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.

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