit of rights’ realisation |
4. Percentage of child rights complaints and referrals to domestic courts or to specialized human rights institutions, Child Advocate and Children’s Commissioner’s Offices that deal with matters of children separated from their parents. |
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5. Percentage of potential removal of guardianship cases that are diverted and addressed through child and family participative alternate care case conferencing. 6. Existence of assessment and review mechanisms to ensure that legal representation for separated children is both empowering and operates in their best interests. |
7. Percentage of placement decisions where views of the child are effectively deposed and given due consideration. |
8. Rate of supervised access and family visits by sector of child/parent separation: in child protection, in kinship care or open adoption settings, in child and adult criminal justice, in addictions and psychiatric care, or immigration detention settings. |
9. Percentage of missing child reports and percentage of missing person reports involving parents of minor children. |
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Outcome Indicators refers to a measurable resultant change either in the “rights environment” or directly in lives of children. |
10. Percentage of child protection files that end with permanent removal orders. |
11. GCRD Percentage of children separated from parents who believe that their voices were heard and considered. |
12. Percentage of children of detained parents who report feeling supported and adequately informed through the period of separation. |
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13. GCRD Percentage of children separated from one or both parents who report being satisfied with the amount of time spent with their family. |
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