A/RES/74/133
Rights of the child
20. Calls upon States to protect children affected by armed conflict, in
particular from violations of international humanitarian law and human rights law,
and to ensure that they receive timely, effective humanitarian assistance, noting the
efforts taken to end impunity by ensuring accountability and punishing perpetrators,
and calls upon the international community to hold those responsible for violations
accountable, inter alia, through the International Criminal Court;
I
Children without parental care
21. Recalls that the Convention on the Rights of the Child recognizes that a
child, for the full and harmonious development of his or her personality and potential,
should grow up in a family environment and that a child temporarily or permanently
deprived of his or her family environment, or in whose own best interests cannot be
allowed to remain in that environment, shall be entitled to special protection and
assistance provided by the State, and that States parties shall, in accordance with their
national laws and their obligations under the relevant international instruments in this
field, ensure safe and appropriate quality alternative care for such a child;
22. Urges all States parties to intensify their efforts to comply with their
obligations under the Convention on the Rights of the Child to preserve the identity
of children, including their nationality, name and family relations, as recognized by
law, to protect children in matters relating to birth registration, family relations and
adoption or other forms of alternative care, recognizing that every effort should be
directed to enabling children to remain in or swiftly return to the care of their parents
or, when appropriate, other close family members and that, where alternative care is
necessary, family and community-based care should be promoted over placement in
institutions;
23. Recalls that the Convention on the Rights of Persons with Disabilities 5
requires all States parties to ensure the full enjoyment by children with disabilities of
all human rights and fundamental freedoms on an equal basis with other children,
including with respect to family life;
24. Reaffirms that children shall not be separated from their parents against
their will except when competent authorities, subject to judicial review, determine , in
accordance with applicable law and procedures, that such separation is necessary for
the best interests of the child and that such determination may be necessary in a
particular case such as one involving abuse or neglect of the child by the paren ts or
one where the parents are living separately and a decision must be made as to the
child’s place of residence;
25. Also reaffirms that a child shall not be deprived of his or her liberty
unlawfully or arbitrarily and that the arrest, detention or imprisonment of a child shall
be in conformity with the law and shall be used only as a measure of last resort and
for the shortest appropriate period of time, and that every child deprived of liberty
shall be treated with humanity and respect for the inherent dignity of the human
person, and in a manner which takes into account the needs of persons of his or
her age;
26. Notes that children without parental care are more likely than their peers
to experience human rights violations, such as exclusion, violence, abuse, neglect and
exploitation, and in this regard expresses deep concern on the potential harm of
institutionalization and institutional care to children’s growth and development;
27. Recognizes that many children living without parental care have families,
including at least one parent alive and/or relatives, and in this regard encourages
actions to achieve family reunification unless it is not in the best interests of the child;
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