Best Interests Principle in Europe

This special feature on Refworld is a companion tool to Safe and Sound: What States can do to respect the best interests of unaccompanied and separated children in Europe (a joint UNHCR/UNICEF publication). It brings together international and regional legal and policy documents related to ensuring respect for the best interests of unaccompanied and separated children in Europe, and includes examples of noteworthy national practices, studies and research. This feature will be updated with relevant documents as they become available in the public domain.

International Legal Documents

• Statute of the Office of the United Nations High Commissioner for Refugees, UN General Assembly, A/RES/428(V), 14 December 1950 (also available in French)
• Convention on the Rights of the Child, UN General Assembly, United Nations, Treaty Series, vol. 1577, p. 3, 20 November 1989 (See especially Article 3 on the best interests of the child, Article 2 on non-discrimination, Article 6 on the right to life and survival and development, Article 12 on the right to be heard) (also available in French)
• General comment No. 14 (2013) on the right of the child to have his or her best interests taken as a primary consideration (art. 3, para. 1), United Nations Committee on the Rights of the Child (CRC), CRC/C/GC/14, 29 May 2013 (also available in French)
• General comment No. 12 (2009): The right of the child to be heard, United Nations Committee on the Rights of the Child (CRC), CRC/C/GC/12, 20 July 2009 (also available in French)
• General comment No. 6 (2005): Treatment of Unaccompanied and Separated Children Outside their Country of Origin, United Nations Committee on the Rights of the Child (CRC), CRC/GC/2005/6, 1 September 2005 (also available in French)
• General comment No. 5 (2003), General measures of implementation of the Convention on the Rights of the Child, United Nations Committee on the Rights of the Child (CRC), CRC/GC/2003/5, 27 November 2003 (also available in French)

European Legal Documents

• European Convention for the Protection of Human Rights and Fundamental Freedoms, as amended by Protocols Nos. 11 and 14, Council of Europe, ETS 5, 4 November 1950 (also available in French)
• Charter of Fundamental Rights of the European Union, European Union, 2012/C 326/02, 26 October 2012 (also available in French)
• Council of Europe Convention on Action Against Trafficking in Human Beings, Council of Europe, CETS 197, 16 May 2005 (also available in French)

European Union Legal Framework

Regulations
• Regulation (EU) No 610/2013 of the European Parliament and of the Council amending Regulation (EC) No 562/2006 of the European Parliament and of the Council establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code), the Convention implementing the Schengen Agreement, Council Regulations (EC) No 1683/95 and (EC) No 539/2001 and Regulations (EC) No 767/2008 and (EC) No 810/2009 of the European Parliament and of the Council, European Union: Council of the European Union, OJ L 182/1-182/18, 29 June 2013 (also available in French)
• Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (recast), European Union: Council of the European Union, OJ L. 180/31-180/59, (EU)No 604/2013, 29 June 2013 (also available in French)
• Regulation (EU) No 603/2013 of the European Parliament and of the Council of 26 June 2013 on the establishment of 'Eurodac' for the comparison of fingerprints for the effective application of Regulation (EU) No 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person and on requests for the comparison with Eurodac data by Member States' law enforcement authorities and Europol for law enforcement purposes, and amending Regulation (EU) No 1077/2011 establishing a European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (recast), European Union: Council of the European Union, OJ L. 180/1-180/30; 29.6.2013, (EU)2003/86, 29 June 2013 (also available in French)
Directives
• Directive 2013/33/EU of the European Parliament and Council of 26 June 2013 laying down standards for the reception of applicants for international protection (recast), European Union: Council of the European Union, OJ L. 180/96 -105/32; 29.6.2013, 2013/33/EU, 29 June 2013 (also available in French)
• Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (recast), European Union: Council of the European Union, OJ L. 180/60 -180/95; 29.6.2013, 2013/32/EU, 29 June 2013 (also available in French)
• Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted (recast), European Union: Council of the European Union, OJ L. 337/9-337/26; 20.12.2011, 2011/95/EU, 20 December 2011 (also available in French)
• Directive 2011/51/EU of the European Parliament and of the Council of 11 May 2011 amending Council Directive 2003/109EC to extend its scope to beneficiaries of international protection, European Union, OJ L. 132/1-132/4; 19.5.2011, 2011/51/EU, 19 May 2011 (also available in French)
• Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA, European Union: Council of the European Union, OJ L. 101/1-101/11; 15.4.2011, 2011/36/UE, 15 April 2011 (also available in French)
• Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals, European Union: Council of the European Union, OJ L. 348/98-348/107; 16.12.2008, 2008/115/EC, 16 December 2008 (also available in French)
• Council Directive 2004/81/EC of 29 April 2004 on the Residence Permit Issued to Third-Country Nationals Who are Victims of Trafficking in Human Beings or Who Have Been the Subject of an Action to Facilitate Illegal Immigration, Who Cooperate With the Competent Authorities, European Union: Council of the European Union, 2004/81/EC, 6 August 2004 (also available in French)
• Council Directive 2003/86/EC of 22 September 2003 on the Right to Family Reunification, European Union: Council of the European Union, OJ L. 251/12-251/18; 3.10.2003, 2003/86/EC, 3 October 2003 (also available in French)

