A/HRC/11/37
II. General principles and perspectives
A.
The child and the family
3.
The family being the fundamental group of society and the natural environment for
the growth, well-being and protection of children, efforts should primarily be directed to
enabling the child to remain in or return to the care of his/her parents, or when appropriate,
other close family members. The State should ensure that families have access to forms of
support in the care-giving role.
4.
Every child and young person should live in a supportive, protective and caring
environment that promotes his/her full potential. Children with inadequate or no parental
care are at special risk of being denied such a nurturing environment.
5.
Where the child’s own family is unable, even with appropriate support, to provide
adequate care for the child, or abandons or relinquishes the child, the State is responsible
for protecting the rights of the child and ensuring appropriate alternative care, with or
through competent local authorities and duly authorized civil society organizations. It is the
role of the State, through its competent authorities, to ensure the supervision of the safety,
well-being and development of any child placed in alternative care and the regular review
of the appropriateness of the care arrangement provided.
6.
All decisions, initiatives and approaches falling within the scope of the present
Guidelines should be made on a case-by-case basis, with a view notably to ensuring the
child’s safety and security, and must be grounded in the best interests and rights of the child
concerned, in conformity with the principle of non-discrimination and taking due account
of the gender perspective. They should respect fully the child’s right to be consulted and to
have his/her views duly taken into account in accordance with his/her evolving capacities,
and on the basis of his/her access to all necessary information. Every effort should be made
to enable such consultation and information provision to be carried out in the child’s
preferred language.
6.bis In applying the present Guidelines, determination of the best interests of the child
shall be designed to identify courses of action for children deprived of parental care, or at
risk of being so, that are best suited to satisfying their needs and rights, taking into account
the full and personal development of their rights in their family, social and cultural
environment and their status as subjects of rights, both at the time of the determination and
in the longer term. The determination process should take account of, inter alia, the right of
the child to be heard and to have his/her views taken into account in accordance with
his/her age and maturity.
7.
States should develop and implement comprehensive child welfare and protection
policies within the framework of their overall social and human development policy, with
attention to the improvement of existing alternative care provision, reflecting the principles
contained in the present Guidelines.
8.
As part of efforts to prevent separation of children from their parents, States should
seek to ensure appropriate and culturally sensitive measures:
(a)
To support family care-giving environments whose capacities are limited by
factors such as disabilities; drug and alcohol misuse; discrimination against families with
indigenous or minority backgrounds; and those living in armed conflict regions or under
foreign occupation;
(b)
To provide appropriate care and protection for vulnerable children, such as
child victims of abuse and exploitation; abandoned children; children living on the street;
GE.09-16766
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