Attributes of Article 20

Data is collected and disaggregated by prohibited grounds for discrimination including age, sex, ethnicity, disability, when applicable

 Provision of special protection and assistance

Standards of care

Nature of care

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. The law provides for:

1.1 A childcare and child welfare system including preventative services and a suitable range of family and community based care option in line with the Guidelines for the Alternative Care of Children (A/Res/64/142)

1.2 A care framework entitling child participation in all decisions that affect them

1.3 That poverty, disability, migration status, living and/or working in street situations, emergencies and situations of armed conflict related separation cannot be the only justification for the removal of a child from parental care

1.4 A system of authorisation, registration, regulation and monitoring of all formal alternative care provision for providers of formal care for children in accordance with CRC Art3/3

1.5 The child’s right participatory, multi-disciplinary, professional decision-making processes to guarantee the necessity and suitability of any decisions made regarding the care of children

1.6 The child’s right of appeal against placement decisions

1.7 All forms of violence including corporal punishment is prohibited in all alternative childcare placements

1.8 Timelines/periodicity of the care placements

1.9 That the use of police or other detention cells to accommodate children due to a lack of alternative care facilities is prohibited

1.10 A framework for family reunification decisions that are based on a child rights approach and on a case-by-case basis whether it is appropriate and in the child’s best interest

2. There is a legal and policy framework with criteria and safeguards to prevent unnecessary separation of the child from the family environment, and that includes the child as an active agent in the decision and process of separation and contact with the family.

3. The law requires that institutional care is used as a last resort and a temporary measure, and sets a maximum time limit for institutional care placements.

4. There are anonymous and accessible complaints mechanisms and independent and unannounced checks in State and non-State institutions.

5. The law explicitly considers non-separation of siblings, and the child’s ethnic, religious, cultural and linguistic background for care placement decisions, while ensuring that the child’s best interest remains a primary consideration.

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.

6. There are programmes supporting and facilitating continuity care for the child in family settings (e.g. foster care, adoption, kafala, etc.).

7. Percentage of child protection hearings and guardianship applications that are handled within prescribed time limits and in a child-friendly manner.

8. There are programmes to support children transitioning out of care placement that include education, employment, vocational skills trainings, psychosocial counselling and health care.

9. Number of government-supported short-term care facilities, such as drop-in centres, community centres and night shelters available for children (per 100,000 children).

10. Government support is available and accessible in the form of care services, financial incentives, and the like to families before, during and after the reintegration process.

11. GCRD Government provides and/or supports and supervises training courses for all foster families to ensure they provide good care.

12. There are periodic reviews (every three months) about the quality and setting of care by a competent and impartial designated authority. (Art 25-Ind 11.2)

13. There are periodic reviews (every three months) about the necessity of any placement of children in any form of alternative care. (Art 25-Ind 11.1)

14. The number of spot audits performed annually in alternative care settings, disaggregated by type of care setting.

Outcome

Indicators

refers to a measurable resultant change either in the “rights environment” or directly in lives of children.

15. Number of children entering formal care during a 12-month period per 100,000 child population (disaggregated by sex, age, disability and grounds for care). (Indicator adapted from UNICEF)

16. Rate of foster care per 100,000 child population (disaggregated by sex, age, disability and grounds for care). (Indicator adapted from UNICEF)

17. Rate of adoptions including kafala per 100,000 child population (disaggregated by sex, age, disability and grounds for care). ( Indicator adapted from UNICEF)

18. Rate of residential care (e.g. suitable small-group facilities), large scale institutions or other facility-based options per 100,000 child population (disaggregated by sex, age, disability and grounds for care).

19. Percentage of children in street situations who report having access to a trusted social worker (disaggregated by sex and age).

20. Educational outcomes of children in care placement: (Art 28)

20.1 Percentage achieving required numeracy and literacy rates

20.2 Percentage girls and boys completing secondary education

20.3 Percentage girls and boys who achieve proficiency across a broad range of learning outcomes, including in literacy and in mathematics by end of lower secondary schooling cycle (based on credibly established national benchmarks)

21. Percentage of children in formal care whose placement has been reviewed within the last 3 months. (UNICEF indicator)

22. Proportion of all children under 15 years leaving residential care for a family placement, including reunification, in a 12-month period (disaggregated by sex and age, grounds for care). (Indicator adapted from UNICEF)

23. Number of reported cases of violence and child deaths in formal care during a 12-month period per 100,000 children in formal care (by sex and age, disability, grounds for care, and type of violence). (UNICEF indicator)

24. GCRD Number of reviews made and psychosocial and financial support provided for children who matured out of care placement per 100,000 children matured out from formal care.

25. The number of children without parental care disaggregated by cause. (CRC Committee Reporting Guide)