working with children. In other words, a process of awareness and education must be
considered in order to ensure compliance with the statutory provision.
CHAPTER 4: FAMILY ENVIRONMENT AND ALTERNATIVE CARE (articles 20,
20.1, 19.2 and 3.25.25.2, 18.3, 24.16 and 27).
The Committee's observations on the family environment and alternative care cover four
areas of concern, namely:
- The family environment;
- Alternative care;
- Adoption
- Child victims of abuse and neglect;
Family environment
Every child needs and has the right to live in an undisturbed or non-disruptive family
environment, which is protecting and fulfilling for proper a socialisation and psychological
and intellectual harmonious development. The loss of one or both biological parents and
living with one of the parents or with other non-biological parents (especially at a young age less than 5 years-) offers no guarantee of development in a supportive environment. The
status of total orphan at a very young age weakens the more. All approaches (traditional or
purely legal) take this onto account. The first strategy develops, automatically redress
mechanisms for internal solutions of substitution or replacement. The second expects
complaint before the Children's Court to decide. The two are complementary and have the
same understanding of parental responsibility, as stated in Article 47, namely "the parents
have an obligation to maintain and raise their children. The child is under their authority and
that authority is required to ensure his/her protection, guardianship, especially to determine
his/her residence, to provide for his/her learning process, his/her maintenance, his/her
education and his/her health. Parents must ensure that during their temporary absence,
someone they trust takes the child into care. »
The DHS II 2011/12 confirms a social reality made of united families and separation, through
the review of the child's situation and his/her home with his/her parents.
According to the results of the EDS II 2011/12, 57.7% of children under 15 years and a little
less (54.7%) for children below 18 years, live with both biological parents. Even toddlers of
0-2 years old recorded a rate of 72.6%. The more we advance in age, the less children are
likely to live with their biological parents, 64.8% for children aged 2 to 4 years; 56.9% for
those of 5 to 9 years and 43.4% for those of 10 to 14 years.
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