1. 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

2. 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

3. Unnecessary Family Separation – Investigation of Conditions and Situations

4. 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

5. 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.”

6. 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

7. 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’

8. 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

9. 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