Draft Declaration on Social and Legal Principles relating to the Protection and Welfare of Children, with Special Reference to Foster Placement and Adoption Nationally and Internationally

 

RESOLUTION ADOPTED BY THE GENERAL ASSEMBLY
Draft Declaration on Social and Legal Principles relating to the Protection and Welfare of Children, with Special Reference to Foster Placement and Adoption Nationally and Internationally

  The General Assembly, Recalling its resolution 36/167 of 16 December 1981, whereby it decided, inter alia, that appropriate measures should be taken to finalize the draft Declaration on Social and Legal Principles relating to the Protection and Welfare of Children, with Special Reference to Foster Placement and Adoption Nationally and Internationally, Noting, in this connection, that the work of the Commission on Human Rights on the draft Convention on the Rights of the Child is soon to be completed, Bearing in mind the reports of the Secretary-General of 8 September 1980, 19 October 1982, 6 October 1983 and 10 September 1984, containing the views of Member States on the text of the draft Declaration, Fully aware of the sovereign right of Governments to define their national and international policies in accordance with their legal systems as regards the protection and welfare of children, including foster placement, adoption and guardianship, as appropriate, Bearing in mind the existence of different national legislation in the field of the protection and welfare of children, Recognizing that it is the responsibility of Governments to determine the adequacy of their national services for children and to recognize those children whose needs are not being met by existing services, Noting the usefulness of regional co-operation in matters regarding the well-being of children, Recognizing that the best child welfare is good family welfare and that, when family care is unavailable or inappropriate, substitute family care should be considered, in conformity with national legislation, Convinced that adoption of the draft Declaration will promote the well-being of children with special needs,

1. Appeals to Member States representing different legal systems to undertake consultations on the draft Declaration on Social and Legal Principles relating to the Protection and Welfare of Children, with Special Reference to Foster Placement and Adoption Nationally and Internationally, with a view to finding out the extent to which they would join the common endeavour of completing the work thereon;

2. Also appeals to the Member States that will take part in the consultations to submit, before the forty-first session of the General Assembly, a paper containing their common conclusions on the matter,

including, if appropriate, their suggestions as to the procedure and forum for future work;

3. Requests the Secretary-General to circulate the paper referred to in paragraph 2 above to Member States with a view to obtaining their comments thereon, including their views as to the procedure and forum for future work, and to submit a report to the General Assembly at its forty-first session;

4. Decides to include in the provisional agenda of its forty-first session the item entitled "Draft Declaration on Social and Legal Principles relating to the Protection and Welfare of Children, with Special Reference to Foster Placement and Adoption Nationally and Internationally".