A/HRC/11/37
133. Aftercare should be prepared as early as possible in the placement and, in any case,
well before the child leaves the care setting.
134. Ongoing educational and vocational training opportunities should be imparted as
part of life skill education to young people leaving care in order to help them to become
financially independent and generate their own income.
135. Access to social, legal and health services, together with appropriate financial
support, should also be provided to young people leaving care and during aftercare.
VIII. Care provision for children outside their country of habitual
residence
A.
Placement of a child for care abroad
136. The present Guidelines should apply to all public and private entities and all persons
involved in arrangements for a child to be sent for care to a country other than his/her
country of habitual residence, whether for medical treatment, temporary hosting, respite
care or any other reason.
137. States concerned should ensure that a designated body has responsibility for
determining specific standards to be met regarding, in particular, the criteria for selecting
carers in the host country and the quality of care and follow-up, as well as for supervising
and monitoring the operation of such schemes.
138. To ensure appropriate international cooperation and child protection in such
situations, States are encouraged to ratify or accede to the Hague Convention of 19 October
1996 on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in
Respect of Parental Responsibility and Measures for the Protection of Children.
B.
Provision of care for a child already abroad
139. The present Guidelines, as well as other relevant international provisions, should
apply to all public and private entities and all persons involved in arrangements for a child
needing care while in a country other than his/her country of habitual residence, for
whatever reason.
140. Unaccompanied or separated children already abroad should in principle enjoy the
same level of protection and care as national children in the country concerned.
141. In determining appropriate care provision, the diversity and disparity of
unaccompanied or separated children (such as ethnic and migratory background or cultural
and religious diversity) should be taken into consideration on a case-by-case basis.
142. Unaccompanied or separated children, including those who arrive irregularly in a
country, should not be, in principle, deprived of their liberty solely for having breached any
law governing access to and stay within the territory.
143. Child victims of trafficking should neither be detained in police custody nor
subjected to penalties for their involvement under compulsion in unlawful activities.
144. As soon as an unaccompanied child is identified, States are strongly encouraged to
appoint a guardian or, where necessary, representation by an organization responsible for
his/her care and well-being to accompany the child throughout the status determination and
decision-making process.
GE.09-16766
41
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