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2. 2 Ensuring Respect for the Best Interests of Children on the Move in Europe Jyothi Kanics 20 th November 2015

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4. 4  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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6. 6 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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8. 8 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

9. 9 Best Interests of the Child from Principle to Practice

10. 10 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.

11. 11 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

12. 12 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;

13. 13 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

14. 14 Procedural safeguards ensure the child’s right to be heard

15. 15 Procedural Safeguard: Independent Professional Guardian

16. 16 Procedural Safeguard: Quality Legal Assistance

17. 17 Procedural Safeguard: Specialised Trained Professionals

18. 18 Procedural Safeguard: Tools for: capacity building, working with children & documenting agreeements or decisions

19. 19 Substantive Decision-Making: Guidance

20. 20 Substantive Decision-Making: Country of Origin Information

21. 21 Substantive Decision-Making: Credibility Assessment

22. 22 The Role of the Courts

23. 23 jyothi.kanics@unilu.ch