Be independent
The
guardian acts with independence to safeguard the child, promote the child’s
wellbeing and secure the rights and best interests of the child. To ensure the
independence of individual guardians, guardianship services should be organised
and administered by an authority or organisation that is institutionally
distinct from immigration and law enforcement authorities and those providing
accommodation, care or other services for unaccompanied children. Independence
is a fundamental principle to prevent that any vested interests are guiding the
guardian’s action and decisions other than the rights and the best interests of
the child.
Guardianship
services should be subject to independent monitoring to ensure effective
independence in practice.
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 1: Session
1.1. The human rights of the child
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.