1. Multy- disciplinary and inter-agency cooperation in cases of unacompanied children and possible victims of trafficing - Child-friendly model of intervention
Stockholm, December 8th 2016
Bragi Guðbrandsson, Director General
Heiða Björg Pálmadóttir, Chief Lawyer
The Government Agency for Child Protection, Iceland

2. Introduction Reflection of some relevant principles of the CRC
What requirements are stipulated by international law and other tools with regard to child victims of exploitation, trafficking and children at risk in terms of trauma?
The case for the “Barnahus-model“ or One Shop Stop response – to avoid trauma and elicit narratives
The arrangement with for safeguarding the rights of asylum-seeking children according the New Icelandic Act on Foreigners

3. CRC General principle of Non-discrimination
Unaccompanied children and children who are possible victim of trafficking should
Enjoy the same protective and participatory rights as all other children; Art 22
Access to the child protection services
The child should be listened to
Be ensured suitable alternative care as appropriate (prevalence given to foster placement/family setting) Art 20; recruiting foster families
Needs assessment
Trust and disclosure

4. Trauma and re-traumatization
Children moving across boarders, victims of trafficking, exploitation or at risk are (probably) already traumatized
Danger of re-traumatization derives from multi-sectorial response if interventions are not co-ordinated in a child-friendly or sensitive manner
A prerequisite for discovering and identifying child sexual abuse and exploitation is to win the trust of the child

5. UN CRC on child victimization
Article 39
“States Parties shall take all appropriate measures to promote physical and psychological recovery and social reintegration of a child victim of.. any form of neglect, exploitation, or abuse…”

6. UN CRC on revictimization
Article 3.1
“In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interest of the child shall be a primary consideration”
Article 12
“The Child shall …be provided the opportunity to be heard in any judicial and administrative proceedings affecting the child…

7. UN Guidelines on Justice in Matters involving Child Victims and Witnesses of Crime (2005)
Professional should develop and implement comprehensive and specially tailored interventions in cases where there are risks that the victim may be victimised further. These strategies… should take into account the nature of the victimization .. including sexual exploitation and trafficking.. (Art. 39)

8. EU Directive on Trafficking
Ms shall (Art 12) ensure that victims of trafficking in human beings receivee specific treatment aimed at:
Preventing secondary victimisation by avoiding, as far as possible and in accordance with the grounds defined by national law:
Unneccesary repetition of interviews during investigation, prosecution or trial
By giving of evidence such as interview and cross-examination, by appropriate means including the us of communication technologies etc.

9. EU Directive on victims (2012)
Recognition of vulnerability and protection of victims (Art 17)
For further victimisation
To ensure that the risk of pscycological or emotional harm to victims during questioning or when testifying is minimised
Following categories of victims are considered to be vulnerable due to the nature of the crime: a) victims of sexual violence; b) victims of human trafficking
Vulnerable victims: right to sensitive and multiagency investigation, support judical procedure (Arts 21, 22, 25)

10. CoE Convention against Trafficking (2005)
Each Party shall take specific measures to reduce children’s vulnerability to trafficking, notably by creating a protective environment for them
A child victim shall be afforded special protection measures taking into account the best interests of the child (Art 28)
Each Party shall adopt such legislative or other measures .. to ensure in the course of judicial proceedings…in the case of child victims by taking special care of children´s needs and ensuring their right to special protection measures” (Art 30)

11. The CoE Lanzarote Convention on the protection of Children Against Sexual Exploitation and Sexual Abuse
Unique among International Agreements
Basic characteristics:
Child-friendly
Comprehensive
In terms of scope
In terms of content
Interdisciplinary/Multiagency
Proactive

12. Why Barnahus? To avoid repetitive interviews and the harmful effects:
Re-traumatisation
Distorted accounts
A prerequisite for discovering child´s trafficking is to elicit the child´s narrative
To win the child´s trust
Enhance reliability by application of evidence based protocols and trained interviewers

13. Mission of Barnahus Child-friendly intervention
The objective is to identify child-friendly strategies and practices to ensure
The „best interests of the child“
without compromising the human right principle
The “due process” (fair trial)
“Equality of arms”, “evidential immediacy”

