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Letter of Amici dei Bambini to the UN Committee on the Rights of the Child

AiBi has sent a letter to the Geneva UN Committee on the Rights of the Child- a body that has to verify the State's compliance with the 1989 UN Convention, already ratified by Italy - to denounce the delay of Italy in facing the ratification process of the 1996 Hague Convention, an act against articles 3,4,5 and 20 of the UN CRC Convention.

    

Italy, according to Amici dei Bambini, is violating the 1989 UN Convention on the Rights of the Child because the country still does not legally recognise the kafalah - first instrument for abandoned children's protection in North African Countries - despite it is recalled in the 1989 UN Convention on the Rights of the Child (art. 20) and in the 1996 Hague Convention (art. 33).

    

Nowadays Italy does not respect these articles, even if the country has applied the UN CRC with a national law on May 27, 1991. The Convention is a binding juridical instrument for States that ratify it.   It offers an organic reference framework where to insert all the efforts of 50 years of children's rights defence.

  

An evident contradiction, without justifications.

   

The example of the kafalah is clear: in article 20 of the UN Convention kafalah is fully recognised as it is officially listed among the instruments to guarantee a family to an abandoned child. But Italy still has not created a framework to recognise the kafalah of Islamic law in the Italian regulations, also recognised in the 1996 Hague Convention.

 

AiBi has asked the Geneva UN Committee to emit a "general comment", a document to push to broaden the kafalah among the protection instruments of children without parental care. Till now the Committee has published 12 documents on this kind; the last one about the listening of children (n. 12), Ai.Bi. has also asked the Committee to send a recommendation to the Italian Govern to suggest them to create a framework to recognise the kafalah in the local legislation.