A/RES/64/142
5.
Where the child’s own family is unable, even with appropriate support, to
provide adequate care for the child, or abandons or relinquishes the child, the State
is responsible for protecting the rights of the child and ensuring appropriate
alternative care, with or through competent local authorities and duly authorized
civil society organizations. It is the role of the State, through its competent
authorities, to ensure the supervision of the safety, well-being and development of
any child placed in alternative care and the regular review of the appropriateness of
the care arrangement provided.
6.
All decisions, initiatives and approaches falling within the scope of the present
Guidelines should be made on a case-by-case basis, with a view, notably, to
ensuring the child’s safety and security, and must be grounded in the best interests
and rights of the child concerned, in conformity with the principle of
non-discrimination and taking due account of the gender perspective. They should
respect fully the child’s right to be consulted and to have his/her views duly taken
into account in accordance with his/her evolving capacities, and on the basis of
his/her access to all necessary information. Every effort should be made to enable
such consultation and information provision to be carried out in the child’s preferred
language.
7.
In applying the present Guidelines, determination of the best interests of the
child shall be designed to identify courses of action for children deprived of parental
care, or at risk of being so, that are best suited to satisfying their needs and rights,
taking into account the full and personal development of their rights in their family,
social and cultural environment and their status as subjects of rights, both at the
time of the determination and in the longer term. The determination process should
take account of, inter alia, the right of the child to be heard and to have his/her
views taken into account in accordance with his/her age and maturity.
8.
States should develop and implement comprehensive child welfare and
protection policies within the framework of their overall social and human
development policy, with attention to the improvement of existing alternative care
provision, reflecting the principles contained in the present Guidelines.
9.
As part of efforts to prevent the separation of children from their parents,
States should seek to ensure appropriate and culturally sensitive measures:
(a) To support family caregiving environments whose capacities are limited
by factors such as disability, drug and alcohol misuse, discrimination against
families with indigenous or minority backgrounds, and living in armed conflict
regions or under foreign occupation;
(b) To provide appropriate care and protection for vulnerable children, such
as child victims of abuse and exploitation, abandoned children, children living on
the street, children born out of wedlock, unaccompanied and separated children,
internally displaced and refugee children, children of migrant workers, children of
asylum-seekers, or children living with or affected by HIV/AIDS and other serious
illnesses.
10. Special efforts should be made to tackle discrimination on the basis of any
status of the child or parents, including poverty, ethnicity, religion, sex, mental and
physical disability, HIV/AIDS or other serious illnesses, whether physical or mental,
birth out of wedlock, and socio-economic stigma, and all other statuses and
circumstances that can give rise to relinquishment, abandonment and/or removal of
a child.
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