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Ensuring Respect for the Best Interests of Children on the Move in Europe
Jyothi Kanics20th November 2015
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Lack of…
• implementation of the Convention on the Rights of the Child
• harmonized standards for reception and care
• procedures for listening to the child
• procedures for determining the child’s best interests
Leads to…
• discrimination
• lack of protection
• lack of durable solutions – children “ageing out”
• disappearances
• irregular status
• violations and exploitation
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CRC General Measures of Implementation
Removal of Reservations to the CRC Ratification of relevant treaties National action plans National coordination mechanisms Data collection and analysis Legislative reform
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CRC General Measures of Implementation
Awareness raising & training National Human Rights Institutions Participation of civil society International co-operation Resource allocation and budgeting Child Rights Impact Assessments
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Best Interests
of the Child
from Principle
to Practice
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A durable solution is:
a sustainable solution
that ensures that the unaccompanied or separated child is able to develop into adulthood,
in an environment which will meet his or her needs
and fulfil his or her rights as defined by the Convention on the Rights of the Child
and will not put the child at risk of persecution or serious harm.
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Features of a Best Interests Determination
• Informed by the Convention on the Rights of the Child
• Holistic (examining all rights and needs of the child)
• Ensures child’s participation
• Considers a range of solutions
• Well documented including written reasoned decision (-/+)
• Multi-disciplinary – to examine different aspects holistically
• Independent and impartial
• Due process – including right to appeal and possibility to reopen
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UNHCR ExCom Conclusion 107 on Children at Risk (2007)
Within the framework of the respective child protection systems of States, utilize appropriate procedures for the determination of the child's best interests which facilitate adequate child participation without discrimination: • where the views of the child are given due weight in
accordance with age and maturity; • where decision makers with relevant areas of expertise
are involved; • and where there is a balancing of all relevant factors in
order to assess the best option;
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Care, protection and safety of the child
Child’s views
Child’s identity
Parents’ and current caregiver’s views
Preservation of the family environment, maintaining or restoring relationships
Situation of vulnerability
Child’s right to health
Access to education
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Procedural
safeguards
ensure
the child’s
right
to be heard
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Procedural
Safeguard:
Independent
Professional
Guardian
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Procedural
Safeguard:
Quality
Legal
Assistance
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Procedural
Safeguard:
Specialised
Trained
Professionals
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Procedural
Safeguard:
Tools for:
capacity
building,
working with
children &
documenting agreeements
or decisions
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Substantive Decision-Making:Guidance
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Substantive
Decision-Making:
Country of Origin
Information
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Substantive
Decision-Making:
Credibility
Assessment
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The Role of
the Courts
