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, the current efforts of the Commission on Human Rights to elaborate a draft Convention on the Rights of the Child, Taking note of the report of the Economic and Social Council 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, Bearing in mind the reports of the Secretary-General, containing views of the Member States on the text of the draft Declaration, Noting that the first of the above-mentioned reports contains, in section VI, entitled "Conclusion", some proposed amendments and reformulations of certain articles based on comments by Member States, Fully aware of the sovereign right of Governments to define their national and international policies as regards the protection and welfare of children, including foster placement and adoption, Recognizing that it is the reponsibility 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 good 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, Noting that the further views of Member States on the draft Declaration as well as on the amendments and reformulations of certain articles contained in section VI of the report of the Secretary-General would provide helpful guidance for further efforts to elaborate a generally agreed draft Declaration,

1. Requests the Secretary-General:

(a) To circulate to Member States, for their views, 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 as well as the conclusions contained in the reports of the Secretary-General;

(b) To submit to the General Assembly at its thirty-eighth session a report containing the views of Member States;

2. Decides to resume consideration of this item at its thirty-eighth session and to determine at that session the most appropriate course of further action.