European legal and policy framework on immigration detention of children
Figure 15: Procedural safeguards for children
Procedural
safeguards
Child-friendly information
and procedures
Guardianship
Source: FRA, 2017
Specific procedural safeguards for children exist,
because it is necessary to ensure that the best interests of the child is a primary consideration in all procedures concerning children. This chapter focuses on
two key safeguards for children: (1) the importance of
child-friendly procedures and provision of information
in a child-friendly manner; and (2) the role of guardianship for unaccompanied children (Figure 15).
6.1. Child-friendly information
and procedures
Procedural steps that may result in placing children in
detention as well as those affecting a child already in
detention need to be based on a child-friendly approach
that respects the child as a human being and allows
them to fully exercise their rights. Organising the relevant procedures in a child-friendly and child-sensitive
manner is crucial to avoid intimidating the child and to
be able to assess the best interests of the child based
on their actual views. It requires proactive provision
of information to the child on the procedure and their
rights. Staff interacting with children in the context of
the procedures need adequate training and awareness
of the specific needs of children who are or may be
subject to immigration detention., When children are
involved with justice systems (including when they
seek asylum) that are not child-friendly, they can face
obstacles with regard to legal representation or being
heard, receive inadequate information or be treated as
adults without safeguards adequate to their vulnerability, the 2011 European Commission Communication An
EU Agenda for the Rights of the Child acknowledges.
Guidance and tools: Council of Europe
guidance on child-friendly justice
The Committee of Ministers of the Council of
Europe adopted guidelines on child-friendly
justice in 2010. Their general elements are
intended to apply also outside the justice
system, including to children in contact with
police or immigration authorities. Among other
principles, they emphasise the importance of
prompt and adequate information, including
on children’s rights and applicable procedures,
possible remedies and review mechanisms, or
availability of support mechanisms and services.
The information should be appropriate to the age
and maturity of the child, in a language that the
child can understand and sensitive to gender and
culture. The guidelines also underline the role of
training of professionals working with children.
They should receive interdisciplinary training on
the rights and needs of children of different age
groups, and on communicating with them at all
ages and stages of development, including when
children are particularly vulnerable (see also
Chapter 6 in relation to the child-specific training
of detention staff).
Source: Council of Europe, Committee of Ministers (2010), Guidelines on child-friendly justice, 17 November 2010, in particular pp.
20-21 and 23
6.1.1. Child-friendly procedures and the
right to be heard
EU law does not comprehensively prescribe how to
ensure that procedures involving children are childfriendly. It emphasises, however, the best interests
of the child as a primary consideration when deciding on detention in asylum and return procedures. The
Reception Conditions Directive highlights the importance assessing the best interests of the child based
on the views of the child in accordance with their age
and maturity.251 As a horizontal obligation, it also applies
251 Reception Conditions Directive, Article 23 (2) (d).
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