A/HRC/11/37
126. Laws, policies and regulations should prohibit the recruitment and solicitation of
children for placement in residential care by agencies, facilities or individuals.
D.
Inspection and monitoring
127. Agencies, facilities and professionals involved in care provision should be
accountable to a specific public authority, which should ensure, inter alia, frequent
inspections comprising both scheduled and unannounced visits, involving discussion with
and observation of the staff and the children.
128. To the extent possible and appropriate, inspection functions should include a
component of training and capacity-building for care providers.
129. States should be encouraged to ensure that an independent monitoring mechanism is
in place, with due consideration for the Principles relating to the Status of National
Institutions for the Promotion and Protection of Human Rights (Paris Principles). The
monitoring mechanism should be easily accessible to children, parents and those
responsible for children without parental care. The functions of the monitoring mechanism
should include:
(a)
Consulting in conditions of privacy with children in all forms of alternative
care, visiting the care settings in which they live and undertaking investigations into any
alleged situation of violation of children’s rights in those settings, on complaint or on its
own initiative;
(b)
Recommending relevant policies to appropriate authorities with the aim of
improving the treatment of children deprived of parental care and ensuring that it is in
keeping with the preponderance of research findings on child protection, health,
development and care;
(c)
Submitting proposals and observations concerning draft legislation;
(d)
Contributing independently to the reporting process under the Convention on
the Rights of the Child, including to periodic State party reports to the Committee on the
Rights of the Child with regard to the implementation of the present Guidelines.
E.
Support for aftercare
130. Agencies and facilities should have a clear policy and carry out agreed procedures
relating to the planned and unplanned conclusion of their work with children to ensure
appropriate aftercare and/or follow-up. Throughout the period of care, they should
systematically aim at preparing the child to assume self-reliance and to integrate fully in the
community, notably through the acquisition of social and life skills, which are fostered by
participation in the life of the local community.
131. The process of transition from care to aftercare should take into consideration the
child’s gender, age, maturity and particular circumstances and include counselling and
support, notably to avoid exploitation. Children leaving care should be encouraged to take
part in the planning of aftercare life. Children with special needs, such as disabilities,
should benefit from an appropriate support system, ensuring, inter alia, avoidance of
unnecessary institutionalization. Both the public and private sectors should be encouraged,
including through incentives, to employ children from different care services, particularly
children with special needs.
132. Special efforts should be made to allocate to each child, whenever possible, a
specialized person who can facilitate his/her independence when leaving care.
40
GE.09-16766
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