Taking into account ethnicity in continuity in upbringing when arranging substitute family care in the Czech Republic in the context of Article 20 (3) of the Convention on the Rights of the Child

• Authors: Helena Hofmannová
• Languages of publication: EN

Abstracts

EN

The article deals with the practice of determining and recording a child’s ethnic origin by the bodies responsible for the social-legal protection of children in the Czech Republic when arranging substitute family care. The main focus is concentrated on the interpretation of the constitutional protection of ethnic discrimination in relation with the interpretation of “continuity of care” in the view of Article 20 para 3 of the Convention on the Rights of the Child. These issues are considered from the point of view of principle of prohibition of discrimination and issue of legitimacy of data collection. The article leads to the conclusion, that the criterion of ethnic origin should not serve as a discriminatory criterion - to exclude a child from the possibility of substitute family care.

Keywords

EN

ethnicity; ethnic affiliation; determining and recording ethnic data; protection of discrimination; child rights; social-legal protection of children; the Convention on the Rights of the Child; continuity of care; family care

Discipline

• LAW_&_ADMINISTRATION: LAW & ADMINISTRATION

• Publisher: Institute of State and Law, Czech Academy of Sciences
• Journal: The Lawyer Quarterly
• Year: 2017
• Volume: 7
• Issue: 4
• Pages: 269-281
• Document type: ARTICLE

Contributors

author

Helena Hofmannová

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