guardianship for children deprived of parental care a handbook to reinforce guardianship systems to...
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Guardianship for children deprived of parental care
A handbook to reinforce guardianship systems to cater for the specific needs of child victims of
trafficking
Expert Meeting on:
Returns and Transfers: International and European standards, procedures and safeguards for children exposed to
exploitation, trafficking and children at risk
Riga , 13th - 14th of May 2014
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Anti-Trafficking Directive (2011/36/EU)
Article 14 «Members States shall appoint a guardian or a representative for a child victim of trafficking in human beings from the moment the child is identified by the authorities where, by national law, the holders of parental responsibility are, as a result of a conflict of interest between them and the childvictim, precluded from ensuring the child’s best interest and/or from representing the child
Article 16 «Member States shall take the necessary measures to ensure that, where appropriate, a guardian is appointed to unaccompanied child victims of trafficking in human beings».
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The EU Strategy towards the Eradication of Trafficking in Human Beings 2012–2016
“In addition, with respect to child trafficking, there is at present no uniform definition of a guardian and/or representative across the Member States and their roles, qualifications and understanding of competences vary from one Member State to another . In 2014, together with the European Union Agency for Fundamental Rights, the Commission intends to develop a best practice model on the role of guardians and/or representatives of child victims of trafficking.”
PRIORITY A / Action 3: Protection of Child Victims of Trafficking
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The EU Strategy towards the Eradication of Trafficking in Human Beings 2012–2016
“Comprehensive child-sensitive protection systems that ensure interagency and multidisciplinary coordination are key in catering to diverse needs of diverse groups of children, including victims of trafficking.(…)Member States should strengthen child protection systems for trafficking situations and ensure where return is deemed to be the child’s best interest, the safe and sustainable return of children to the country of origin, in and outside the EU, and prevent them from being re-trafficked.”PRIORITY A / Action 3: Protection of Child Victims of Trafficking
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• Migration e.g. unaccompanied children, children left behind
• Parental abuse and neglect e.g. Children in alternative care institutions
• Child Trafficking
Various reasons for deprivation
of family environment and parental
care
• Appointment of guardian is a key safeguard of child protection, when a child is temporarily or permanently deprived of parental environment
Article 20 of UNCRC on protection of children deprived of parental environment
• They have experience separation and loss of family; if not already victims of abuse and exploitation are in risk of becoming victims, might suffer from trauma ; are in need of support, protection and rehabilitation measures;, those already being victims are in risk of further abuse and victimization
Common needs and
equal rights
Protection of all children deprived of parental care
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Fundamental principles of guardianship
systems
Child participation
Sustainability
Accountability
Quality
Independence and impartiality
Non discrimination
Fundamental principles of guardianship systems
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C
ore
ta
sks
of
the
gu
ard
ian
Safeguard the best interests of the child
Promoting the child’s safety and well-being
Facilitate child’s participation
Acting as a link between the child and others
Assisting in identifying a durable solution in the best interest of the child
Exercising legal representation , supporting the child in legal procedures and ensuring access to legal assistance and counselling
C o r e t a s k s o f t h e g u a r d i a n
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Th
e r
igh
t o
f th
e c
hil
d t
o b
e
he
ard
Provide and facilitate access to information
Ensure access to legal counselling
Safeguard the right of the child to legal assistance
Exersise legal representation when necessary
Speak on behalf of the child when necessary
Child’s participation and the role of the guardian
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Information provided to children should at least cover:
The functions, rights and duties of the guardian; The role, rights and duties of legal representatives; The child’s rights, taking into consideration the particular
situation of each individual child, as regards residence status, international protection needs, need for victim support, etc.;
The assistance and protection measures in place , and the service providers, on the base of the particular situation of the child
The various criminal, administrative and civil proceedings the child might be involved in, including access to compensation.
The individual complaint mechanisms available to a child to report violation of his/her rights;
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In the context of trafficking, guardians, as well as other
professionals working with child victims, whilst the have to
fully respect the right of the child to be heard they should
keep in mind that the child might be under the influence of
the trafficker.
Child’s participation in the context of trafficking
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Exe
rcis
ing
le
gal
rep
rese
nta
tio
n,
sup
po
rtin
g t
he
ch
ild
in
le
gal
pro
ced
ure
s a
nd
e
nsu
rin
g a
cce
ss t
o l
ega
l a
ssis
tan
ce a
nd
co
un
sell
ing
Inform the child of his/her right to legal advice and representation;
Ensure that a legal representative be appointed and free legal advice is provided whenever the child is entitled to it;
Monitor the work of professionals providing legal assistance and representation
Facilitate the communication between the child and such professionals when necessary,
Accompany the child and actively participate in interviews and hearings with the child
Legal representation and access to legal assistance and legal counselling
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Exe
rcis
ing
le
gal
rep
rese
nta
tio
n,
sup
po
rtin
g t
he
ch
ild
in
le
gal
pro
ced
ure
s a
nd
e
nsu
rin
g a
cce
ss t
o l
ega
l a
ssis
tan
ce a
nd
co
un
sell
ing
Prepare the child emotionally and psychologically before interviews and hearings and make sure that the child has a proper understanding of the proceedings
Facilitate that throught out legal proceedings the child has access to appropriate translation and interpretation services for free
Support the child to understand communication received, including communication by his legal representative
Discuss with the child the outcome of the proceedings and court decisions and explain its relevance to the child’s particular situation and future options and steps available
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Main challenges Lack of training and specialization of guardians and of other
professionals involved
Deficiencies in human resources and lack of quality standards Independency and impartiality is not always guaranteed
Lack of support offered to guardians e.g. access to translation and interpretation services and legal counselling
The normative framework and the child protection system
within witch guardians operate sets the limits of their work
Need for a structured and systematic intra-EU as well as international cooperation mechanisms