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Session III

The best interest of the child vs. the best interest of the German state in transnational child protection cases. Session III. Stockholm, January 29, 2014 Dorothea Czarnecki ECPAT Germany. International Secretariat in Bangkok, worldwide 82 ECPAT groups in 75 countries ECPAT Germany:

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Session III

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  1. The best interest of the child vs.the best interest of the German state in transnational child protection cases Session III Stockholm, January 29, 2014 Dorothea Czarnecki ECPAT Germany

  2. International Secretariat in Bangkok, worldwide 82 ECPAT groups in 75 countries • ECPAT Germany: • Network of 29 organizations • Secretariat in Freiburg (4 staff, 2 interns) • Lobby and Advocacy work • Main emphasis: Trafficking of Children, Child Pornography, Sexual Violence in Online Situations, Sexual Exploitation related to tourism

  3. Key problems • Children at risk (CSE/trafficking): Lack of information  problem is unrecognized by the public and politics; no adequate measures can be taken • “Best interest of the child” broader than “well being”  no mechanism for the consideration the best interest of the child in all relevant measures affecting them • Implementation of basic child rights is a question of origin  discrimination of minor refugees and vulnerable foreign children

  4. No common definition of „best interest of the child“ • no consideration of the best interest of the child

  5. Criminal Law • National Report on OPSC Art. 9: sexual abuse in familiar and institutional context • Missing: Commercial sexual exploitation and other forms (e.g. begging, labour exploitation)  Implementation of 2011/36 /EU in 2014 • Exploitation for the purpose of theft and begging  problem of identification of foreign children as victims • Child trafficking („Kinderhandel“)  illicit adoption of children • Suspension of punishment no obligatory provision for minors

  6. ResidenceAct • Age determination: • Burden of proof has to be carried out by the foreigner • Age limitation till under 14 • Visual inspection • Non-existence of separate immigration requirements for minor affected by human trafficking  contradictory to the best interest of the child

  7. The protectionofchildvictimsrights • Article 8 OPSC: measures for protections of child victims in criminal proceedings • Missing in National Report: implementation regarding criminal prosecution and protection of child victims • Poor information of children, no witness assistance • Support by counseling centers vs. doubts in credibility • No nationwide counseling centres; gender discrimination • no specified accommodation for child victims of trafficking • Unaccompanied minor refugees: reluctant assignment of guardians

  8. Training ofprofessionals 1st National Report Germany, p13 • stronger sensitization of judges, lawyers, prosecutors • Youth Welfare Service and professionals working for/with underage refugees/foreign minors must know the CRC • specially trained commissioners for the asylum procedure

  9. More information: www.ecpat.de www.ecpat.net www.b-umf.de Thank you! Questions? czarnecki@ecpat.de

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