A/HRC/11/L.11
page 38
12.
Children must be treated with dignity and respect at all times and must benefit from
effective protection from abuse, neglect and all forms of exploitation, whether on the part of care
providers, peers or third parties, in whatever care setting they may find themselves.
13.
Removal of a child from the care of the family should be seen as a measure of last resort
and should be, whenever possible, temporary and for the shortest possible duration. Removal
decisions should be regularly reviewed and the child’s return to parental care, once the original
causes of removal have been resolved or have disappeared, should be in the child’s best interests,
in keeping with the assessment foreseen in paragraph 48 below.
14.
Financial and material poverty, or conditions directly and uniquely imputable to such
poverty, should never be the only justification for the removal of a child from parental care, for
receiving a child into alternative care, or for preventing his/her reintegration, but should be seen
as a signal for the need to provide appropriate support to the family.
15.
Attention must be paid to promoting and safeguarding all other rights of special pertinence
to the situation of children without parental care, including, but not limited to, access to
education, health and other basic services, the right to identity, freedom of religion or belief,
language and protection of property and inheritance rights.
16.
Siblings with existing bonds should in principle not be separated by placements in
alternative care unless there is a clear risk of abuse or other justification in the best interests of
the child. In any case, every effort should be made to enable siblings to maintain contact with
each other, unless this is against their wishes or interests.
17.
Recognizing that, in most countries, the majority of children without parental care are
looked after informally by relatives or others, States should seek to devise appropriate means,
consistent with the present Guidelines, to ensure their welfare and protection while in such
informal care arrangements, with due respect for cultural, economic, gender and religious
differences and practices that do not conflict with the rights and best interests of the child.
18.
No child should be without the support and protection of a legal guardian or other
recognized responsible adult or competent public body at any time.
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