states that “a child-sensitive approach, taking due account of the child’s age, maturity, views, needs and concerns, shall prevail”.220 Presumption of age, young adults and affording a status The best interest principle governs the order of priority of the protection needs in each case, starting from a prioritized identification of the victim as a child.221 If the age is uncertain, but there are reasons to believe that the person is a child, the person will be presumed to be a child.222 Pending the verification of the victim’s age, the person may not be removed from the state’s territory until the identification process has been completed.223 In certain circumstances, the UN promotes undertaking formal best interests determination procedures for young adults – in this case, those living together with unaccompanied children, possibly sharing the same experiences of flight.224 In such cases, the UNHCR may conduct a formal best interest determination procedure for young adults of up to 21 years of age, should this be necessary to identify their protection needs or a durable solution.225 OSCE participating States are committed to providing child victims of trafficking who are not nationals or residents of the destination country with a status that entitles them to stay, at least temporarily, in the country and be eligible to receive immediate assistance, which should include safe shelter, medical and psychological care, legal assistance, social services and education.226 In case the age of a victim is uncertain and there are reasons to believe that the victim may be a child, the Council of Europe Trafficking Convention foresees that the special protection and assistance measures for child victims provided for in the convention shall be accorded to the victim pending verification of her or his age.227 Although not explicitly stipulated in the UN Trafficking Protocol, a similar principle is outlined in the UNODC Legislative Guides for the implementation of the United Nations Convention against Transnational Organized Crime and the Protocol thereto.228 Similarly, EU legislation stipulates that, in cases where the age 220  Ibid., art. 1.2. 221  CRC General Comment No. 6, para. 31. 222  Ibid., also UNICEF Trafficking Guidelines, p. 15. 223  UNICEF Trafficking Guidelines, p. 15. 224  UN High Commissioner for Refugees (UNHCR), UNCHR Guidelines on Determining the Best Interests of the Child, May 2008, p. 49. 225  Ibid., p. 49. The UNHCR highlights that efforts should be made to ensure that the best interest determination process is implemented before a child reaches 18 years of age. For more information on this and on best interest determination for young adults, see Field Handbook for the Implementation of UNHCR BID Guidelines, UNHCR, 2011, pp. 72-73. 226  2005 Addendum to the OSCE Action Plan, rec. 8. 227  Council of Europe Trafficking Convention, art. 10(3). An almost identical requirement is also found in: Council of Europe, Council of Europe Convention on the Protection of children against sexual exploitation and sexual abuse, 12 July 2007, CETS No. 201, art. 11(2). 228  UN Office on Drugs and Crime (UNODC), Legislative Guides for the Implementation of the United Nations Convention Against Transnational Organized Crime and the Protocols Thereto (New York: United Nations, 2004), part 2, para. 65. 70 Part 2: Explanatory Report to the Principles

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