A/HRC/11/37
(b)
To develop, as necessary, temporary and long-term family-based care;
(c)
To use residential care only as a temporary measure until family-based care
can be developed;
(d)
To prohibit the establishment of new residential facilities structured to
provide simultaneous care to large groups of children on a permanent or long-term basis;
(e)
To prevent the cross-border displacement of children, except under the
circumstances described in paragraph 159 below;
(f)
To make cooperation with family tracing and reintegration efforts mandatory.
Preventing separation
154. Organizations and authorities should make every effort to prevent the separation of
children from their parents or primary caregivers, unless the best interests of the child so
require, and ensure that their actions do not inadvertently encourage family separation by
providing services and benefits to children alone rather than to families.
155. Separations initiated by the child’s parents or other primary caregivers should be
prevented by:
(a)
Ensuring that all households have access to basic food and medical supplies
and other services, including education;
(b)
Limiting the development of residential care options and restricting their use
to those situations where it is absolutely necessary.
B.
Care arrangements
156. Communities should be supported to play an active role in monitoring and
responding to care and protection issues facing children in their local context.
157. Care within a child’s own community, including fostering, should be encouraged, as
it provides continuity in socialization and development.
158. As unaccompanied or separated children may be at heightened risk of abuse and
exploitation, monitoring and specific support to carers should be foreseen to ensure their
protection.
159. Children in emergency situations should not be moved to a country other than that of
their habitual residence for alternative care except temporarily for compelling health,
medical or safety reasons. In that case, this should be as close as possible to their home,
they should be accompanied by a parent or caregiver known to the child, and a clear return
plan should be established.
160. Should family reintegration prove impossible within an appropriate period or be
deemed contrary to the child’s best interests, stable and definitive solutions, such as kafala
of Islamic law or adoption, should be envisaged; failing this, other long-term options should
be considered, such as foster care or appropriate residential care, including group homes
and other supervised living arrangements.
C.
Tracing and family reintegration
161. Identifying, registering and documenting unaccompanied or separated children are
priorities in any emergency and should be carried out as quickly as possible.
GE.09-16766
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