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B.2 Purpose and suitability of residential care
B.3 Need for residential care
548
Cf. Convention on the Rights of the Child, art. 20.
Cf. Guidelines for the Alternative Care of Children, attached to UN General Assembly Resolution 64/142 , February
24, 2010, UN Doc. A/RES/64/142, para. 23.
549
See, inter alia, Committee on the Rights of the Child, Report on the twenty-fifth session, Geneva November 14,
2000, UN Doc. CRC/C/100, paras. 688.22 and 688.24, and Committee on the Rights of the Child, Consideration of
reports submitted by States parties under article 44 of the Convention. Concluding observations: Costa Rica, August 3,
2011, UN Doc. CRC/C/CRI/CO/4, para. 49c). Similarly, see also, Report of the Special Rapporteur on the sale of children,
child prostitution and child pornography, Najat Maalla M'jid, Mission to Guatemala, January 21, 2013, UN Doc.
A/HRC/22/54/Add.1, para. 117.d), and Guidelines for the Alternative Care of Children, attached to UN General Assembly
Resolution 64/142 , February 24, 2010, UN Doc. A/RES/64/142, para. 122.
550
See, inter alia, European Commission, General-Directorate for Employment, Social Affairs and Inclusion, Report of
the Ad Hoc Expert Group on the Transition from Institutional to Community-based Care, September 2009, p. 9.
551
552
Expert opinion of Magdalena Palau Fernández provided by affidavit on May 9, 2017 (evidence file, folio 7022).
The Court understands institutional or residential care to be placement in an institution rather than with a family,
irrespective of the size of the institution and the number of children it can hold. Thus, the terms “institutionalization,”
“institutional care” or “residential care” will be used without this constituting an assessment of the way in which this type
of care was provided.
553