"SEPARATION FROM PARENTS" [2019] ELECD 2686; in Vandenhole, Wouter; Erdem Turkelli, Gamze; Lembrechts, Sara (eds), "Children's Rights" (Edward Elgar Publishing, 2019) 112

Book Title: Children’s Rights

Editor(s): Vandenhole, Wouter; Erdem Türkelli, Gamze; Lembrechts, Sara

Publisher: Edward Elgar Publishing

Section: ARTICLE 9

Section Title: SEPARATION FROM PARENTS

Number of pages: 12

Abstract/Description:

This chapter provides commentary on art. 9 of the CRC on separation from parents. The chapter addresses the protection of family unity and prevention of separation in relation to the child’s right to live and have contact with their parents, unless this is not in their best interests. The chapter focuses on the delicate balancing exercise for states between, on the one hand, children’s right to grow up in a family environment without state interference, and, on the other hand, protecting children and young people from parental harm or family violence. Both the substantive and the procedural dimension of this right are explored, with specific attention to children of divorced parents.