A/HRC/11/L.11
page 51
70.
Special attention should be paid to the quality of alternative care provision, both in
residential and family-based care, in particular with regard to the professional skills, selection,
training and supervision of carers. Their role and functions should be clearly defined and
clarified with respect to those of the child’s parents or legal guardians.
71.
In each country, the competent authorities should draw up a document setting out the rights
of children in alternative care in keeping with the present Guidelines. Children in alternative care
should be enabled to understand fully the rules, regulations and objectives of the care setting and
their rights and obligations therein.
72.
All alternative care provision should be based on a written statement of the provider’s aims
and objectives in providing the service and the nature of their responsibilities to the child that
reflects the standards set by the Convention on the Rights of the Child, the present Guidelines
and applicable law. All providers should be appropriately qualified or approved in accordance
with legal requirements to provide alternative care services.
73.
A regulatory framework should be established to ensure a standard process for the referral
or admission of a child to an alternative care setting.
74.
Cultural and religious practices regarding provision of alternative care, including those
related to gender perspectives, should be respected and promoted to the extent that they can be
shown to be consistent with the children’s rights and best interests. The process of considering
whether such practices should be promoted should be carried out in a broadly participatory way,
involving the cultural and religious leaders concerned, professionals and those caring for
children without parental care, parents and other relevant stakeholders, as well as the children
themselves.
1. Informal care
75.
With a view to ensuring that appropriate conditions of care are met in informal care
provided by individuals or families, States should recognize the role played by this type of care
and take adequate measures to support its optimal provision on the basis of an assessment of
which particular settings may require special assistance or oversight.
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