A/HRC/11/37
86.
The specific safety, health, nutritional, developmental and other needs of babies and
young children, including those with special needs, should be catered for in all care
settings, including ensuring their ongoing attachment to a specific carer.
87.
Children should be allowed to satisfy the needs of their religious and spiritual life,
including by receiving visits from a qualified representative of their religion, and to freely
decide to participate or not in religious services, religious education or counselling. The
child’s own religious background should be respected, and no child should be encouraged
or persuaded to change his/her religion or belief during a care placement.
88.
All adults responsible for children should respect and promote the right to privacy,
including appropriate facilities for hygiene and sanitary needs, respecting gender
differences and interaction, and adequate, secure and accessible storage space for personal
possessions.
89.
Carers should understand the importance of their role in developing positive, safe
and nurturing relationships with children, and be able to do so.
90.
Accommodation in all alternative care settings should meet the requirements of
health and safety.
91.
States must ensure through their competent authorities that accommodation provided
to children in alternative care, and their supervision in such placements, enable them to be
effectively protected against abuse. Particular attention needs to be paid to the age, maturity
and degree of vulnerability of each child in determining his/her living arrangements.
Measures aimed at protecting children in care should be in conformity with the law and not
involve unreasonable constraints on their liberty and conduct in comparison with children
of similar age in their community.
92.
All alternative care settings should provide adequate protection to children from
abduction, trafficking, sale and all other forms of exploitation. Any consequent constraints
on their liberty and conduct should be no more than are strictly necessary to ensure their
effective protection from such acts.
93.
All carers should promote and encourage children and young people to develop and
exercise informed choices, taking account of acceptable risks and the child’s age, and
according to his/her evolving capacities.
94.
States, agencies and facilities, schools and other community services should take
appropriate measures to ensure that children in alternative care are not stigmatized during
or after their placement. This should include efforts to minimize the identification of the
child as being looked after in an alternative care setting.
95.
All disciplinary measures and behaviour management constituting torture, cruel,
inhuman or degrading treatment, including closed or solitary confinement or any other
forms of physical or psychological violence that are likely to compromise the physical or
mental health of the child, must be strictly prohibited in conformity with international
human rights law. States must take all necessary measures to prevent such practices and
ensure that they are punishable by law. Restriction of contact with members of the child’s
family and other persons of special importance to the child should never be used as a
sanction.
96.
Use of force and restraints of whatever nature should not be authorized unless
strictly necessary for safeguarding the child’s or others’ physical or psychological integrity,
in conformity with the law and in a reasonable and proportionate manner and with respect
for the fundamental rights of the child. Restraint by means of drugs and medication should
be based on therapeutic needs and should never be employed without evaluation and
prescription by a specialist.
36
GE.09-16766
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