Seminar on Migrant Children and Adolescence

1. Seminar on Migrant Children and Adolescence Panel: Strategies of Consular Protection, Procedures and Repatriation Agreements Guatemala, August 27 and 28, 2013

2. Consular Protection Strategies • Applying the principle of Determining the Best Interest of the Child: in all actions concerning children • Best practices: United States applies the DIS and prevents automatic deportations of unaccompanied migrant children and adolescents • Consulates have to assist with the agencies of the States to identify the best protection for children and adolescents • Independent legal representation, effective and accessible to all migrant children and adolescents • Currently, do lawyers in all States have access to the detention centers and shelters to provide free legal representation? • Is the Consul the child’s legal representative? • Provide consulates with specialized staff, budget according to the district, care procedures and detection of cases, among others.

3. Consular Protection • Inter-institutional coordination of Ministries of Foreign Affairs for the documentation of its citizens • Inter-consular coordination can be a good practice to raise standards of care and consular protection • The principle of the minority of age must be performed under standards of respect for the dignity of the child • Immediate consular notification in the points of detention of children and adolescents • Implementation of monitoring processes and y support to mobile populations such as: farmworker children, street children, and others. • Ensuring family unity

4. Repatriation Procedures • Repatriation occurs when so determined in the best interests of the child. • The procedures and Repatriation Agreements should not be conceived simply as operating mechanisms but as procedures to ensure the protection of children and adolescents with human rights approach • Repatriation should not start if due process has not been guaranteed • Repatriation processes must be undertaken in light of the respect for the dignity and security of children and adolescents • Should the Regional Guidelines be updated based on the protection of Unaccompanied Migrant Children and Adolescents? • Introduction/definition update • Overcoming care approach for protection and rights approach • Development of the institutional reference framework • Consular care and protection • Children and Adolescence cases in highly vulnerable condition