UN Convention on the Rights of the Child

Separating siblings can have severe consequences for a child’s perception of security and stability, their mental health and their ability to create healthy social relationships. It causes feelings of sadness, guilt, abandonment and in some cases trauma. That is not only harmful for a child, but also violates international law. The right to healthy family ties is covered in the UN Convention on the Rights of the Child, the European Treaty on Human Rights, The UN Guidelines for alternative care for children and the European Q4C standards. An amendment of Dutch law would ensure alignment with these international treaties, and allow siblings to grow up together. It is the goal of the joint submission to the UN to issue this on the agenda of the UN DGD.

Dutch parliament has expressed its concerns regarding the separation of children during out-of-home placements from 2019 onwards and requested the Research and Documentation Centre to research how often children are being separated, and whether it is necessary to adapt the law. In the meantime, many siblings are growing up separated from one another. An amendment to a law has been passed in Belgium already. Defence for Children and SOS Children’s villages therefore recommend the following to the Dutch government:

• Amend the (Youth)law to guarantee that siblings remain together during out-of-home placements into foster care, unless it is clearly not in their interest.
• Invest in facilities for children to remain together in one family, such as the Simba Family Homes.
• Increase the capacity and organization of youth care to the extent that the right to family-ties for siblings can be respected.
• Ensure frequent and structural contact between siblings who are separated, unless it is clearly not in their interest.
• Document and register how often and why children are living together or separated during out-of-home placements.
• Focus on the restoration of family ties.
• Ensure that children’s opinions are taken duly into account during the decision-making concerning out-of-home placements.
• Protect and provide (free) legal aid in child protection procedures and family procedures.

More information:

• UN Day of General Discussion 2021
• Submission 'joint placement of siblings in out-of-home placements'