PREVENTION OF UNNECESSARY FAMILY SEPARATION IS PREVENTION of INSTITUTIONALIZING THE CHILD BICON on Alternative Care for Children in South Asia 2018 March 16 & 17 Pamela D M Pieris, PhD Child Rights Advocate; Social Work Generalist & Rights-based Social Development Practitioner

What is Family? Constitution of Sri Lanka defines family Informal Family Arrangements: An adult coming into co-habitation with individual and family – father or mother figure girl under-aged for legal marriage living with partner’s family [consequences due to under-aged pregnancies or running away with a boy/man] Duration of marital arrangement – varies Separation due to issues concerning the partner coming into co-habitation – abandonment [no specific reason] domestic violence, child sexual abuse, Constitution of Sri Lanka defines family 27. (1) The Directive Principles of State Policy herein contained shall guide Parliament, the President and the Cabinet of Ministers in the enactment of laws and the governance of Sri Lanka for the establishment of a just and free society. (12) The State shall recognize and protect the family as the basic unit of society. (13) The State shall promote with special care the interests of children and youth, so as to ensure their full development, physical, mental, moral, religious and social, and to protect them from exploitation and discrimination. Sri Lanka’s Family Policy – a work in progress

Unnecessary Family Separation – Investigation of Conditions and Situations

Second Chance to Strengthen Family Duty Bearers Responded efficiently, effectively to deficiencies, & gaps found in delivery of services; next generation moved out of At-risk Status Prevention of Unnecessary Family Separation A Conceptual Frame of Reference UN CRC (1989) Article 20; UN A/RES/64/142 [2009]; Best Interests of the Child Determinants (BID) [Young Persons in Remand Homes, Certified Schools, Detention Homes, & Children under 5 years of age living with Mothers Incarcerated or in Remand] UN CRC - Duty Bearers: The State Responsible for Policy development & formulation; Good Governance & Service delivery Non-State Actors Partner with State and Civil Society Actors; Parents/ Guardians To uphold child’s survival, protection and empowerment Rights Mapping out existing policies – several are in the making, needing recommendations to identify overlaps affecting family, propel State and Non-State Actors to formulate robust policy, timely implementation; take action to prevent the child a direct victim of ‘family separation.’ Second Chance to Strengthen Family Family Preservation Identify which State entities are legally bound to work directly in Strengthening the Family, under what conditions and situations? What are ways in which these State collaborations are taking place? What are points of disconnects if any, & why? What are ways in which the child’s best interests considered prior to her separation from family? Conditions and Situations of Families Gatekeeping Systems are family friendly, robust. operate effectively and efficiently; Review efficiency of CBO, (I/NGO) Village Committees in monitoring Data base Encourage Short term Informal Care Settings on established Standards Document health, education protection & safety details of sponsor family Is Child’s information Monitored & Updated periodically by State or Non-State Staff? Why would a Child be in institutional care beyond 3 years? Foster Care Adoptions – local/ overseas Transitional Facilities Case follow up, Protection and Safety, no sibling separation, Those currently in Care settings should not join the vicious cycle / Care Leavers’ Higher education Vocational skills, Housing, Re-integration with family or other … State and Non-State Actor Partnerships in keeping families together In what ways do I/NGO inputs supplement State initiatives to strengthen child’s family? In what ways are measures assured in upholding child’s protection, survival and empowerment rights State and Non-State Officers’ competencies Research & documentation Develop Inventory of Journal articles And Research Studies carried Out by I/NGOs et. al. concerning family strengthening Library of Sri Lanka’s Laws/bills/ Circulars

Children’s Views: [recent data not published] The stories behind data Teenage pregnancies School drop outs Child labour Child marriages Children in institutional care “Provide parents with a monthly stipends for children’s educational and other expenses, as same as allocated to institutions providing care facilities to children.” “Provide employment comparable to parents’ current positions in other countries: Middle East and East Asia.” “If compelled let only one parent be employed overseas.”

Family Separation - Parents’ Views Recent Data unpublished Counselling – touching on significance of mental health Issues due to disabled child where the father and extended family abandon mother with children Problems due to disability in the family – autism, fatal accidents, sexual abuse due to mental health of family member Social and economic issues are similar to their children

State and Non-State Collaboration Work through a robust plan – special areas are data gathering, monitoring and updating Role Clarification – State and Non-State. Partnership building and enhancing those that are active Pooling Resources Building ‘Think Tanks’

National Policies, Plans of Action, Services State Supported Services: State Officers – Ministerial, Provincial and Local Structures Categories of Services: Child Protective Services; Economic Development; Informal Sector Training; Civil Society support services Work in progress: National Policy on Child Protection; National Policy on Alternative Care of Children

Role of Media – Educative To Enhance Transparency Informs public about State and Non State Stakeholders’ Accountability To encourage State to set Standards To Strengthen Gatekeeper Roles Education and Training to scale up parental skills Country specific Education on Alternative Care for Children Parental Obligations State’s Obligations Child’s Entitlements Civil Society Obligations