Ariticle20Children without families
- 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.
- States Parties shall in accordance with their national laws ensure alternative care for such a child.
- 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.
This Article is intended to protect children who have lost their family environment. The basic premise is that the best environment for a child is a home with a familial relationship with the child. If this is not possible, the Child Guidance Center (in Japan) will look for foster parents or adoptive parents who can maintain continuous care, as it says “the desirability of continuity in a child's upbringing.” Adoption is a legal family relationship, while foster parents are temporary caregivers for the child. Also, kafalah in Islamic law refers to adoptions in regions where Islamic law is applied.