A/RES/64/142
B.
Alternative care
11. All decisions concerning alternative care should take full account of the
desirability, in principle, of maintaining the child as close as possible to his/her
habitual place of residence, in order to facilitate contact and potential reintegration
with his/her family and to minimize disruption of his/her educational, cultural and
social life.
12. Decisions regarding children in alternative care, including those in informal
care, should have due regard for the importance of ensuring children a stable home
and of meeting their basic need for safe and continuous attachment to their
caregivers, with permanency generally being a key goal.
13. Children must be treated with dignity and respect at all times and must benefit
from effective protection from abuse, neglect and all forms of exploitation, whether
on the part of care providers, peers or third parties, in whatever care setting they
may find themselves.
14. Removal of a child from the care of the family should be seen as a measure of
last resort and should, whenever possible, be temporary and for the shortest possible
duration. Removal decisions should be regularly reviewed and the child’s return to
parental care, once the original causes of removal have been resolved or have
disappeared, should be in the best interests of the child, in keeping with the
assessment foreseen in paragraph 49 below.
15. Financial and material poverty, or conditions directly and uniquely imputable
to such poverty, should never be the only justification for the removal of a child
from parental care, for receiving a child into alternative care, or for preventing
his/her reintegration, but should be seen as a signal for the need to provide
appropriate support to the family.
16. Attention must be paid to promoting and safeguarding all other rights of
special pertinence to the situation of children without parental care, including, but
not limited to, access to education, health and other basic services, the right to
identity, freedom of religion or belief, language and protection of property and
inheritance rights.
17. Siblings with existing bonds should in
placements in alternative care unless there is
justification in the best interests of the child. In
made to enable siblings to maintain contact with
their wishes or interests.
principle not be separated by
a clear risk of abuse or other
any case, every effort should be
each other, unless this is against
18. Recognizing that, in most countries, the majority of children without parental
care are looked after informally by relatives or others, States should seek to devise
appropriate means, consistent with the present Guidelines, to ensure their welfare
and protection while in such informal care arrangements, with due respect for
cultural, economic, gender and religious differences and practices that do not
conflict with the rights and best interests of the child.
19. No child should be without the support and protection of a legal guardian or
other recognized responsible adult or competent public body at any time.
20. The provision of alternative care should never be undertaken with a prime
purpose of furthering the political, religious or economic goals of the providers.
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