A/HRC/11/L.11
page 63
146. In order to assist in planning the future of an unaccompanied or separated child in a
manner that best protects his/her rights, relevant State and social service authorities should make
all reasonable efforts to procure documentation and information in order to conduct an
assessment of the child’s risk and social and family conditions in his/her country of habitual
residence.
147. Unaccompanied or separated children must not be returned to their country of habitual
residence:
(a)
If, following the risk and security assessment, there are reasons to believe that the
child’s safety and security are in danger;
(b)
Unless, prior to the return, a suitable caregiver, such as a parent, other relative, other
adult caretaker, a Government agency or an authorized agency or facility in the country of origin,
has agreed and is able to take responsibility for the child and provide him/her with appropriate
care and protection;
(c)
If, for other reasons, it is not in their best interests, according to the assessment of the
competent authorities.
148. With the above aims in mind, cooperation among States, regions, local authorities and civil
society associations should be promoted, strengthened and enhanced.
149. The effective involvement of consular services or, failing that, legal representatives of the
country of origin should be foreseen, when this is in the best interests of the child and would not
endanger the child or his/her family.
150. Those responsible for the welfare of an unaccompanied or separated child should facilitate
regular communication between the child and his/her family, except where this is against the
child’s wishes or is demonstrably not in his/her best interests.
151. Placement with a view to adoption or kafala of Islamic law should not be considered a
suitable initial option for an unaccompanied or separated child. States are encouraged to consider
this option only after efforts to determine the location of his/her parents, extended family or
habitual carers have been exhausted.
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