CRC/GC/2005/6
page 11
(g)
Confidentiality
29.
States parties must protect the confidentiality of information received in relation to an
unaccompanied or separated child, consistent with the obligation to protect the child’s rights,
including the right to privacy (art. 16). This obligation applies in all settings, including health
and social welfare. Care must be taken that information sought and legitimately shared for one
purpose is not inappropriately used for that of another.
30.
Confidentiality concerns also involve respect for the rights of others. For example, in
obtaining, sharing and preserving the information collected in respect of unaccompanied and
separated children, particular care must be taken in order not to endanger the well-being of
persons still within the child’s country of origin, especially the child’s family members.
Furthermore, information relating to the whereabouts of the child shall only be withheld vis-à-vis
the parents where required for the safety of the child or to otherwise secure the “best interests” of
the child.
V. RESPONSE TO GENERAL AND SPECIFIC PROTECTION NEEDS
(a)
Initial assessment and measures
31.
The best interests of the child must also be a guiding principle for determining the
priority of protection needs and the chronology of measures to be applied in respect of
unaccompanied and separated children. This necessary initial assessment process, in particular,
entails the following:
(i)
Prioritized identification of a child as separated or unaccompanied immediately
upon arrival at ports of entry or as soon as their presence in the country becomes
known to the authorities (art. 8). Such identification measures include age
assessment and should not only take into account the physical appearance of the
individual, but also his or her psychological maturity. Moreover, the assessment
must be conducted in a scientific, safe, child and gender-sensitive and fair manner,
avoiding any risk of violation of the physical integrity of the child; giving due
respect to human dignity; and, in the event of remaining uncertainty, should accord
the individual the benefit of the doubt such that if there is a possibility that the
individual is a child, she or he should be treated as such;
(ii)
Prompt registration by means of an initial interview conducted in an
age-appropriate and gender-sensitive manner, in a language the child understands,
by professionally qualified persons to collect biodata and social history to ascertain
the identity of the child, including, wherever possible, identity of both parents,
other siblings, as well as the citizenship of the child, the siblings and the parents;
(iii)
In continuation of the registration process, the recording of further information in
order to meet the specific needs of the child. This information should include:
− Reasons for being separated or unaccompanied;
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos