Transnational child protection refers to the protection of children from violence, exploitation, abuse and neglect in an international setting. When a non-national child comes into contact with public authorities and service providers, a series of checks, assessments and immediate measures sets in to identify the child and to assess her or his situation. Article 19 of the UN Convention on the Rights of the Child provides for the protection of children in and out of the home, including in their country of origin, residence or a third country. Article 2 of the Convention provides for the right to non-discrimination, meaning children have the right to protection regardless of the national origin or status of the child or his or her parents or legal guardians. A child may become party to a transnational child protection case because of a need for protection, including: due to international adoption, being born to parents with different or multiple nationalities, being born in a different country than either parent's nationality, and migrating or being trafficked. Being an unaccompanied or separated minor comes with particular challenges.
Case assessment
Best interests’ assessment and determination Best interests, which derives from Article 3 of the UN Convention on the Rights of the Child, says that “in all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration”. Assessing the best interests of a child means to evaluate and balance “all the elements necessary to make a decision in a specific situation for a specific individual child or group of children”. The right of the child to have her or his best interests taken as a primary consideration means that the child's interests have high priority and are not just one of several considerations. The assessment is specific to the child as an individual, making it important to establish a trust-based relationship with the child and to communicate effectively in a language that the girl or boy understands. The assessments should ideally involve a multi-disciplinary team of qualified professionals. Best interests’ assessments and determinations are two steps of a process that aims to identify the elements and facts relevant for a specific child. In transnational cases, risk and resilience assessments are a central component of the best interests’ determination process because they consider the context of destination and origin and also how the risks and resiliency of the child will change on the basis of any decision taken, including with regard to continued migration, transfer to another state or repatriation. A comprehensive best interests’ assessment and determination process considers the following in transnational cases:
Establishing the child's identity and the identity of any accompanying persons and the quality of their relations Case assessment, including the following components: Hearing the child Assessment of the child's situation, background and needs Social situation and family assessment Gathering evidence including through forensic examinations and interviews with the child Risk and security assessments Mapping sources of support, skills, potentials and resources for empowerment Developing a life project Comprehensive child impact assessment of any potential decisions Identification of a durable solution Continued assessments during the implementation of the durable solution with due follow-up, review and monitoring, and adjustments to the durable solution arrangements, if and as required, according to the best interests of the child.
Assessments Best interests’ assessments can be conducted informally and ad hoc or as formalised processes. Assessments look at everyday matters and decisions with more or less severe implications for the child. The best interests of a child may change significantly over time as children grow and their situations and capacities evolve, so their best interests’ may need to be reassessed periodically.
Determinations Best interests’ determinations are formal processes conducted with the involvement of public authorities and professional decision makers. The objective of the best interests’ determination is to reach a decision based on national law that safeguards the rights of the child and promotes her or his well-being, safety and development. Decision-makers weigh and balance all the relevant factors of the case, giving due consideration to all the rights of the child and the obligations of public authorities and service providers towards the child. The objective of the best interests’ determination process is the identification of a durable solution. Best interests’ determinations are carried out when the issues at stake are expected to have significant implications on the child's present and future life.
Sources of information Assessments leading to best interests’ determinations are based on diverse information sources which need to be verified and cross-checked in order to establish a reliable understanding of the child's situation and background.
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