A/HRC/11/37
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.
9.
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 status 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.
B.
Alternative care
10.
All decisions concerning alternative care should take full account of the desirability,
in principle, of maintaining the child as close as possible to his/her habitual place of
residence, in order to facilitate contact and potential reintegration with his/her family and to
minimize disruption of his/her educational, cultural and social life.
11.
Decisions regarding children in alternative care, including those in informal care,
should have due regard for the importance of ensuring children a stable home and of
meeting their basic need for safe and continuous attachment to their caregivers, with
permanency generally being a key goal.
12.
Children must be treated with dignity and respect at all times and must benefit from
effective protection from abuse, neglect and all forms of exploitation, whether on the part
of care providers, peers or third parties, in whatever care setting they may find themselves.
13.
Removal of a child from the care of the family should be seen as a measure of last
resort and should be, whenever possible, temporary and for the shortest possible duration.
Removal decisions should be regularly reviewed and the child’s return to parental care,
once the original causes of removal have been resolved or have disappeared, should be in
the child’s best interests, in keeping with the assessment foreseen in paragraph 48 below.
14.
Financial and material poverty, or conditions directly and uniquely imputable to
such poverty, should never be the only justification for the removal of a child from parental
care, for receiving a child into alternative care, or for preventing his/her reintegration, but
should be seen as a signal for the need to provide appropriate support to the family.
15.
Attention must be paid to promoting and safeguarding all other rights of special
pertinence to the situation of children without parental care, including, but not limited to,
access to education, health and other basic services, the right to identity, freedom of
religion or belief, language and protection of property and inheritance rights.
16.
Siblings with existing bonds should in principle not be separated by placements in
alternative care unless there is a clear risk of abuse or other justification in the best interests
of the child. In any case, every effort should be made to enable siblings to maintain contact
with each other, unless this is against their wishes or interests.
17.
Recognizing that, in most countries, the majority of children without parental care
are looked after informally by relatives or others, States should seek to devise appropriate
means, consistent with the present Guidelines, to ensure their welfare and protection while
in such informal care arrangements, with due respect for cultural, economic, gender and
religious differences and practices that do not conflict with the rights and best interests of
the child.
18.
No child should be without the support and protection of a legal guardian or other
recognized responsible adult or competent public body at any time.
26
GE.09-16766
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