How to Protect the Human Rights of Children Temporarily out of Custody in the Novel Coronavirus Pneumonia Epidemic in China

Xinlin Peng,Qian Sun

doi:10.11648/j.ijls.20200301.12

Abstract

In the current epidemic prevention and control of the Novel Coronavirus Pneumonia (NCP) in China, the protection of human rights of children temporarily separated from guardianship during the epidemic period has not yet attracted the attention of the state and society. Some of these children have to be separated from their parents because their parents are quarantined for suspected or confirmed NCP, or these children themselves have to be quarantined because of suspected or confirmed diagnosis of NCP. Some children’s parents are doctors, police and other front-line anti epidemic staff, therefore they have no other choice but leaving the children at home alone. There are also children whose parents and other close relatives have been infected or suspected to be infected with NCP thereby have no ability to take care of them. These children are actually out of the custody of their parents. The mental and physical health of these children are suffering from great damage. However, the absence of state guardianship, guardians’ lacking awareness of protecting children's rights, and the adverse guidance of public opinions make these children be in a struggling situation at present. The First thing we must to do is establishing a systematic national guardianship system, and make clear the temporary guardianship system. Second, expanding the interpretation of leftover children and children in difficulties in the existing laws and policies, and formulating special provisions for the protection of temporary "leftover children" during the epidemic prevention and control period should be added. Third, for the "leftover children" who are temporarily out of custody in epidemic areas, the state needs to allocate special to designate special national treatment institutions where children can receive unified treatment.

Highlights

Since the outbreak of Novel Coronavirus Pneumatia (NCP) in late January, 2020, China has been fighting the epidemic with all its strength
Because they are either close contacts of the infected or themselves are suspected infected, people tend to stay away from this kind of children and avoid contact with this kind of children, this kind of children are indirectly isolated from the outside world. This kind of implicit discrimination will lay an eternal wound children's psychology, making them hate outsiders or close themselves for a long time and refuse to communicate with outsiders. These psychological traumas are not limited to children who are suspected or diagnosed with NCP, the above-mentioned children whose parents are doctors, nurses and police, who have to fight in the front line of anti epidemic daily, are forced to stay at home alone, they will suffer psychological traumas and implicit discrimination as well, because their parents are all directly exposed to the source of NCP infection
China News Service reported on February 4, 2020,"Parents of police and doctors fight on the front line for NCP epidemic prevention and control, and their 7-year-old son living on instant noodles everyday"

Summary

Introduction

Since the outbreak of Novel Coronavirus Pneumatia (NCP) in late January, 2020, China has been fighting the epidemic with all its strength. Case 1: on January 29, 2020, an article entitled "family suspected NCP was isolated, a Hubei 17-year-old child with cerebral palsy died after staying alone at home for 6 days " introduced Yan Xiaowen, a villager from Yanjia village, Huajiahe Town, Hongan County, Huanggang City, Hubei Province, who was isolated due to suspected NCP. This kind of implicit discrimination will lay an eternal wound children's psychology, making them hate outsiders or close themselves for a long time and refuse to communicate with outsiders These psychological traumas are not limited to children who are suspected or diagnosed with NCP, the above-mentioned children whose parents are doctors, nurses and police, who have to fight in the front line of anti epidemic daily, are forced to stay at home alone, they will suffer psychological traumas and implicit discrimination as well, because their parents are all directly exposed to the source of NCP infection. Though in the difficult period of epidemic, we shall not forget the children who need to be cared for and leave them in the situation of being unattended

Absence of National Guardianship

Conclusion