Guardianship | Better Care Network

Guardianship

A guardian is a legally appointed adult representative for a child. The guardian's function is to ensure that a child’s rights are upheld and the child's best interests are protected. The existence, process and duties of a guardian will vary from country to country. When no formal guardian system exists, alternative systems can be created for having a legally recognised representative for a child. This is particularly important when children are likely to be orphaned or made vulnerable by HIV/AIDS, or unprotected by adult caretakers such as child-headed households.

Guardians are particularly beneficial when there are disagreements regarding the care of a child between the family, child, or local authority. In such instances the guardian may undertake an independent assessment of the child’s needs, and will spend time with the child to understand his or her opinions. They usually represent the child in legal proceedings, providing evidence and recommendations regarding the care plan for the child. The guardian may be appointed by the local authority or selected by the child or family.

In countries which do not have a system of guardianship, it is the protection workers responsibility to uphold the child’s rights and act in his/her best interests. This requires a thorough assessment of the child’s needs, listening to the child, and developing a permanent care plan which ideally results in the successful reunification of the child with their family.

This section contains papers relating to the importance and use of guardians in care planning.

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Directrices sobre las modalidades alternativas de cuidado de los niños

UN General Assembly A/RES/64/142, 24 Feb 2010

Las directrices sobre las modalidades alternativas de cuidado de los niños fueron endosados por la Asamblea General de las Naciones Unidas el 20 de noviembre de 2009, en conexión con el 20a aniversario de la Convención de los Derechos del Niño de la ONU.

Guidelines for the Alternative Care of Children - Russian

UN General Assembly A/RES/64/142, 24 Feb 2010

Guidelines for the Alternative Care of Children - Arabic

UN General Assembly A/RES/64/142, 24 Feb 2010

The Guidelines for the Alternative Care of Children were endorsed by the United Nations General Assembly on 20th November 2009, in connection with the 20th anniversary of the UN Convention on the Rights of the Child. This momentous day marked a culmination of years of discussions and negotiations led by the Government of Brazil, in partnership with Group of Friends and civil society.

Resolutions and Decisions adopted by the General Assembly during its sixty-fourth session

United Nations General Assembly (UNGA), 2010

The present volume contains the resolutions adopted by the General Assembly from 15 September to 24 December 2009, including the Guidelines for the Alternative Care of Children on page 376.

Family Stress: Safeguarding Young Children's Care Environment

Bernard van Leer Foundation, 01 Jun 2009

Examines the most effective ways of dealing with and diminishing parental stress, and what are the factors that contribute to children’s resilience and coping mechanisms in challenging care environments in particular contexts

The Social Work Curriculum Development Advocacy Paper

UNICEF Afghanistan, 01 Feb 2009

This paper outlines a vision for the network of services, policies, and programmes necessary to protect children at risk and enable them to reach their full potential, free from violence, exploitation, and abuse.

Say and play: A tool for young children and those who care for them

Dr Jonathan Brakarsh, 2009

Say and Play is an interactive tool designed for orphans and vulnerable children from three to six years old and those who care for them. It uses pictures, stories and games to help children talk about their lives and, through these activities, it guides adults to identify and support the emotional and social needs of children.

Toolkit for Positive Change: Providing Family-Focused, Results-Driven and Cost-Effective Programming for Orphans and Vulnerable Children

Save the Children Federation, 2009

Documents the strategies of The Positive Change: Children, Communities and Care (PC3) Program - a five-year (2004-2009) integrated and comprehensive program designed to provide care and support to more than half a million orphaned and vulnerable children and their families throughout the country of Ethiopia.