Accountability
Guardianship services should
be regulated by law with a clear definition of the duties and functions of
individual guardians and the designated guardianship authority or institution. Guardianship
services should be subject to regular monitoring, including independent
monitoring, and the guardianship authority should be held accountable for the
performance of guardians.
Within this regulatory
framework, individual guardians are accountable for their actions and
decisions, and also for any situations, where the guardian omits to take
action. Where guardians do not comply with their duties and functions set out
by law and standards of ethics and quality, the child, other guardians, state
agencies and service providers have a right and an obligation to report
misconduct. The regulatory framework for guardians should clarify disciplinary
measures to hold guardians accountable for any misconduct.
Clear and effective
accountability measures for guardianship services aim at preventing any
infringements against the rights of unaccompanied children or other types of
harms to the child and ensure consistent standards of quality in the provision
of guardianship services.
The own accountability of a
guardian is a fundamental precondition for guardians to hold other state
authorities and service providers accountable for their actions and decisions,
as well as any omissions, in relation to the child.
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 4: Quality standards and accountability of guardianship services
Literature:
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. 27, 51-54.