Decisions affecting the family should only be made by public authorities after an
investigation conducted in accordance with the rules of natural justice;
q. Where children have been removed from the care of their parents, the state
must take steps in order to make it possible for the children to be ultimately
returned unless this is not in their best interests. Children separated from one
or both parents shall be allowed access to that parent, unless this is not in their
best interests;
r. Ensure equality of rights and responsibilities of spouses with regard to children
during marriage and in the event of its dissolution. States should further ensure
that parents make provision for children at the dissolution of a marriage;
s. Ensure that all children have their rights protected in all spheres of life
regardless of whether they were born in or outside wedlock, xxxix including rights
to maintenance;
t. Ensure that children who have lost their parents are protected, receive care
either directly from the state or through other institutions regulated and
supervised by the State, or through adoption and fostering procedures
implemented in accordance with the best interests of the child, and to guard
against the exploitation and abuse of children who do not have parents or only
have one parent. Inter-country adoption may be applied as a last option, in the
interests of the child, through the implementation of a regulated adoption
process and only to residents of countries that are party to the Convention on
the Rights of the Child or the African Charter on the Rights and Welfare of the
Child;
u. Ensure that, where parents and children are living in different countries, or in
different areas within one country, states facilitate contacts and deal with
requests to enter or leave a state party for the purpose of reunification in a
humane and expeditious manner;
v. Institute, in post conflict situations, tracing and reunification programmes in
cooperation with international and intergovernmental groups;
w. Favourably consider granting equal treatment to family members of migrant
workers regarding settlement rights. Members of the families of migrant
workers shall enjoy equality of treatment with nationals with regard to access to
education, social and health services and participation in cultural life;
x. Ensure that children of migrant workers have the right to name, registration of
birth and to a nationality;
y. Favourably consider, in the case of the death of a migrant worker or dissolution
of marriage, granting family members of that migrant worker residing in that
state an authorization to stay;
z. Ensure that women and girls are not denied enjoyment of their rights because
of a disproportional share of child care and other domestic responsibilities
within the family;
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