European Union Policy Documents

• Guardianship for children deprived of parental care : A handbook to reinforce guardianship systems to cater for the specific needs of child victims of trafficking, European Union: European Agency for Fundamental Rights, ISBN 978-92-9239-464-6, June 2014
• EASO Age assessment practice in Europe, European Union: European Asylum Support Office (EASO), December 2013
• Report on the situation of unaccompanied minors in the EU (2012/2263(INI)) : Committee on Civil Liberties, Justice and Home Affairs, European Union: European Parliament, A7-0251/2013, 26 August 2013 (also available in French)
• Commission Staff Working Document on the implementation of the Action Plan on Unaccompanied Minors (accompanying the document, Report from the Commission to the Council and the European Parliament, Mid-term report on the implementation of the Action Plan on Unaccompanied Minors, European Union: European Commission, COM(2012) 554 final, 28 September 2012 (also available in French)
• Communication from the Commission to the European Parliament and the Council. Action Plan on Unaccompanied Minors (2010 - 2014), European Union: European Commission, COM(2010) 213/3, 6 May 2010 (also available in French)
• Action Plan Implementing the Stockholm Programme, European Union: European Commission, COM(2010) 171 final, 20 April 2010 (also available in French)

UNHCR Policy Documents

• Protecting the best interests of the child in Dublin Procedures - UNHCR's comments on the European Commission's Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EU) No 604/2013 as regards determining the Member State responsible for examining the application for international protection of unaccompanied minors with no family member, sibling or relative legally present in a Member State, UN High Commissioner for Refugees (UNHCR), February 2015
• Safe and Sound: what States can do to ensure respect for the best interests of unaccompanied and separated children in Europe, UN High Commissioner for Refugees (UNHCR), October 2014
• Guidelines on the Applicable Criteria and Standards relating to the Detention of Asylum-Seekers and Alternatives to Detention, UN High Commissioner for Refugees (UNHCR), 2012 (also available in French)
• A Framework for the Protection of Children, UN High Commissioner for Refugees (UNHCR), 26 June 2012 (also available in French)
• Refugee Protection and Mixed Migration: The 10-Point Plan in action, UN High Commissioner for Refugees (UNHCR), February 2011
• Special measures applying to the return of unaccompanied and separated children to Afghanistan, UN High Commissioner for Refugees (UNHCR), August 2010 (also available in French)
• Guidelines on International Protection No. 8: Child Asylum Claims under Articles 1(A)2 and 1(F) of the 1951 Convention and/or 1967 Protocol relating to the Status of Refugees, UN High Commissioner for Refugees (UNHCR), HCR/GIP/09/08, 22 December 2009 (also available in French)
• UNHCR Guidelines on Determining the Best Interests of the Child, UN High Commissioner for Refugees (UNHCR), May 2008 (also available in French)
• Guidelines on Policies and Procedures in Dealing with Unaccompanied Children Seeking Asylum, UN High Commissioner for Refugees (UNHCR), February 1997 (also available in French)
• Refugee Children: Guidelines on Protection and Care, UN High Commissioner for Refugees (UNHCR), 1994

UNHCR ExCom and Standing Committee

• Conclusion on Children at Risk, UN High Commissioner for Refugees (UNHCR), No. 107 (LVIII) - 2007, 5 October 2007 (also available in French)

European Union Research

• Separated, asylum-seeking children in European Union Member States, European Union: European Agency for Fundamental Rights, 978-92-9192-653-4, 7 December 2011
• Child Trafficking in the European Union: Challenges, Perspectives and Good Practices, European Union: European Agency for Fundamental Rights, ISBN 978-92-9192-399-1, 7 July 2009

