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Comparison with Related International Human Rights Instruments

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Chapter Summary

The specific field covered by Article 20 is dealt with in few other international instruments and even then, overall, in very little detail. Apart from the 1986 Declaration, there are various human rights instruments whose scope also covers the specific situation and rights of children without parental care. The applicable best interests clause in the UN Convention on the Rights of the Child (CRC), however, considers the best interests of the child only as 'a primary consideration'. Coupled with the provisions of Article 20, thus, the CRC's interpretation of the child's best interests does not prioritize them. Apart from general human rights provisions, some of which protect the rights of children without parental care, there are special standards applying to specific groups who can be defined as children 'deprived of their family environment'.

Keywords: 1986 Declaration; Article 20; CRC; family environment; human rights instruments; parental care

10.1163/ej.9789004148734.i-68.12
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