A/HRC/11/37
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.
43.
When a public or private agency or facility is approached by a parent or legal
guardian wishing to relinquish a child permanently, the State should ensure that the family
receives counselling and social support to encourage and enable them to continue to care
for the child. If this fails, a social worker or other appropriate professional assessment
should be undertaken to determine whether there are other family members who wish to
take permanent responsibility for the child, and whether such arrangements would be in the
child’s best interests. Where such arrangements are not possible or in the child’s best
interests, efforts should be made to find a permanent family placement within a reasonable
period.
44.
When a public or private agency or facility is approached by a parent or caregiver
wishing to place a child in care for a short or indefinite period, the State should ensure the
availability of counselling and social support to encourage and enable them to continue to
care for the child. A child should be admitted to alternative care only when such efforts
have been exhausted and acceptable and justified reasons for entry into care exist.
45.
Specific training should be provided to teachers and others working with children, in
order to help them to identify situations of abuse, neglect, exploitation or risk of
abandonment and to refer such situations to competent bodies.
46.
Any decision to remove a child against the will of his/her parents must be made by
competent authorities, in accordance with applicable law and procedures and subject to
judicial review, the parents being assured the right of appeal and access to appropriate legal
representation.
47.
When the child’s sole or main carer may be the subject of deprivation of liberty as a
result of preventive detention or sentencing decisions, non-custodial remand measures and
sentences should be taken in appropriate cases wherever possible, the best interests of the
child being given due consideration. States should take into account the best interests of the
child when deciding whether to remove children born in prison and children living in prison
with a parent. The removal of such children should be treated in the same way as other
instances where separation is considered. Best efforts should be made to ensure that
children remaining in custody with their parent benefit from adequate care and protection,
while guaranteeing their own status as free individuals and access to activities in the
community.
GE.09-16766
31
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents