Principle 4:
Special protection measures
in returning child victims
In cases where the victim’s age is uncertain and there are reasons to believe that the
victim is a child, the presumption shall be that the victim is a child.
All decisions taken with respect to a child victim, regardless of whether or not they
are unaccompanied, must take the child’s best interests as a primary consideration.
The ultimate aim must be to ensure that the return of a child to her or his country of
origin is the durable solution, and as such addresses all the child’s protection needs,
takes into account the child’s views and, where possible, ensures that the child is not
unaccompanied or separated. The search for durable solutions must start by analysing
the possibility of family reunification.
In certain circumstances, a best interest determination may also be undertaken in
relation to young adults of up to 21 years of age and if this is deemed necessary to
address their protection needs or identify a durable solution.
In determining a durable solution for child victims of trafficking, children’s views
regarding their future, including their willingness and ability to return to their country or place of origin, shall be sought and given due consideration, in accordance with
the age and maturity of the child. To allow for the well-informed expression of their
views, children must be provided with all the relevant information, including concerning their entitlements, the services available, the asylum process, the family
tracing process and the situation in their countries of origin.
Destination countries should ensure that child victims who are not nationals or residents of that country are automatically granted a temporary residence permit that
entitles them to stay legally in the country until a best interests assessment is conducted and a durable solution is found.
Destination countries should appoint a legal guardian to a child victim of trafficking,
and before referring the child to any procedures or proceedings, should provide the
necessary legal aid. A child should be provided with a legal guardian when receiving immediate or long-term assistance, including during the child’s integration in
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Part 1: Guiding Principles of Return
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