Source : FRA
Date : 13/06/2019
Description :
« Children deprived of parental care found in another EU Member State other than their own aims to strengthen the response of all relevant actors for child protection. The protection of those girls and boys is paramount and an obligation for EU Member States, derived from the international and European legal framework. The guide includes a focus on child victims of trafficking and children at risk, implementing an action set forth in the 2017 Communication stepping up EU action against trafficking in human beings, and takes into account identified patterns, including with respect to the gender specificity of the crime.
Through a set of “10 actions” the guide provides practical suggestions on how to identify, refer and support children, elaborating on how to implement principles such as the right of the child to be heard and how to ensure their best interests when deciding on a durable solution. The guide provides practical information to enhance national and transnational cooperation within the EU and on the support relevant EU agencies can provide, including for countering the impunity that fosters child trafficking. Professionals, such as law enforcement and judicial authorities, social workers, health professionals, child protection officers, guardians, judges, lawyers, or Central Authorities established under the Brussels IIa Regulation, but also authorities defining procedures and protocols, can benefit from this guidance. Enhancing cooperation within the EU and promoting a fundamental rights approach of all actors involved will strengthen the protection of all children deprived of parental care, including child victims of trafficking, and contribute to prevention efforts. »
Contents :
FOREWORD
HOW TO USE THIS GUIDE
SCOPE OF THE GUIDE
PART 1 : LEGAL AND CHILD PROTECTION FRAMEWORK
1.1. Legal framework
1.2. Child rights principles
1.3. Integrated child protection systems
PART 2 : 10 NECESSARY ACTIONS FOR PROTECTION
Action 1 : Detect, identify and refer the child
Action 2 : Appoint a guardian
Action 3 : Hear the child
Action 4 : Assess the child’s best interests
Action 5 : Coordinate all actors within the Member State
Action 6 : Respond to protection needs
Action 7 : Establish jurisdiction and transnational cooperation
Action 8 : Support the child during judicial proceedings
Action 9 : Determine and implement durable solutions
Action 10 : Monitor the well-being of the child
ANNEX 1 : LEGAL REFERENCES
ANNEX 2 : SELECTED LITERATURE AND CASE LAW
ANNEX 3 : CONTACT LIST
ANNEX 4 : AN OVERVIEW OF WHAT RESPONSIBLE BODIES SHOULD DO