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:doi:10.11648/j.ijls.20200301.12

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

Xinlin Peng, Qian Sun

Published in International Journal of Law and Society (Volume 3, Issue 1)

Received: 25 February 2020 Accepted: 10 March 2020 Published: 24 March 2020

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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.

Published in	International Journal of Law and Society (Volume 3, Issue 1)
DOI	10.11648/j.ijls.20200301.12
Page(s)	5-11
Creative Commons	This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.
Copyright	Copyright © The Author(s), 2020. Published by Science Publishing Group

Keywords

"Leftover Children" out of Custody, Novel Coronavirus Pneumonia, National Guardianship, Temporary Guardianship

References

[1]	Zhang Yuemeng. A single parent suspected NCP was isolated in Hubei: a 17 year old cerebral palsy died 6 days after being alone at home. Beijing Youth Daily, 30 January, 2020.
[2]	Zhang Duan. Parents were quarantined: their 8 months old baby was out of custody, and a male nurse born after 1995 became a temporary father. Beijing Youth Daily, 7 February, 2020.
[3]	Li Yifeng. 2020. A 8-year-old boy swipes his parents' credit card while their parents are isolated and spends 13000 yuan playing mobile games. Kankan news, 7 February, 2020.
[4]	Gao Wenwen and Jin Tao. 2020. A pair of parents in Yinchuan were diagnosed with NCP isolation, their three children were out of custody, and the "temporary mother" warmed their hearts. Yinchuan Daily, 6 February, 2020.
[5]	Wu Di. 2020. Mother was diagnosed with NCP, a 9-year-old boy was isolated in a hotel was very anxious: his father was far away from the front line of anti epidemic in Wuhan. The People's daily, 5 February, 2020.
[6]	Li Guigang. Parents of police and doctors fight at the front line of epidemic prevention and control, their 7-year-old son living on "fancy" instant noodles everyday. China News Service, 4 February, 2020.
[7]	Qi Wang. A 6-year-old girl exposes isolation at home alone. The Beijing News, 6 February, 2020.
[8]	Yu Peifeng. Research on "parental rights": parental rights in the perspective of Chinese and western legal culture, China University of political science and Law Press, 2013 edition, P5.
[9]	Zhang Xiaobai. Parents fight the front line of the epidemic: a 10-year-old son takes care of himself alone. Tengxun news, 9 February, 2020.
[10]	Xie Wenying. Prevention and control of epidemic situation: we should pay attention to leftover children. The Procuratorial Daily, 4 February, 2020.
[11]	Jin Lijun. Legal topics in epidemic prevention and control. The Procuratorial Daily, 20 February, 2020.
[12]	Ren Huan. Ministry of Civil Affairs: Strengthening the relief and guarantee work for children out of custody due to the impact of the epidemic. Guangming Daily, 12 February, 2020.

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APA Style

Xinlin Peng, Qian Sun. (2020). How to Protect the Human Rights of Children Temporarily out of Custody in the Novel Coronavirus Pneumonia Epidemic in China. International Journal of Law and Society, 3(1), 5-11. https://doi.org/10.11648/j.ijls.20200301.12

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ACS Style

Xinlin Peng; Qian Sun. How to Protect the Human Rights of Children Temporarily out of Custody in the Novel Coronavirus Pneumonia Epidemic in China. Int. J. Law Soc. 2020, 3(1), 5-11. doi: 10.11648/j.ijls.20200301.12

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AMA Style

Xinlin Peng, Qian Sun. How to Protect the Human Rights of Children Temporarily out of Custody in the Novel Coronavirus Pneumonia Epidemic in China. Int J Law Soc. 2020;3(1):5-11. doi: 10.11648/j.ijls.20200301.12

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@article{10.11648/j.ijls.20200301.12,
  author = {Xinlin Peng and Qian Sun},
  title = {How to Protect the Human Rights of Children Temporarily out of Custody in the Novel Coronavirus Pneumonia Epidemic in China},
  journal = {International Journal of Law and Society},
  volume = {3},
  number = {1},
  pages = {5-11},
  doi = {10.11648/j.ijls.20200301.12},
  url = {https://doi.org/10.11648/j.ijls.20200301.12},
  eprint = {https://article.sciencepublishinggroup.com/pdf/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.},
 year = {2020}
}

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TY  - JOUR
T1  - How to Protect the Human Rights of Children Temporarily out of Custody in the Novel Coronavirus Pneumonia Epidemic in China
AU  - Xinlin Peng
AU  - Qian Sun
Y1  - 2020/03/24
PY  - 2020
N1  - https://doi.org/10.11648/j.ijls.20200301.12
DO  - 10.11648/j.ijls.20200301.12
T2  - International Journal of Law and Society
JF  - International Journal of Law and Society
JO  - International Journal of Law and Society
SP  - 5
EP  - 11
PB  - Science Publishing Group
SN  - 2640-1908
UR  - https://doi.org/10.11648/j.ijls.20200301.12
AB  - 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.
VL  - 3
IS  - 1
ER  -

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Author Information

Xinlin Peng

Law School, Beijing Normal University, Beijing, China
Qian Sun

Faculty of Humanities and Social Sciences, Beijing Institute of Education, Beijing, China

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APA Style

Xinlin Peng, Qian Sun. (2020). How to Protect the Human Rights of Children Temporarily out of Custody in the Novel Coronavirus Pneumonia Epidemic in China. International Journal of Law and Society, 3(1), 5-11. https://doi.org/10.11648/j.ijls.20200301.12

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ACS Style

Xinlin Peng; Qian Sun. How to Protect the Human Rights of Children Temporarily out of Custody in the Novel Coronavirus Pneumonia Epidemic in China. Int. J. Law Soc. 2020, 3(1), 5-11. doi: 10.11648/j.ijls.20200301.12

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AMA Style

Xinlin Peng, Qian Sun. How to Protect the Human Rights of Children Temporarily out of Custody in the Novel Coronavirus Pneumonia Epidemic in China. Int J Law Soc. 2020;3(1):5-11. doi: 10.11648/j.ijls.20200301.12

Copy | Download

@article{10.11648/j.ijls.20200301.12,
  author = {Xinlin Peng and Qian Sun},
  title = {How to Protect the Human Rights of Children Temporarily out of Custody in the Novel Coronavirus Pneumonia Epidemic in China},
  journal = {International Journal of Law and Society},
  volume = {3},
  number = {1},
  pages = {5-11},
  doi = {10.11648/j.ijls.20200301.12},
  url = {https://doi.org/10.11648/j.ijls.20200301.12},
  eprint = {https://article.sciencepublishinggroup.com/pdf/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.},
 year = {2020}
}

Copy | Download

TY  - JOUR
T1  - How to Protect the Human Rights of Children Temporarily out of Custody in the Novel Coronavirus Pneumonia Epidemic in China
AU  - Xinlin Peng
AU  - Qian Sun
Y1  - 2020/03/24
PY  - 2020
N1  - https://doi.org/10.11648/j.ijls.20200301.12
DO  - 10.11648/j.ijls.20200301.12
T2  - International Journal of Law and Society
JF  - International Journal of Law and Society
JO  - International Journal of Law and Society
SP  - 5
EP  - 11
PB  - Science Publishing Group
SN  - 2640-1908
UR  - https://doi.org/10.11648/j.ijls.20200301.12
AB  - 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.
VL  - 3
IS  - 1
ER  -

Copy | Download