In the case of a child who is not under the care of either of his parents or of the legal guardians, due account shall be taken of their expressed wishes or of any other proof of their wishes in the matter of religion or belief, the best interests of the child being the guiding principle.

Children who are separated from parents or legal guardians by legal immigration, tragedies such as natural disasters, accidents or as refugees from wars, should have their wishes in matters of religion or belief taken into consideration. The Convention on the Rights of the Child, Article 29 says; “such care could include foster placement, Kafala of Islamic law, adoption or if necessary placement in suitable institutions with religions or beliefs consistent with the wishes of the child. 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.”

Related Examples

• Cuba: In 1998, a Cuban boy and his mother attempted to escape to the United States by boar. The mother drowned and the boy made it safely to Miami. A “best interests of the child” custody fight ensued between the father, who wanted the boy back in Cuba, and American relatives in Miami who wanted to keep the boy. The boy was returned to the father by American authorities who ruled it was in the best interests of the child.

Learning Experiences

Research the laws of your country regarding immigrants, non-citizens and members of minority religions or beliefs to see what kinds of protection are awarded to parents and children. See if there are programs in your community that protect the best interests of the child in these cases.

TOPIC NOTES

Term 5.1.4: Best Interests of the Child

In the case of the child who is not under the care of either of his parents or of legal guardians, due account shall be taken of their expressed wishes or of any other proof of their wishes in the matter of religion or belief, the best interests of the child being the guiding principle.

Research the laws of your country and regulations of your community regarding orphans, immigrants, non-citizens and refugees to see what protections a child has in matters of religion or belief. Read article 27 of the ICCPR regarding protections of ethnic, religious and linguistic minorities. Interview the resource contact list to see what programs are in place.