Presentation Transcript

1. Guardianship for children deprived of parental care A handbook to reinforce guardianship systems to cater for the specific needs of child victims of trafficking Expert Meeting on: Returns and Transfers: International and European standards, procedures and safeguards for children exposed to exploitation, trafficking and children at risk Riga, 13th - 14th of May 2014
2. Anti-Trafficking Directive (2011/36/EU) Article 14 «Members States shall appoint a guardian or a representativefor a child victim of trafficking in human beings fromthe moment the child is identified by the authorities where,by national law, the holders of parental responsibility are, asa result of a conflict of interest between them and the child victim, precluded from ensuring the child’s best interestand/or from representing the child Article 16 «Member States shall take the necessary measures to ensure that, where appropriate, a guardian is appointed to unaccompanied child victims of trafficking in human beings».
3. The EU Strategy towards the Eradication of Trafficking in Human Beings 2012–2016 “In addition, with respect to child trafficking, there is at present no uniform definition of a guardian and/or representative across the Member States and their roles, qualifications and understanding of competences vary from one Member State to another . In 2014, together with the European Union Agency for Fundamental Rights, the Commission intends to develop a best practice model on the role of guardians and/or representatives of child victims of trafficking.” PRIORITY A / Action 3: Protection of Child Victims of Trafficking
4. The EU Strategy towards the Eradication of Trafficking in Human Beings 2012–2016 “Comprehensive child-sensitive protection systems that ensure interagency and multidisciplinary coordination are key in catering to diverse needs of diverse groups of children, including victims of trafficking. (…)Member States should strengthen child protection systems for trafficking situationsand ensure where return is deemed to be the child’s best interest, the safe and sustainable return of children to the country of origin, in and outside the EU, and prevent them from being re-trafficked.” PRIORITY A / Action 3: Protection of Child Victims of Trafficking
5. Protection of allchildren deprived of parental care
6. Fundamental principles of guardianship systems
7. What guardians should do?
8. Core tasks of the guardian
9. Child’s participation and the role of the guardian
10. Information provided to children should at least cover: The functions, rights and duties of the guardian; The role, rights and duties of legal representatives; The child’s rights, taking into consideration the particular situation of each individual child, as regardsresidence status, international protection needs, need for victim support, etc.; The assistance and protection measures in place , and the service providers, on the base of the particular situation of the child The various criminal, administrative and civil proceedings the child might be involved in, including access to compensation. The individual complaint mechanisms available to a child to report violation of his/her rights;
11. Child’s participation in the context of trafficking In the context of trafficking, guardians, as well as other professionals working with child victims, whilst the have to fully respect the right of the child to be heard they should keep in mind that the child might be under the influence of the trafficker.
12. Legal representation and access to legal assistance and legal counselling
13. Main challenges Lack of training and specialization of guardians and of other professionals involved Deficiencies in human resources and lack of quality standards Independency and impartiality is not always guaranteed Lack of support offered to guardians e.g. access to translation and interpretation services and legal counselling The normative framework and the child protection system within witch guardians operate sets the limits of their work Need for a structured and systematic intra-EU as well as international cooperation mechanisms
14. Guardianship for children deprived of parental care A handbook to reinforce guardianship systems to cater for the specific needs of child victims of trafficking Forthcoming publication , June 2014