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Instruments of the AU
adoption is permissible in view of the child’s status concerning parents,
relatives and guardians and that, if necessary, the appropriate persons
concerned have given their informed consent to the adoption on the basis of
appropriate counselling;
(b) recognise that inter-country adoption in those states who have ratified
or adhered to the International Convention on the Rights of the Child or this
Charter, may, as the last resort, be considered as an alternative means of
child’s care, if the child cannot be placed in a foster or an adoptive family or
cannot in any suitable manner be cared for in the child’s country of origin;
(c) ensure that the child affected by inter-country adoption enjoys
safeguards and standards equivalent to those existing in the case of national
adoption;
(d) take all appropriate measures to ensure that, in inter-country adoption,
the placement does not result in trafficking or improper financial gain for
those who try to adopt a child;
(e) promote, where appropriate, the objectives of this article by
concluding bilateral or multilateral arrangements or agreements, and
endeavour, within this framework, to ensure that the placement of the child
in another country is carried out by competent authorities or organs;
(f) establish a machinery to monitor the well-being of the adopted child.
Article 25: Separation from parents
1.
Any child who is permanently or temporarily deprived of his family
environment for any reasons shall be entitled to special protection and
assistance;
2.
State parties to the present Charter:
(a) shall ensure that a child who is parentless, or who is temporarily or
permanently deprived of his or her family environment, or who in his or her
best interest cannot be brought up or allowed to remain in that environment
shall be provided with alternative family care, which could include, among
others, foster placement, or placement in suitable institutions for the care of
children;
(b) shall take all necessary measures to trace and re-unite children with
parents or relatives where separation is caused by internal and external
displacement arising from armed conflicts or natural disasters.
3.
When considering alternative family care of the child and the best
interests of the child, due regard shall be paid to the desirability of continuity
in a child’s upbringing and to the child’s ethnic, religious or linguistic
background.
Article 26: Protection against apartheid and discrimination
1.
State parties to the present Charter shall individually and collectively
undertake to accord the highest priority to the special needs of children living
under apartheid and in states subject to military destabilisation by the
apartheid regime.
2.
State parties to the present Charter shall individually and collectively
undertake to accord the highest priority to the special needs of children living
under regimes practising racial, ethnic, religious or other forms of
discrimination as well as in states subject to military destabilisation.
3.
State parties shall undertake to provide, whenever possible, material
assistance to such children and to direct their efforts towards the elimination
of all forms of discrimination and apartheid on the African continent.