A/HRC/11/37
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-today 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 nongovernmental 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 appropriate training and professional support in this regard. They
should be in a position to make independent and impartial decisions that are in the best
interests of the children concerned and that promote and safeguard each child’s welfare.
103. The role and specific responsibilities of the designated person or entity should
include:
(a)
Ensuring that the rights of the child are protected and that, in particular, the
child has appropriate care, accommodation, health-care provision, developmental
opportunities, psychosocial support, education and language support;
(b)
Ensuring that the child has access to legal and other representation where
necessary, consulting with the child so that the child’s views are taken into account by
decision-making authorities, and advising and keeping the child informed of his/her rights;
(c)
interests;
Contributing to the identification of a stable solution in the child’s best
(d)
Providing a link between the child and various organizations that may
provide services to the child;
(e)
GE.09-16766
Assisting the child in family tracing;
37
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