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). 64