A/HRC/11/L.11
page 55
97.
Children in care should be offered access to a person of trust in whom they may confide in
total confidentiality. This person should be designated by the competent authority with the
agreement of the child concerned. The child should be informed that legal or ethical standards
may require breaching confidentiality under certain circumstances.
98.
Children in care should have access to a known, effective and impartial mechanism
whereby they can notify complaints or concerns regarding their treatment or conditions of
placement. Such mechanisms should include initial consultation, feedback, implementation and
further consultation. Young people with previous care experience should be involved in this
process, due weight being given to their opinions. This process should be conducted by
competent persons trained to work with children and young people.
99.
To promote the child’s sense of self-identity, a life story book comprising appropriate
information, pictures, personal objects and mementoes regarding each step of the child’s life
should be maintained with the child’s participation and made available to the child throughout
his/her life.
B. Legal responsibility for the child
100. In situations where the child’s parents are absent or are incapable of making day-to-day
decisions in the best interests of the child, and the child’s placement in alternative care has been
ordered or authorized by a competent administrative body or judicial authority, a designated
individual or competent entity should be vested with the legal right and responsibility to make
such decisions in the place of parents, in full consultation with the child. States should ensure
that a mechanism is in place for designating such an individual or entity.
101. Such legal responsibility should be attributed by the competent authorities and be
supervised directly by them or through formally accredited entities, including non-governmental
organizations. Accountability for the actions of the individual or entity concerned should lie with
the designating body.
102. Persons exercising such legal responsibility should be reputable individuals with relevant
knowledge of children’s issues, an ability to work directly with children, and an understanding of
any special and cultural needs of the children to be entrusted to them. They should receive
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