Guardianship Wheels
Systemic Resource Center

Lev​el 5 |
Mandate and tasks of the guardian

Advocate for the child

Advocate for the child

The guardian acts as an advocate for the rights of the child and as a link between the child and the state authorities, service providers and other actors involved. When acting as a link, the guardian represents the views and interests of the child vis-à-vis different authorities and services and keeps the child informed at all times. This role of the guardian is essential to enable a child-centred and rights-based approach. 

As an advocate, the guardian defends the rights and interests of the child, ensures that all measures and decisions comply with the rights and the best interests of the child and promotes the child’s participation and development in accordance with international, European and national law. Acting as an advocate may require the guardian to take position in complex and difficult situations where different legal standards and interests could be in conflict.

See also:
Level 1: Child rights principles
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 guardiansof separated children in EuropeGoals 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.   

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