Best Interests Determination of Children – the Finnish experience Promoting The Human Rights and Best Interests of Children in Transnational Child Protection Cases Stockholm 7-8.12.2016 Senior Adviser Iiris Hjelt (Asylum Unit) and Senior Adviser Mikaela Lindroos (Reception Unit), Finnish Immigration Service, Finland

Structure of the presentation 2 Structure of the presentation Legal background in Finland for the best interests determination of children Asylum process – unaccompanied minors Reception services of unaccompanied minors Case assesment – social worker Information gathering – social worker Information gathering – asylum unit Decision making – durable solutions Recommendations

Background - legal framework 3 Background - legal framework Aliens Act 6§ Act on Reception 5§ Special attention to child's health, development and best interests Child's opinions must be taken into consideration in an age appropriate manner -> 12-year-olds and older are always interviewed, unless it's obviously unnecessary Accelerated process Special attention to child's health, development and best interests Child's wishes and opinions must be taken into consideration in an age appropriate manner Act on Child Protection 24§ etc. Sets frames to appointing a guardian and defines more accurately the best interests of a child (Act is applicable both to Finnish children and migrant children)

The asylym process – unaccompanied minors 4 The asylym process – unaccompanied minors Asylum application (Border Guard / Police) (Age assesment / Language tests) Accommodation to a group home District court nominates a guardian (director of reception center covers) Legal aid is also available for free and it is encouraged Social worker's statement Finnish Immigration Service conducts an interview (travel route, identity, asylum grounds and family tracing) (National assistance system for victims of human trafficking) Accelerated process! Finnish Immigration Service makes a decision Protection / residence permit granted -> municipalities to offer intgration services Return to home country -> Police and the IOM

Reception of minor asylum seekers 5 Reception of minor asylum seekers An unaccompanied minor is always at first placed at a reception centre which is specialised in the reception of minors or, if the child arrives with his/her relatives, in an adult reception centre. The reception service consists of accommodation social services health care Every reception centre provides at least one social worker and a health care professional

I CASE ASSESSMENT Social worker at Reception Centre: 6 I CASE ASSESSMENT Social worker at Reception Centre: Ensures the childs well-being according to the Act on Child Protection Gathers information and make a statement according to the Aliens Act § 6 Specialised Senior Adviser at the Asylum Unit: Conducts the asylum interview Decides on age assesment and language testing Makes the decision with a superior (always 2 names) Takes the statement into consideration in decision

I CASE ASSESSMENTS Social services 7 I CASE ASSESSMENTS Social services every child has a social worker. the social worker will arrange a guardian for the child. an initial assessment will be made within a month by the social worker multiprofessionality within the reception centre is crucial for the social worker – what is going on with the child in the centre

Background information Experience of traumas and 8 II INFORMATION GATHERING Model of psychosocial inquiry 1 Initial assessment Background information Wellbeing 2 Indepth interview Experience of traumas and traumarelated stress 3 Statement upon the Best Interest of the Child Signs of trafficking Observationsheet Guidelines for psychosocial inquiry and assessment of the Best Intresst of the Child

II INFORMATION GATHERING Model of psychosocial inquiry 9 II INFORMATION GATHERING Model of psychosocial inquiry 1 Initial assessment – Background informations Approximately 1,5 h The childs guardian and an interpreter is present The aim is to connect with the child and build trust Issues: Familybackground Life in the country of origin, including possible work, marriage Separation from the family, experiences during the travel, possession of traveldocuments, possible working during the move from country of origin Wellbeing and identity The childs opinions and viewpoints

II INFORMATION GATHERING Model of psychosocial inquiry 10 II INFORMATION GATHERING Model of psychosocial inquiry 1 Initial assessment – wellbeing Approximately 1 h The aim is to find out about the childs physical and psychological strenghts and sence of being safe Partly open questions and partly statements Issues: Physical injuries or disabilities Eating and sleepinghabits Medicine and drugabuse Psychological wellbeing Feelings about country of origin and being on the move Feelings of being safe and factors or characteristics for the child that could act as buffers to negative experiences

