Children and young people on the move Towards a more precise definition of their best interests Decision making in the asylum procedure and on housing issues Presentation Margrite Kalverboer, Phd, LLM & Carla van Os, MSc, LLM Faculty of Behavioural and Social Sciences - Department of Special Needs Education and Youth Care Study Centre for Children, Migration and Law

Content 1.The Best Interests of the Child (BIC)-model: a theoretical framework to describe the best interests of the child. 2.The BIC-Questionnaire (BIC-Q) and BIC-Selfreport (BIC-S): tools to assess the best interests of the child. 3.The BIC-method and General Comment No Recently arrived refugee children: what do we know? 5.Finding keys: how to facilitate the disclosure of life stories? 6.Making a decision upon the asylum request | 2 Decision making in the asylum procedure Programme

The Best Interests of the Child-model Family: current situationSociety: current situation 1. Adequate physical care8. Safe wider physical environment 2. Safe direct physical environment9. Respect 3. Affective atmosphere10. Social network 4. Supporting, flexible childrearing structure11. Education 5. Adequate examples by parents12. Contact with peers 6. Interest13. Adequate examples in society Family: future and pastSociety: future and past 7. Continuity in upbringing conditions, future perspective 14. Stability in life circumstances, future perspective | 3

The BIC-model, BIC-Q, and BIC-S: example Family: future and past7. Continuity in upbringing conditions, future perspective Definition (elements)Attachments bonds do develop, basic trust is to be continued by the availability of primary caregivers, the child experiences a future perspective BIC-Q (example)Does the child have contact with significant persons from the past? BIC-S (example)Do you still see people who were important for you when you were young? Society: current situation 8. Safe wider physical environment Definition (elements)Criminality, (civil) wars, natural disasters, infectious diseases etc do not threaten the development of the child BIC-Q (example)Is the wider living environment the child is growing up safe? BIC-S (example)Do you feel safe in your neighbourhood? | 4

Decision-making  BIC-method: scientific, pedagogical, practical translation of GC 14  Elements of the BID-determination in GC 14: Individual characteristics:  The child’s identity  The child’s vulnerability Social and cultural context:  The child’s views  The child’s family environment  Preservation of ties  The child’s protection  Future risk or harm  The child’s right to health  The child’s right to education | 5 Best Interests of the Child determination General Comment N0. 14 (GC 14)

Knowledge on unknown children: recently arrived minor refugees  Stressful life events: Exposure to violence, war and persecution, separation from and loss of family member, extreme poverty, dangerous flight  Mental health problems: Anxiety, trauma related stress, depression  Risk factors for mental health: Number, duration and severity of stressful life events Exposure to violence Loss of close family member Experience of danger during the flight, duration of the flight. |

Disclosure of life stories  Importance of disclosure for the assessment of protection needs  Barriers for disclosure:  Mistrust  Selfprotection  Culture of disbelieve  Facilitators for disclosure:  A positive and respectful attitude of the interviewer  Taking time to build trust  Providing agency  Non-verbal methods  Skilled interpreter |

Decision-making  Individual BIC-assessment: 1.Is the child extra vulnerable? 2.Were conditions for development in the country of origin fulfilled before departure? 3.What are the expectations about these conditions for development when the child returns?  Balancing the elements in the BIC-assessment  Multidisciplinary BIC-panel  Purpose: full and effective enjoyment of the CRC rights | 8 Decision making

References BIC-method ›Ten Brummelaar, M. D. C., Kalverboer, M. E., Harder, A. T., Post, W. J., Zijlstra, A. E., & Knorth, E. J. (2013). The Best Interest of the Child Self-report questionnaire (BIC-S): Results of a participatory development procedure. Child Indicators Research, doi: /s ›Zijlstra, A. E., Kalverboer, M. E., Post, W. J., Ten Brummelaar, M. D. C., & Knorth, E. J. (2013). Could the BIC-Q be a decision-support tool to predict the development of asylum-seeking children? International Journal of Law and Psychiatry, 35, doi /j.ijlp ›Kalverboer, M. E., Ten Brummelaar, M. D. C., Post, W. J., Zijlstra, A. E., Harder, A. T., & Knorth, E. J. (2012).The Best Interest of the Child Questionnaire; reliability and validity. Preliminary data on the question: Where to live after detention or secure treatment?Criminal Behaviour and Mental Health, 22(1), doi: /cbm.825. [SSCI] ›Zijlstra, A. E., Kalverboer, M. E., Post, W. J., Knorth, E. J., & Ten Brummelaar, M. D. C. (2012). The Quality of the Childrearing Environment of Refugee or Asylum Seeking Children and the Best Interests of the Child: Reliability and Validity of the BIC-Q. Behavioral Sciences and The Law, 28, doi: /bsl.1998 ›Zijlstra, A. E. (2012). In the best interest of the child? A study into a decision-support tool validating asylum- seeking children’s rights from a behavioural scientific perspective. Dissertation. University of Groningen. |