UNHCR Research

• Why do children undertake the unaccompanied journey?, PDES/2014/03, UN High Commissioner for Refugees (UNHCR), December 2014
• UNHCR Child Protection Issue Brief: Child-friendly procedures (forthcoming)
• Unaccompanied and Separated Asylum-seeking and Refugee Children Turning Eighteen: What to Celebrate?, UN High Commissioner for Refugees (UNHCR), March 2014
• Children on the Run: Unaccompanied Children Leaving Central America and Mexico and the need for International Protection, UN High Commissioner for Refugees (UNHCR), 13 March 2014
• Protecting children on the move, UN High Commissioner for Refugees (UNHCR), July 2012
• Trees only move in the wind: a study of unaccompanied Afghan children in Europe, UN High Commissioner for Refugees (UNHCR), PDES/2010/05, June 2010
• Voices of Afghan Children - A Study on Asylum-Seeking Children in Sweden, UN High Commissioner for Refugees (UNHCR), June 2010

UNICEF Policy Documents

• Age Assessment: A Technical Note, UN Children's Fund (UNICEF), January 2013
• Judicial Implementation of Article 3 of the Convention on the Rights of the Child in Europe : The case of migrant children including unaccompanied children, UN Children's Fund (UNICEF), June 2012
• Child Protection Strategy, UN Children's Fund (UNICEF), 20 May 2008
• Reference Guide on Protecting the Rights of Child Victims of Trafficking in Europe, UN Children's Fund (UNICEF), ISBN-13: 978-92-806-4026-7; ISBN-10: 92-806-4026-7, 2006
• Guidelines on the Protection of Victims of Child Trafficking, UN Children's Fund (UNICEF), September 2006

UNICEF Research

• Child Trafficking in the Nordic Countries: Rethinking strategies and national responses, UN Children's Fund (UNICEF), December 2011
• Child Trafficking in Europe. A Broad Vision to Put Children First, UN Children's Fund (UNICEF), October 2007

Other Policy Documents and Research

• Unaccompanied Migrant Children In The EU, European Parliamentary Research Service, January 20, 2016
• Dublin Support for Guardians: Manual and Project Report, Nidos in cooperation with Caritas International and France Terre d’Asile, January 2015
• Right to Justice: Quality Legal Assistance for Unaccompanied Children - Comparative Report, European Council on Refugees and Exiles, July 2014
• Identifying good practices in, and improving, the connections between actors involved in reception, protection and integration of unaccompanied children in Europe, CONNECT Project, 2014
• Monitoring Mechanism for Returned Minors, HIT Foundation, February 2014
• Position Paper on Age Assessment in the Context of Separated Children in Europe, Separated Children in Europe Programme, 2012
• Comparative Study on Practices in the Field of Return of Minors, European Council on Refugees and Exiles, HOME/2009/RFXX/PR/1002, December 2011
• Prevent. Combat. Protect: Human Trafficking, UN High Commissioner for Refugees (UNHCR), November 2011
• Which protection for children involved in mobility in West Africa, Project of Joint Regional Study on the Mobility of Children and Youths in West Africa, PLAN, WARO, ENDA, Jeunesse Action, AMWCY, ILO, Terre des hommes Foundation, IOM, Aide à l’Enfance–Suède, UNICEF WCARO, June 2011
• On the Safe Side: Principles for the safe accommodation of child victims of trafficking, End Child Prostitution, Child Pornography and the Trafficking of Children for Sexual Purposes UK (ECPAT UK), 2014
• SCEP Statement of Good Practice, Separated Children in Europe Programme, 4th Revised Edition, March 2010
• Towards a European Network of Guardianship Institutions, NIDOS Foundation from the Netherlands and Refugium from Germany, European Commission European Refugee Fund (ERF), March 2010
• Legislation and the Situation Concerning Trafficking in Human Beings for the Purpose of Sexual Exploitation in EU Member States, International Centre for Migration Policy Development (ICMPD), European Union: European Commission, 2009
• Position Paper on Preventing and Responding to Trafficking of Children in Europe, Save the Children, December 2007
• Inter-Agency Guiding Principles on Unaccompanied and Separated Children, UNICEF, UNHCR, ICRC, Save the Children, IRC, World Vision International, January 2004 (also available in French)