A/HRC/11/L.11
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consideration and should receive a favourable response wherever possible and appropriate. The
enhanced implementation of the present Guidelines should figure in development cooperation
programmes. When providing assistance to a State, foreign entities should abstain from any
initiative inconsistent with the Guidelines.
25.
Nothing in the present Guidelines should be interpreted as encouraging or condoning lower
standards than those that may exist in given States, including in their legislation. Similarly,
competent authorities, professional organizations and others are encouraged to develop national
or professionally-specific guidelines that build upon the letter and spirit of the present
Guidelines.
III. SCOPE OF THE GUIDELINES
26.
The present Guidelines apply to the appropriate use and conditions of alternative formal
care for all persons under the age of 18 years, unless under the law applicable to the child
majority is attained earlier. Only where indicated do the Guidelines also apply to informal care
settings, having due regard for both the important role played by the extended family and
community and the obligations of States for all children not in the care of their parents or legal
and customary caregivers, as set out in the Convention on the Rights of the Child.
27.
Principles in the present Guidelines are also applicable, as appropriate, to young persons
already in alternative care and who need continuing care or support for a transitional period after
reaching the age of majority under applicable law.
28.
For the purposes of the present Guidelines, and subject notably to the exceptions listed in
paragraph 29 below, the following definitions shall apply:
(a)
Children without parental care: all children not in the overnight care of at least one of
their parents, for whatever reason and under whatever circumstances. Children without parental
care who are outside their country of habitual residence or victims of emergency situations may
be designated as:
(i)
“Unaccompanied” if they are not cared for by another relative or an adult who
by law or custom is responsible for doing so; or
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