A/HRC/11/L.11
page 36
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.
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