14. Multiagency collaboration
The Gov. Agency for Child Protection
The State Police
The State Prosecution
The Police Dep. in Reykjavik
The University Hospital – Dep. of Paediatric and Dep. of child Psychiatry
Association of the Directors of Local Social Services
The Child Protection Services in Reykjavik

15. CAC/Barnahus
Joint Invest. Interviews: court statements/ CPS interviews
Victim
Therapy
Medical Exams and Evaluation
Consultation and advice to local CPS
Education, training and research
Family Counselling/ Support

16. Putting theories into practice New Foreigners Act in Iceland (no
Principles of child-friendly approach
The Government Agency for Child Protection (The Gov. Agency) has a the obligation to be the guardian of the child’s rights
Make sure the child‘s best interest are respected and the child gets the assistance it needs while the case with The Directorate of Immigration is processed
A Gode-man ideology/approach

17. What does the Guardianship entail? (1)
The Gov. Agency is responsible to safeguard the minor’s interest
Unaccompanied asylum-seekers or possible victims of trafficking
Make sure the child’s best interest are in the forefront of each case
Make sure there is a foster home or another type of residential home available

18. What does the Guardianship entail? (2)
Make sure that the CPS fulfil their obligations:
Such as residence, health care and the possibility of education
Regularly get information on the status of the minor’s application for a residency permit or asylum and be contact with the spokesperson
Be present for interviews and statements the minor gives to the authorities/other examinations
Assist the minor to get the services of The Red Cross in the interest of finding next of kin
CPS must take into account the child’s nationality, gender, language and a religious and cultural background of the minor

19. The process (1) The Directorate of Immigration
Has the obligation to send a report to the Gov. Agency and the local child protection services (CPS) where the minor comes forward
Conducts an interview as soon as possible
Obligation that the person is an expert in the matters of children
The Directorate and the Agency have made an agreement that all unaccompanied minors are interviewed in Barnahús by a specialist
Is responsible for everything concerning the application for assylum

20. The process (2)
CPS take over the child’s care as soon as The Directorate has determined the child’s age and the interview has been conducted
Aim is to have available foster-homes for all children that are fit to stay with families
Are responsible for all matters concerning the child’s safety and well-being

21. Best interest of the child
Must be in focus when a minor’s application for asylum is reviewed
Obligation to regard the child’s possibility for family integration, it’s welfare and safety and social development
Child’s views must be taken into consideration
Obligation to consult with child protection authorities in all cases involving children
When a child is unaccompanied The Directorate must obtain a formal opinion from The Agency before making a decision

22. The end of guardianship
The Agency’s guardianship of the child’s rights formally ends when:
The minor becomes an adult or then The Directorate makes the decision that the individual is an adult
The child is granted a residence permit/asylum
The child moves out of the country or is exported
The legal guardians are able to fulfil their custodial duties properly

23. Continuing duties of CPS
After asylum/residential permit is granted
The Agency decides which CPS takes custody of the child
The case with the CPS is then open until the minor becomes an adult 

24. Who does what? - Summary Directorate of Immigration
Process an application for asylum/residence permit
Inform The Agency and CPS about the child’s arrival
Collect and review all information relevant to that application
Make decisions regarding that case
Child protection Services
Provide the child with a safe place to stay
Make sure that the child gets necessary services, such as regarding school and health care
Get regular information regarding the application with The Directorate
The Government Agency for Child Protection
Make sure that there are available foster homes or other residential care homes
Follow up on the case regularly to make sure that the CPC is fulfilling their obligation
Give The Directorate opinions before the it denies an unaccompanied child asylum

25. The importance of inter-agency coopereation
Important that the procedures are as child-friendly as possible
Decreases the odds of trauma or re-traumatization
Increases the odds of the child disclosing possible trafficking or trauma
Makes sure that the best interests of children are in the forefront of each case
Makes sure that an experts in the matters of children handle their case and are in contact with the child
In best accordance to the CRC and other HR conventions, guidelines and directives