Promote the best interests of the child
A
guardian ensures respect for the rights and the best interests of the child.
The guardian is tasked to promote the best interests of the child through the
own action and intervenes where the actions or decisions of state authorities
and services providers do not comply with or fail to promote the rights and
best interests of the child.[1]
See
also:
Level 1: The best interests of the child
Level 6: Promoting the rights and the
best interests of the child – Best interests determination
References:
EU training and learning platform for guardians of
unaccompanied children
Chapter 2: Guardianship in the best interests of the child
Literature:
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.
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.
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 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.
United Nations (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.
United Nations High Commissioner for Refugees (UNHCR)
(2021), 2021 UNHCR best interests procedure guidelines: assessing and determining the best interests of the
child.
[1] 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), pp. 72.