II INFORMATION GATHERING Model of psychosocial inquiry 11 II INFORMATION GATHERING Model of psychosocial inquiry 2 Indepth interview – growth and identity Approximately 1,5 – 2 h or in two different sessions The childs guardian might be present but not necessarily. If the guardian is not present, the socialworker tells the child that the guardian will get the information from the interview The aim is to find out more about the issues discussed during the initial assessment, focusing on risks and potentiality to growth and developing. Repeating and cumulating information gathering: Familybackground, also possible experiences of violence Life in the country of origin, including possible work Separation from the family, experiences during the travel, possible working during the move from country of origin Wellbeing and identity The childs opinions and viewpoints -

II INFORMATION GATHERING Model of psychosocial inquiry 12 II INFORMATION GATHERING Model of psychosocial inquiry 2 Indepth interview – traumas Approximately 1,5 – 2 h or in two different sessions The aim is to find out if the child has suffered from severe traumas. Special attention should be made on safety, changes during the interview should be made according to the reactions and with respect for the individual child. Mostly statements with yes or no answers, also follow up questions. It the child has been trafficked, the inquiry will continue specifically regarding these experiences and safety Issues: Experiences of violence, homelessness, war, torture etc Feelings of stress, sleeplessness, concentrating difficulties, compulsory thoughts etc

II INFORMATION GATHERING Model of psychosocial inquiry 13 II INFORMATION GATHERING Model of psychosocial inquiry 3 Statement on the best interest of the child is given before the asylum interview is the social workers professional view on the best interest of the child the child is informed from the beginning that there will be a statement made the child and the guardian will have an opportunity to take part in the content of the statement before it is sent to the Asylum Unit

II INFORMATION GATHERING Model of psychosocial inquiry 14 II INFORMATION GATHERING Model of psychosocial inquiry 3 Statement on the best interests of the child Following points are to be considered: Safety – in what way can the child be protected from future neglect, violence and abuse Family and close relations – in what way can continuity to familymembers and/or important close persons, which supports the childs development, be safeguarded Wellbeing, developing and identity – will the child's survival, health care and development be secured The childs opinion – what has the child brought forward about the situation in the centre and for the future regarding staying in Finland, family, education and work.

II INFORMATION GATHERING Asylum Unit 15 II INFORMATION GATHERING Asylum Unit Asylum interview Medical Age Assesment Specialized Senior Adviser (Case Officer) interviews – travel route, identity, asylum grounds and family tracing Age appropriate interviews, special attention to the room setting, possibility of drawing or having toys etc. Principle is to have one interview, but possibility to have multiple meetings Reasonable grounds for suspecting the reliability of the age given Information must be given on the test + written consent of the person to be tested + guardian's consent Refusal to undergo an examination -> treated as an adult Language testing Språk Ab Language test results taken into account, results cannot be used as the only decisive factor

III DECISION MAKING Asylum Unit 16 III DECISION MAKING Asylum Unit Positive decision Negative decision Asylum, subsidiary protection – 4 year permit Residence permit for compassionate reasons – 1 year Municipalities are bound by law to offer services for integration – varies by municipality Proven and ongoing connection and communication with parents or permanent care taker Police's responsibility to organise the return to home Voluntary returns are organised by the IOM

17 Finnish Immigration Service in a relation to National Assistance System for Victims of Human Trafficking Finnish Immigration Service National Assistance System (Centralized model) Responsibility to let the National Assistance System know (with the consent of the possible victim) Residence permit (1 year) can be granted on the basis of being a VHT Reliable statistics is a problem 2016 – 5 minors (2015 – 2 minors) have received a decision Decides whether they take the person into the system Both Finnish citizens and migrants Specialized help provided 17 minors in the Assistance System in 2016 – all of whom are asylum seekers (Afghanistan, Iraq and Somalia)

18 Recommendations Continuing training of all the actors – awereness raising Sufficient resourced – specialised units More cooperation between actors, more sharing the best practises (applicable to both national and cross-border cases) Combining and re-organising the work of different international entities (CBSS, UNHCR, IOM etc.) – removal of dublications Creating durable solutions also for people who work in the field – projects offer short-term solutions but continuity of best practises must be assured Common European / Common Nordic practises – we must ensure that the unaccompanied minors are treated equally in every country

Thank You! Iiris Hjelt Mikaela Lindroos Senior Adviser Senior Adviser 19 Thank You! Iiris Hjelt Mikaela Lindroos Senior Adviser Senior Adviser iiris.hjelt@migri.fi mikaela.lindroos@migri.fi