Article 9 of the Convention on the Rights of the Child: Keeping Families Together

According to this article, a child may be separated from their parents only when necessary for their own safety or best interests. The family is the primary setting for a child’s sense of security, attachment, and identity development, and separation should always be considered a measure of last resort.

Research shows that separation from family can leave deep emotional wounds. Bülow and Lindblom (2025) found that children often experience intense fear, uncertainty, and identity confusion during separation processes, perceiving these experiences as a loss of control. For this reason, Article 9 views the preservation of family unity as an essential component of children’s emotional and psychological well-being.

In many cases, when adults make separation decisions, children are excluded from the process and their views are not sought. However, the Convention requires that children have the right to express their opinions on decisions affecting their lives and that these views be given due weight (Article 12). Margaletić and Preložnjak (2024) emphasize that when children’s participation rights are not respected, the resulting decisions often fail to align with the child’s best interests. Explaining the separation process to the child is a crucial step in supporting their sense of security.

Article 9 regulates not only the conditions of separation but also the preservation of family relationships afterward. Children have the right to maintain regular contact, communication, and emotional ties with their parents. Panelius (2025) highlights that maintaining these familial bonds is central to children’s social identity and emotional resilience. Even when separation is unavoidable, safeguarding children’s connections with their parents remains a core principle of child protection systems.

The responsibilities of States extend beyond intervening in harmful situations; they also include supporting families to prevent unnecessary separation. Draghiçi et al. (2013) note that in countries where child protection systems rely heavily on out-of-home care, family support services are often underdeveloped, resulting in avoidable separations. Social support, economic empowerment, and parenting programs are practical tools for safeguarding family unity. Moreover, Article 9 includes the preservation of family relations linked to the child’s identity. Besson (2007) and Whalen (2022) emphasize that understanding one's family history, cultural roots, and relationships is crucial for a child’s identity development. Poor record-keeping makes post-separation reunification difficult and can prevent children from accessing essential aspects of their identity. This leads to long-term emotional and legal consequences.

For some children, separation itself can be a form of retraumatization. Adewumi and Olatunbosun (2015) show that in low-income regions, children are often removed from their families not due to protection-related dangers but primarily because of poverty. Yet poverty alone cannot justify family separation. This highlights the social justice dimension embedded in Article 9.

In conclusion, Article 9 provides comprehensive protection that upholds the child’s bond with their family and prioritizes their emotional well-being, even when separation is necessary. The role of the State is to ensure that separation is genuinely a last resort, that children’s voices are heard, and that the relationships shaping their identity are preserved.

References

Adewumi, A., & Olatunbosun, A. (2015). Child’s rights without cultural identity: A mirage?. The Justice Journal a Journal of Contemporary Legal, 7, 116-137. https://ssrn.com/abstract=3758793

Besson, S. (2007). Enforcing the child's right to know her origins: Contrasting approaches under the convention on the rights of the child and the European convention on human rights. International Journal of Law, Policy and the Family, 21(2), 137-159. https://doi.org/10.1093/lawfam/ebm003

Bülow, W., & Lindblom, L. (2025). Parental Imprisonment and Children's Right Not to Not Be Separated from Their Parents. Journal of Applied Philosophy, 42(3), 741-757. https://doi.org/10.1111/japp.12757

Draghici, A., Didea, I., & Duminica, R. (2013). The right of children to know their parents-a constitutive element of the child's identity. Acta U. Danubius Jur., 9, 115.

Magnusson, E. (2019). Children’s rights and the non-identity problem. Canadian Journal of Philosophy, 49(5), 580-605. https://doi.org/10.1080/00455091.2018.1463798

Margaletić, A. Č., & Preložnjak, B. (2024). Challenges of Protecting the Rights of Children and Parents When Separating a Child from the Family. EU and comparative law issues and challenges series (ECLIC), 8, 515-536. https://doi.org/10.25234/eclic/32290

Panelius, K. (2025). Children’s Right to Identity in International Armed Conflicts: The Case of Ukrainian Children Being Forcibly Transferred by Russia. https://www.doria.fi/handle/10024/192669

Whalen, C. (2022, January). Article 9: The Right Not to Be Separated from Parents. In Monitoring State Compliance with the UN Convention on the Rights of the Child (p. 125). https://doi.org/10.1007/978-3-030-84647-3_14

Dr. Sezen ÇİÇEK APAYDIN

November 15, 2025