A/RES/64/142
148. Unaccompanied or separated children must not be returned to their country of
habitual residence:
(a) If, following the risk and security assessment, there are reasons to
believe that the child’s safety and security are in danger;
(b) Unless, prior to the return, a suitable caregiver, such as a parent, other
relative, other adult caretaker, a Government agency or an authorized agency or
facility in the country of origin, has agreed and is able to take responsibility for the
child and provide him or her with appropriate care and protection;
(c) If, for other reasons, it is not in the best interests of the child, according
to the assessment of the competent authorities.
149. With the above aims in mind, cooperation among States, regions, local
authorities and civil society associations should be promoted, strengthened and
enhanced.
150. The effective involvement of consular services or, failing that, legal
representatives of the country of origin should be foreseen, when this is in the best
interests of the child and would not endanger the child or his/her family.
151. Those responsible for the welfare of an unaccompanied or separated child
should facilitate regular communication between the child and his/her family, except
where this is against the child’s wishes or is demonstrably not in his/her best
interests.
152. Placement with a view to adoption or kafala of Islamic law should not be
considered a suitable initial option for an unaccompanied or separated child. States
are encouraged to consider this option only after efforts to determine the location of
his/her parents, extended family or habitual carers have been exhausted.
IX. Care in emergency situations
A.
Application of the Guidelines
153. The present Guidelines should continue to apply in situations of emergency
arising from natural and man-made disasters, including international and
non-international armed conflicts, as well as foreign occupation. Individuals and
organizations wishing to work on behalf of children without parental care in
emergency situations are strongly encouraged to operate in accordance with the
Guidelines.
154. In such circumstances, the State or de facto authorities in the region
concerned, the international community and all local, national, foreign and
international agencies providing or intending to provide child-focused services
should pay special attention:
(a) To ensure that all entities and persons involved in responding to
unaccompanied or separated children are sufficiently experienced, trained,
resourceful and equipped to do so in an appropriate manner;
(b)
To develop, as necessary, temporary and long-term family-based care;
(c) To use residential care only as a temporary measure until family-based
care can be developed;
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