A/HRC/11/L.11
page 54
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.
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