A/RES/64/142
21. The use of residential care should be limited to cases where such a setting is
specifically appropriate, necessary and constructive for the individual child
concerned and in his/her best interests.
22. In accordance with the predominant opinion of experts, alternative care for
young children, especially those under the age of 3 years, should be provided in
family-based settings. Exceptions to this principle may be warranted in order to
prevent the separation of siblings and in cases where the placement is of an
emergency nature or is for a predetermined and very limited duration, with planned
family reintegration or other appropriate long-term care solution as its outcome.
23. While recognizing that residential care facilities and family-based care
complement each other in meeting the needs of children, where large residential
care facilities (institutions) remain, alternatives should be developed in the context
of an overall deinstitutionalization strategy, with precise goals and objectives, which
will allow for their progressive elimination. To this end, States should establish care
standards to ensure the quality and conditions that are conducive to the child’s
development, such as individualized and small-group care, and should evaluate
existing facilities against these standards. Decisions regarding the establishment of,
or permission to establish, new residential care facilities, whether public or private,
should take full account of this deinstitutionalization objective and strategy.
Measures to promote application
24. States should, to the maximum extent of their available resources and, where
appropriate, within the framework of development cooperation, allocate human and
financial resources to ensure the optimal and progressive implementation of the
present Guidelines throughout their respective territories in a timely manner. States
should facilitate active cooperation among all relevant authorities and the
mainstreaming of child and family welfare issues within all ministries directly or
indirectly concerned.
25. States are responsible for determining any need for, and requesting,
international cooperation in implementing the present Guidelines. Such requests
should be given due consideration and should receive a favourable response
wherever possible and appropriate. The enhanced implementation of the present
Guidelines should figure in development cooperation programmes. When providing
assistance to a State, foreign entities should abstain from any initiative inconsistent
with the Guidelines.
26. Nothing in the present Guidelines should be interpreted as encouraging or
condoning lower standards than those that may exist in given States, including in
their legislation. Similarly, competent authorities, professional organizations and
others are encouraged to develop national or professionally specific guidelines that
build upon the letter and spirit of the present Guidelines.
III. Scope of the Guidelines
27. The present Guidelines apply to the appropriate use and conditions of
alternative formal care for all persons under the age of 18 years, unless, under the
law applicable to the child, majority is attained earlier. Only where indicated do the
Guidelines also apply to informal care settings, having due regard for both the
important role played by the extended family and the community and the obligations
of States for all children not in the care of their parents or legal and customary
caregivers, as set out in the Convention on the Rights of the Child.2
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