A/HRC/11/37
19.
The provision of alternative care should never be undertaken with a prime purpose
of furthering the political, religious or economic goals of the providers.
20.
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.
21.
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.
22.
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
23.
States should, to the maximum extent of their available resources and, where
appropriate, in 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.
24.
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.
25.
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
26.
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 community and the obligations of States for all children not in the care of their
GE.09-16766
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