140.
Such
repatriation
may
be
most
appropriate, when it is recognized that the child
of a non-resident foreign person may not have
an appropriate caretaker in the country in which
the parent is detained.278 The parent should
be able and encouraged to contact consular
officials in the country of origin where the child’s
reunification with family members is to take
place.279
141.
Following the application or informed
consent of the parent concerned, the transfer of
the parent to his or her home country should also
be considered as early as possible, when relevant
bilateral or multi-lateral agreements are
in place.280 Such a transfer is particularly
important if the child is already in his or her home
country. Transferring adult prisoners who are
parents to serve their sentences in their own
countries, if they so wish, should be explored
as soon as possible after sentencing in the host
country.281
4.2
Key Recommendations
142.
The following actions are recommended:
Consular assistance
a. Provide consular assistance when and where
possible, including, if necessary, through a third
party, when there is good reason to indicate the
presence of child citizens in need of protection.
b. Establish a best-interests process for children, including best-interests assessments,
as soon as a child citizen’s presence is confirmed. Such processes can be undertaken through a qualified third party when
best-interests procedures are not available in
the place where the child is residing. However, lack of timely best-interests procedures should not delay repatriation; in such
situations, children and parents should be
repariated together and procedures undertaken as soon as possible after repatriation
with their full participation.
c. Host and home countries should cooperate,
when possible, to expedite the process taking
into consideration the best interests of the
child.
278 UNODC, Commentary to the Bangkok Rules (2011),
commentary on rule 53(1).
279
Ibid.
280 The Bangkok Rules (2010), rule 53(1).
281 UNODC, Commentary on the Bangkok Rules (2011), rule
53(1).
64.
d. In case of a parent’s denationalization, the
child’s repatriation to the country of origin
or the decision for him or her to remain with
the parent in the host country must be determined as expeditiously as possible with
the consent of the parent, based on an
individualized best-interests assessment and
decision.
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