3.2 Key Recommendations
on the best interests of the child, and subject
to international legal requirements for family
separation. When the best-interests determination cannot be undertaken in compliance
with the requirement under Article 9 of the
Convention on the Rights of the Child, children
will accordingly need to be repatriated with
their mothers.
123. The following are key recommendations:
Family unity
a. All children have the right to family unity.
Do not separate children from their parents
and family, unless separation is determined
to be in their best interests by a competent
authority subject to judicial review. If separation is necessary, it should be for the shortest
period
consistent
with
the
child’s
best interests.
b. Do not separate a child from her or his family
whenever possible, as separation has significant impact on the child’s development, except if it is in the child’s best interests. A child
must not be separated from the parent if less
intrusive measures could protect the child.
Separation should be a last resort in cases
that present a clear risk of harm to the child
and other less intrusive measures cannot be
taken to protect the child.
c. Ensure to the extent possible that siblings
with existing bonds are not separated and
remain together, when that is determined to
be in the child’s best interests.
d. Promote family unity through prevention of
family separation, identification and care of
separated children, and family tracing and
reunification.
In determining separation
e. Make any decision that might lead to family
separation, including for repatriation, using
processes that have procedural safeguards,
with a child-centered approach and based
f.
Ensure that the best interests of the child
assessment and when necessary, best-interests
determinations are done promptly, by a competent authority or qualified professional(s). If
such actions cannot be taken in the country
where the child is residing, they should be repatriated with the parent and such determinations should be made in the country of origin.
g. For any decisions regarding a child, institute
safeguards to ensure participation of the
child, based on the child’s evolving capacities, in making the assessment and determination based on his or her own best interests.
The parents or primary caregivers of the child
must also be given an opportunity to participate and make their views known, to the extent possible.
h. Review separation periodically or in fixed intervals to determine whether it remains
necessary.
Protection required if separation is necessary
i.
When a child is being separated from the
parent, provide information and notice to the
parent and child so that they can say goodbye and minimize the trauma of separation
for both. Particularly for cases of separation
due to repatriation, sufficient advance notice
(at least several days) should be provided for
both child and parent with specific informa-
57.