25 Dec Recommendation on effective guardianship for unaccompanied and separated children in the context of migration

The Council of Europe Committee of Ministers has adopted on 11.12.2019 a Recommendation to member States on effective guardianship for unaccompanied and separated children in the context of migration.

Migration puts children, especially unaccompanied or separated from their parents, in a very vulnerable position. Children are forced to flee or migrate from their homes for various reasons: to escape from conflict, violence, for the purpose of family reunification, as a result of changes in the environment that affect their lives, or the search for better economic, social or cultural conditions. Such a journey increases the risk of violating their fundamental rights and freedoms.

This Recommendation seeks to ensure that unaccompanied and separated children’s rights and their best interests are respected in line with international and European standards. It also seeks to ensure that guardianship is effectively provided and is appropriate to the rights and specific needs of the children concerned.

Some essential principles and implementing guidelines target both decision-makers and practitioners working to secure the protection, reception, care and wellbeing of unaccompanied and separated children through guardianship. They provide specific guidance to form legislation, plan public policies and institutional measures. The principles are meant to ensure access to justice and effective remedies for these children and to improve cooperation and coordination among relevant stakeholders, including at international level.

The Guidelines recommend the adoption of comprehensive frameworks whereby guardians are appointed without delay, are adequately screened, qualified and supported throughout their mandate by a competent authority. Through regular collection of data, and adequate institutional measures, States should ensure that guardianship measures respond to changing needs, including emergency situations.

Governments also should ensure that children are provided with information and advice and that they have access to an independent complaint mechanism and remedies to exercise their rights or act upon violations of their rights.

The implementation of this recommendation will be promoted through the Council of Europe Committee for the Rights of the Child (CDENF) which also will act as a regular forum for exchanges of good practices in reinforcing the national guardianship systems.

The Recommendation is available here: 

https://search.coe.int/cm/Pages/result_details.aspx?ObjectId=0900001680993db7

References from the official website of the Council of Europe