Represent
The
guardian represents the child in all matters concerning the child where the
child, due to young age, does not have the legal capacity to represent
themselves. Representing the child includes an obligation to inform the child,
to hear the views of the child and make sure state authorities and services
providers take the child’s views into account. The guardian is responsible for
making decisions with and for the child, in accordance with the rights and the
best interests of the child and in light of the child’s views and opinions.
The
guardian is responsible for ensuring the child has access to legal advice and
representation. A legal representative or lawyer is required specifically where
a child is involved in any administrative or judicial proceedings.
See
also:
Level 6: Promoting the rights and the
best interests of the child
References:
EU training and learning platform for guardians of
unaccompanied children
Chapter 3: Supporting the child from arrival to durable solution
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.