Consult the child
The guardian ensures and facilitates the child’s participation
in all procedures and decisions concerning the child. Supporting the child’s
meaningful participation and representing the views of the child vis-à-vis
other state authorities and service providers requires the guardian to consult
the child to ensure they reach a shared understanding of the child’s and the
guardian’s perspectives and positions. The guardian has to be transparent in
how the guardian will represent the child’s views in meetings or hearings with
state authorities and services providers and the underlying reasoning for the
guardian’s position. The guardian should be consulted by state authorities and
service providers in all care planning and decision-making processes.
See
also:
Level 1: Right to be heard,
Participation
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 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.