The guardian
The guardian is an
independent person who safeguards a child’s best interests and general
well-being, and to this effect complements the limited legal capacity of the
child. The guardian acts as a statutory representative of the child in all
proceedings in the same way that a parent represents their child. The guardian
acts as a link between the child and all other stakeholders with
responsibilities towards him or her. This operational definition takes into
account that the term used, as well as the function and manner of appointment
of a guardian, vary in the different Member States. Under EU law, it is
sometimes referred to as representative or legal representative.[1]
References:
EU training and learning platform for guardians of
unaccompanied children
Chapter 2: Guardianship in the best interests of the child
Literature:
Council of Europe, Committee of Ministers
(2019),
Effective guardianship for unaccompanied and separated children in the context of migration, Recommendation CM/Rec(2019)11
of the Committee of Ministers, 11 December 2019.
Defence for Children – ECPAT The Netherlands
(2011), Core standards for guardians of separated children in Europe, Goals for guardians and
authorities, Leiden. Reference text for handout: 10 Core
Standards for Children.
FRA (European Agency for Fundamental Rights)
(2014), Guardianship for children deprived of parental care, A handbook to reinforce guardianship systems to
cater for the specific needs of child victims of trafficking, Luxembourg, Publications
Office of the European Union (Publications Office).
United Nations (UN), Committee on the Rights of the
Child (2005), General Comment No. 6 (2005), Treatment of
unaccompanied and separated children outside their country of origin,
CRC/GC/2005, 1 September 2005. Reference text for handout: Rights
and responsibilities of guardians.
(1) European Union Agency for Fundamental Rights (2015), Guardianship for children deprived of parental care, A handbook to reinforce guardianship systems to cater for the specific needs of child victims of trafficking, pp. 11-12.
