Page 119 - ตราสารระหว่างประเทศด้านสิทธิมนุษยชนที่ไทยเป็นภาคี : จากเว็บไซต์กระทรวงการต่างประเทศ

Article 19

1. States Parties shall take all appropriate legislative, administrative, social and educational measures
to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent

treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s)
or any other person who has the care of the child.

2. Such protective measures should, as appropriate, include effective procedures for the establishment
of social programmes to provide necessary support for the child and for those who have the care of the child, as

well as for other forms of prevention and for identification, reporting, referral, investigation, treatment and
follow-up of instances of child maltreatment described heretofore, and, as appropriate, for judicial involvement.

Article 20

1. A child temporarily or permanently deprived of his or her family environment, or in whose own
best interests cannot be allowed to remain in that environment, shall be entitled to special protection and

assistance provided by the State.

2. States Parties shall in accordance with their national laws ensure alternative care for such a child.

3. Such care could include, inter alia, foster placement, kafalah of Islamic law, adoption or if

necessary placement in suitable institutions for the care of children. When considering solutions, due regard
shall be paid to the desirability of continuity in a child's upbringing and to the child's ethnic, religious, cultural
and linguistic background.

Article 21

States Parties that recognize and/or permit the system of adoption shall ensure that the best interests of
the child shall be the paramount consideration and they shall:

(a) Ensure that the adoption of a child is authorized only by competent authorities who determine, in

accordance with applicable law and procedures and on the basis of all pertinent and reliable information, that
the adoption is permissible in view of the child's status concerning parents, relatives and legal guardians and

that, if required, the persons concerned have given their informed consent to the adoption on the basis of such
counselling as may be necessary;

(b) Recognize that inter-country adoption may be considered as an alternative means of child's care, if
the child cannot be placed in a foster or an adoptive family or cannot in any suitable manner be cared for in the
child's country of origin;