A/HRC/11/37
145. As soon as an unaccompanied or separated child is taken into care, all reasonable
efforts should be made to trace his/her family and re-establish family ties, when this is in
the best interests of the child and would not endanger those involved.
146. In order to assist in planning the future of an unaccompanied or separated child in a
manner that best protects his/her rights, relevant State and social service authorities should
make all reasonable efforts to procure documentation and information in order to conduct
an assessment of the child’s risk and social and family conditions in his/her country of
habitual residence.
147. 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/her with appropriate care and protection;
(c)
If, for other reasons, it is not in their best interests, according to the
assessment of the competent authorities.
148. With the above aims in mind, cooperation among States, regions, local authorities
and civil society associations should be promoted, strengthened and enhanced.
149. 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.
150. 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.
151. 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.
A.
Care in emergency situations
Application of the Guidelines
152. 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.
153. 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;
42
GE.09-16766
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