A/HRC/11/L.11
page 45
37.
States should ensure opportunities for day care, including all-day schooling, and respite
care which would enable parents better to cope with their overall responsibilities towards the
family, including additional responsibilities inherent in caring for children with special needs.
Preventing family separation
38.
Proper criteria based on sound professional principles should be developed and
consistently applied for assessing the child’s and family’s situation, including the family’s actual
and potential capacity to care for the child, in cases where the competent authority or agency has
reasonable grounds to believe that the well-being of the child is at risk.
39.
Decisions regarding removal or reintegration should be based on this assessment and made
by suitably qualified and trained professionals, on behalf of or authorized by a competent
authority, in full consultation with all concerned and bearing in mind the need to plan for the
child’s future.
40.
States are encouraged to adopt measures for the integral protection and guarantee of rights
during pregnancy, birth and the breastfeeding period, in order to ensure conditions of dignity and
equality for the adequate development of the pregnancy and care of the child. Therefore, support
programmes should be provided to future mothers and fathers, particularly adolescent parents,
who have difficulties in exercising their parental responsibilities. Such programmes should aim
at empowering mothers and fathers to exercise their parental responsibilities in conditions of
dignity, and at avoiding their being induced to surrender their child because of their
vulnerability.
41.
When a child is relinquished or abandoned, States should ensure that this may take place in
conditions of confidentiality and safety for the child, respecting his/her right to access
information on his/her origins where appropriate and possible under the law of the State.
42.
States should formulate clear policies to address situations where a child has been
abandoned anonymously, which indicate whether and how family tracing should be undertaken
and reunification or placement within the extended family pursued. Policies should also allow
for timely decision-making on the child’s eligibility for permanent family placement and for
arranging such placements expeditiously.
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