Identification of a durable solution

A durable solution is understood as a sustainable solution that ensures that the unaccompanied child is able to develop their evolving capacities, skills, talents and resources and transition safely to adulthood and independent life. A durable solution should guarantee to meet the needs of the child and safeguard the rights of the child in accordance with the UN Convention on the Rights of the Child. The durable solution is identified through a best interests determination procedure. The decision on the durable solution will have fundamental long-term consequences for the unaccompanied child and ultimately allows the child to acquire, or re-acquire, the full protection of a state.[1]

A durable solution could be implemented in three different ways:
- the child’s return and reintegration in the country of origin;
- the child’s integration in the country of arrival, as a recognised refugee, by granting international protection or other legal residence status; or
- transfer, relocation or resettlement to a third country.[2]
 
The process for identifying a durable solution for the child determines which of these possible solutions is best in accordance with the rights and the best interests of the child and assesses the type of support the child will need for the phase in which the durable solution will be implemented.

The guardian ensures the timely identification of a durable solution. The guardian represents the child throughout the process for the identification, facilitates the child’s participation, ensures that the needs of the child are correctly assessed and taken into consideration and that the durable solution is suitable to safeguard the rights and the best interests of the child. The guardian monitors that the procedure for the identification of a durable solution to ensure it is carried out in full respect of child-sensitive procedural safeguards.

See also:
Level 1: Child rights principles
Level 5: Mandate and tasks of the guardian

Reference:

EU training and learning platform for guardians of unaccompanied children
Chapter 1: Session 1.1. The human rights of the child  
Chapter 1: Session 1.2.Understanding vulnerability 
Chapter 3: Supporting the child from arrival to durable solution
Handout 20: Best interests determination procedure
Handout 21: Asylum procedure
Handout 22: Transfer or relocation procedure
Handout 23: Residence permit procedure
Handout 24: Return procedure
Handout 25: Child-sensitive procedural safeguards

Literature:

European Asylum Support Office (2019), EASO Practical Guide on the best interests of the child in asylum procedures, EASO Practical Guide Series, 2019.

FRA (European Union 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), pp. 72-74, 92-94.

Council of the Baltic Sea States (2015), Guidelines on the Human Rights and Best Interests of the Child in Transnational Situations, Council of the Baltic Sea States Children’s Unit and Expert Group for Cooperation on Children at Risk, Stockholm, 2015.

UN Committee on the Rights of the Child (2005), General Comment No. 6, Treatment of unaccompanied and separated children outside their country of origin, CRC/GC/2005/6, 1 September 2005.

UN Committee on the Rights of the Child (2013), General Comment No. 14 on the right of the child to have his or her best interests taken as a primary consideration (art.3, para. 1), CRC/C/GC/14, 2013.

UN Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW), Joint General Comment No. 3 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families; General Comment No. 22 (2017) of the Committee on the Rights of the Child on the general principles regarding the human rights of children in the context of international migration, CMW/C/GC/3-CRC/C/GC/22, 16 November 2017.

United Nations High Commissioner for Refugees (UNHCR) (2021), 2021 UNHCR best interests procedure guidelines: assessing and determining the best interests of the child. United Nations High Commissioner for Refugees (UNHCR) (2008), UNHCR Guidelines on determining the best interests of the child.




[1] United Nations High Commissioner for Refugees, United Nations Children’s Fund, Safe and Sound, What States can do to ensure respect for the best interests of unaccompanied and separated children in Europe, 2014, p. 22.
[2] European Commission, Action Plan on Unaccompanied Minors (2010-2014), COM(2010)213 final, Brussels, 6 May 2010, p. 12.

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