First contact Registration Identification Accommodation First assistance Age assessment Family tracing Relocation Case assessment Care planning Life project Education and training Work Health care Residence permit Asylum procedure Best interests determination Identification of a durable solution Implementation of a durable solution Family reunification Preventing Immigration detention Turning 18: Leaving care Aftercare Ending guardianship

Implementation of a durable solution
 
A durable solution for an unaccompanied child could be implemented in three different ways:
- the child’s return and reintegration in the country of origin;
- the child’s integration in the country of arrival, as a recognised refugee, by granting international protection or other legal residence status; or
- transfer, relocation or resettlement to a third country.[1]
 
The process for identifying a durable solution for the child determines which of these possible solutions is most in accordance with the rights and the best interests of the child and assesses the type of support the child requires to ensure the durable solution is sustainable.

The guardian ensures that the assessments for the identification of a durable solution are carried out with due diligence and in accordance with the rights and the best interests of the child and that the findings and evidence gathered during the assessment phase inform the preparation and implementation of the durable solution, as well as appropriate follow-up. Preparative and follow-up support are essential to ensure that the solution identified is indeed in the best interests of the child and sustainable. To this end, periodic follow-up assessments and longer-term monitoring of the child’s situation are required, as well as mechanisms to make the necessary adjustments to follow-up support.

The guardian ensures that the child is informed about their rights during the implementation of the durable solution, the different measures and steps taken, and that the plan for the implementation and monitoring of the durable solution is developed with the participation of the child.

Where a child is transferred or relocated within the EU, resettled to a third country or returned to the country of origin, the guardian ensures continuity in service provision for the child, including guardianship services where the child is not reunited with the parents.

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 1: Session 1.1. The human rights of the child  
Chapter 1: Session 1.2.Understanding vulnerability 
Chapter 3: Supporting the child from arrival to durable solution
Handout 20: Best interests determination procedure
Handout 21: Asylum procedure
Handout 22: Transfer or relocation procedure
Handout 23: Residence permit procedure
Handout 24: Return procedure
Handout 25: Child-sensitive procedural safeguards

Literature:

European Asylum Support Office (2019), EASO Practical Guide on the best interests of the child in asylum procedures, EASO Practical Guide Series, 2019.

FRA (European Union 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. 72-74, 92-94.

Council of the Baltic Sea States (2015), Guidelines on the Human Rights and Best Interests of the Child in Transnational Situations, Council of the Baltic Sea States Children’s Unit and Expert Group for Cooperation on Children at Risk, Stockholm, 2015.

UN Committee on the Rights of the Child (2005), General Comment No. 6, Treatment of unaccompanied and separated children outside their country of origin, CRC/GC/2005/6, 1 September 2005.

UN Committee on the Rights of the Child (2013), General Comment No. 14 on the right of the child to have his or her best interests taken as a primary consideration (art.3, para. 1), CRC/C/GC/14, 2013.

UN Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW), Joint General Comment No. 3 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families; General Comment No. 22 (2017) of the Committee on the Rights of the Child on the general principles regarding the human rights of children in the context of international migration, CMW/C/GC/3-CRC/C/GC/22, 16 November 2017.

United Nations High Commissioner for Refugees (UNHCR) (2021), 2021 UNHCR best interests procedure guidelines: assessing and determining the best interests of the child. United Nations High Commissioner for Refugees (UNHCR) (2008), UNHCR Guidelines on determining the best interests of the child.




[1] European Commission, Action Plan on Unaccompanied Minors (2010-2014), COM(2010)213 final, Brussels, 6 May 2010, p. 12.

Explore more on level 9: