A/HRC/11/L.11
page 62
138. To ensure appropriate international cooperation and child protection in such situations,
States are encouraged to ratify or accede to the Hague Convention of 19 October 1996 on
Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in Respect of Parental
Responsibility and Measures for the Protection of Children.
B. Provision of care for a child already abroad
139. The present Guidelines, as well as other relevant international provisions, should apply to
all public and private entities and all persons involved in arrangements for a child needing care
while in a country other than his/her country of habitual residence, for whatever reason.
140. Unaccompanied or separated children already abroad should in principle enjoy the same
level of protection and care as national children in the country concerned.
141. In determining appropriate care provision, the diversity and disparity of unaccompanied or
separated children (such as ethnic and migratory background or cultural and religious diversity)
should be taken into consideration on a case-by-case basis.
142. Unaccompanied or separated children, including those who arrive irregularly in a country,
should not be, in principle, deprived of their liberty solely for having breached any law
governing access to and stay within the territory.
143. Child victims of trafficking should neither be detained in police custody nor subjected to
penalties for their involvement under compulsion in unlawful activities.
144. As soon as an unaccompanied child is identified, States are strongly encouraged to appoint
a guardian or, where necessary, representation by an organization responsible for his/her care
and well-being to accompany the child throughout the status determination and decision-making
process.
145. As soon as an unaccompanied or separated child is taken into care, all reasonable efforts
should be made to trace his/her family and re-establish family ties, when this is in the best
interests of the child and would not endanger those involved.
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