Risk of children being forcibly removed from their families
By Dr. Abdulaziz Tarekji
Researcher on international human rights violations
4/24/2023
The forcible removal of children from their families poses a great danger to society and to humanity as a whole. Most importantly, it results in the breakup of families and the destruction of the social base, which adversely affects children and society in general.
Governments and communities must therefore work hard to protect children’s and family’s rights and identify the controls and procedures necessary to ensure children are not forcibly removed from their families.
The family is one of the most important institutions of society, providing protection and care to children and helping to build the social and cultural identity of individuals.
However, some children are forcibly removed from their families for various reasons such as “domestic violence”, “poverty”, “racial discrimination” or “religious”.
Children who are forcibly removed from their families have potentially traumatic negative psychological and social effects, feel deprived of family care and family love that cannot be compensated elsewhere, and become more vulnerable after adolescence to violence, exploitation, discrimination, organized crime, and mental health and behavioral problems.
To protect the rights of children and the family, governments must adopt policies and laws that protect the rights and unity of the family before they adopt laws and legislation that contribute to the destruction of families.
“There is much fear of the risk of children being forcibly removed from their families, which is one of the most dangerous practices society can face.”
Children are the real hope of communities, and they are the key to building the future, and no society can be stable and prosperous when children are absent from their original families.
“Children are the most vulnerable victims in legal and social conflicts, where they are at great risk of being forcibly separated from their families – children need the psychological, emotional and social stability that comes from living with their families rather than through shelters or adoption by other families.”
Thus, if children are forcibly removed from their families, this can lead to emotional and psychological disorders in children, which can significantly affect their future.
In this regard, mention is made of the International Convention on the Rights of the Child, which aims to protect children’s rights and preserve family unity and which provides for the legal protection of children living in unhealthy environments or in situations of lack of family care.
At the same time, however, the Convention on the Rights of the Child prohibits the forcible removal of children from their families except in specific cases. After careful examination and evaluation of the situation by specialists, psychologists, legal experts and specially trained in the ways of dealing with children, and not as is currently the case in some Argentine municipalities where these officials in the so-called local service committees are appointed by means of political patronage, and I can guarantee that most of them do not know the legal provisions of the International Convention on the Rights of the Child.
“When children are forcibly removed from their arms, the family goes through difficult circumstances, a traumatic experience for both the child and the family.”
Some believe that these practices are aimed at protecting children, but the fact is that this work causes a lot of social and psychological problems.
“These problems include a lack of trust in government institutions and dissatisfaction with the government or the ruling political class, and they may cause rising societal violence, increasing social inequalities, as governments should focus on protecting children’s basic rights, including the right to live with their families.”
International conventions and conventions clearly refer to the rights and protection of children.
In 1989, U.N. member states approved the Convention on the Rights of the Child, which defines children’s rights and promotes their protection from exploitation and marginalization.
Article 9 of the Convention emphasizes the importance of the family and the right to live with parents, and calls upon Governments to take action to preserve family unity.
In addition, article 20 of the Convention includes children’s right to protection and necessary care from Governments, which should include the right to family life.
It should be noted that forcibly removing children from their families is not allowed except in extreme and necessary cases. We have explained at the beginning of this article the legal conditions for doing so (by legal professionals and psychologists and not, as is happening now, through some unscrupulous and irresponsible idiots). International law also includes the criteria that must be met to justify a decision to take the child from his family.
Among the legal articles supporting “children’s rights” and stressing the importance of protecting them from forced displacement are:
1- The Convention on the Rights of the Child (CRC) is an international convention ratified by most countries of the world that guarantees the rights of the child with respect to life, health, education, protection against discrimination, interference in private life and protection against violence, exploitation and abuse.
2- International humanitarian law: International humanitarian law prohibits the use of children in armed conflict and requires the necessary protection in situations of armed conflict.
3- Criminal Law: The abduction of children and the trafficking of children are prohibited and severely punishable under international and domestic criminal law.
4- Democratic Constitution: All constitutions of democratic States in the world protect the rights of the family and the protection of children from forced removal is a constitutional right of the family.
5- Child protection laws: In many States that respect democracy and human rights, there are laws protecting children and their rights, including protection from abuse, exploitation and neglect, ensuring education, good health and protection from discrimination.
6- Social welfare laws: Social welfare laws include providing care and protection for children in need and at risk, and strengthening the role of the family in the upbringing and protection of children.
7- Immigration and Asylum Laws: Immigration and Asylum Laws include protecting refugee and migrant children and guaranteeing their basic rights, providing them with protection, securing family unity and ensuring that they are not divided or harmed.
Within this legal and human rights framework, it is clear to us the danger of forcibly removing children from their families and dismantling the family, as this act violates many of the fundamental rights of the child and significantly affects the development of the child’s personality and future behavior.
The right of the child to family life and protection is guaranteed by numerous international instruments and conventions, including the Universal Declaration of Human Rights and the 1989 Convention on the Rights of the Child, which stipulate that “the child must grow up in a family environment and enjoy the care necessary for the full development of his personality.”
Under article 9 of the Convention on the Rights of the Child, the law must prohibit all forms of physical and mental abuse and neglect of children, including removal of children from their families. This article requires States parties to take appropriate action to protect children from all forms of abuse, neglect and discrimination.
In view of the foregoing, we must all work to promote and protect the rights of children by all available means.
We must carefully consider protecting children’s rights, ensuring they stay with their families and loved ones who care for them and preserve their safety and well-being.
Society and governments must adopt policies and regulations to ensure children are protected and not endangered by being forced to relocate to strange families or elsewhere.
Therefore, we must abide by relevant international conventions and local laws that define children’s rights, such as the United Nations Convention on the Rights of the Child and the Personal Status Law, which provide for the protection of children’s rights and provide a safe and stable environment for the development of children’s personality in the best way possible.
We cannot allow children’s lives to lose their importance and value, and we must all work together, to stand together against any attempt to forcibly remove children from their families and to work in every peaceful way available to put in place policies and regulations to properly protect children’s rights.
