A/RES/64/142
94. All carers should promote and encourage children and young people to
develop and exercise informed choices, taking account of acceptable risks and the
child’s age, and according to his/her evolving capacities.
95. States, agencies and facilities, schools and other community services should
take appropriate measures to ensure that children in alternative care are not
stigmatized during or after their placement. This should include efforts to minimize
the identification of children as being looked after in an alternative care setting.
96. All disciplinary measures and behaviour management constituting torture,
cruel, inhuman or degrading treatment, including closed or solitary confinement or
any other forms of physical or psychological violence that are likely to compromise
the physical or mental health of the child, must be strictly prohibited in conformity
with international human rights law. States must take all necessary measures to
prevent such practices and ensure that they are punishable by law. Restriction of
contact with members of the child’s family and other persons of special importance
to the child should never be used as a sanction.
97. Use of force and restraints of whatever nature should not be authorized unless
strictly necessary for safeguarding the child’s or others’ physical or psychological
integrity, in conformity with the law and in a reasonable and proportionate manner
and with respect for the fundamental rights of the child. Restraint by means of drugs
and medication should be based on therapeutic needs and should never be employed
without evaluation and prescription by a specialist.
98. Children in care should be offered access to a person of trust in whom they
may confide in total confidentiality. This person should be designated by the
competent authority with the agreement of the child concerned. The child should be
informed that legal or ethical standards may require breaching confidentiality under
certain circumstances.
99. Children in care should have access to a known, effective and impartial
mechanism whereby they can notify complaints or concerns regarding their
treatment or conditions of placement. Such mechanisms should include initial
consultation, feedback, implementation and further consultation. Young people with
previous care experience should be involved in this process, due weight being given
to their opinions. This process should be conducted by competent persons trained to
work with children and young people.
100. To promote the child’s sense of self-identity, a life story book comprising
appropriate information, pictures, personal objects and mementoes regarding each
step of the child’s life should be maintained with the child’s participation and made
available to the child throughout his/her life.
B.
Legal responsibility for the child
101. In situations where the child’s parents are absent or are incapable of making
day-to-day decisions in the best interests of the child, and the child’s placement in
alternative care has been ordered or authorized by a competent administrative body
or judicial authority, a designated individual or competent entity should be vested
with the legal right and responsibility to make such decisions in the place of parents,
in full consultation with the child. States should ensure that a mechanism is in place
for designating such an individual or entity.
102. Such legal responsibility should be attributed by the competent authorities and
be supervised directly by them or through formally accredited entities, including
non-governmental organizations. Accountability for the actions of the individual or
entity concerned should lie with the designating body.
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