Original HRC document

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Document Type: Final Resolution

Date: 2008 Sep

Session: 9th Regular Session (2008 Sep)

Agenda Item:

Topic: Children

Human Rights Council

9/13. Draft United Nations guidelines for the appropriate use and conditions of alternative care for children

The Human Rights Council,

Reaffirming the Universal Declaration of Human Rights and the Convention on the Rights

of the Child, which stipulates, inter alia, that in all actions concerning children, the best interests

of the child shall be a primary consideration,

Recalling and welcoming the international discussion launched in 2004 by the Committee

on the Rights of the Child on the subject of children deprived of parental care,

Recalling also and welcoming the initiative of the Committee on the Rights of the Child

which, in 2005, devoted its annual day of general discussion to the issue of children deprived of

parental care,

Recalling further and welcoming the recommendation of the Committee on the Rights of

the Child that the international community should engage in the preparation of guidelines on

alternative care, to be considered and adopted by the General Assembly,

Recalling the intergovernmental meeting of experts to review the draft United Nations

guidelines for the protection of children without parental care, held in Brasilia, in August 2006,

based on the initial draft produced by experts and followed by the Committee on the Rights of

the Child, and recognising the importance of that meeting for the process,

Recalling also and welcoming the discussions held by the Council, which included joint

statements by the Group of Friends, UNICEF and civil society representatives at its sixth

session, resolution 7/29 adopted by consensus at its seventh session, and the high-level panel

with broad participation held during the eighth session of the Council,

Recalling resolution 60/251 of the General Assembly, in which the Assembly established

the Council as the body responsible for promoting universal respect for the protection of all

human rights and fundamental freedoms for all,

page 2 Reaffirming the importance of the protection, wellbeing and rights of children who are in

need of alternative care or who are at risk of becoming so, as recognized by the General

Assembly in its resolution 62/141,

Also reaffirming paragraph 20 of Council resolution 7/29, where it encourages the

advancement of the draft United Nations guidelines for the appropriate use and conditions of

alternative care for children;

1. Takes note of the draft United Nations guidelines for the appropriate use and

conditions of alternative care for children;

2. Requests the United Nations High Commissioner for Human Rights to assist in

raising awareness by circulating, immediately, the draft United Nations guidelines with a view to

give full knowledge of it to all members and observers of the Council;

3. Invites States to dedicate all their efforts, in a transparent process, with a view to

taking possible action on the draft United Nations guidelines at its tenth session.

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