European legal and policy framework on immigration detention of children detention procedure.276 A representative of the guardianship authority (the local branch of the Office of Social and Legal Protection of Children, Orgán sociálně-právní ochrany děti) will be present during the interview with the child at the police station where they are initially held. Research shows that often the authorities do not assign an individual guardian to the child before ordering detention. When there is a guardian, the amount and frequency of personal contact with the child differs in individual Member States.277 Often, only a legal representative is assigned to the child and not a guardian. The legal representative is tasked with representing the child in the legal proceedings, for example lodging an appeal. In Sweden for example, if the child does not have a guardian ad litem, a public counsel (offentligt biträde) is appointed to represent the child. Such a public counsel must always be appointed for unaccompanied children in migration-related detention and acts as a representative of the child in court.278 Conclusion The right to be heard, which is a general principle of EU law, and Article 24 of the Charter mean that children must have effective opportunities to express their views. These are to be considered in accordance with the child’s age and maturity. To ensure that the best interests of the child are a primary consideration in all procedures concerning children, general procedural safeguards applicable to immigration detention, such as judicial review, and access to free legal aid and linguistic assistance, are complemented by child-specific safeguards. These include guardians for unaccompanied children, and conducting procedures and providing information in a child-friendly manner. Although the current provisions of EU  law do not expressly define its functions, the role of a guardian for unaccompanied children is indispensable in ensuring the child’s overall well-being, safeguarding the child’s best interests and exercising legal representation, 276 Czech Republic, Act on the Residence of Foreign Nationals No. 326/1999 Coll. (Zákon o pobytu cizinců na území České republiky a o změně některých zákonů), 30 November 1999, Section 124 (5). Amended version available at: http:// www.zakonyprolidi.cz/cs/1999–326. See also Czech Republic, Ministry of Labour and Social Affairs (Ministerstvo práce a sociálních věcí), 2009, Nezletilý cizinec bez doprovodu (manual). 277 FRA (2014), Guardianship for children deprived of parental care – A handbook to reinforce guardianship systems to cater for the specific needs of child victims of trafficking, Luxembourg, Publications Office, pp. 54–55. 278 Sweden, Aliens Act (Utlänningslag (2005:716)), chapter 18, sections 1 and 3, 29 September 2005. 68 complementing the limited legal capacity of the child. The guardianship systems of individual Member States vary in scope and capacity, and do not always ensure that guardians are appointed soon enough after a child is identified as unaccompanied. As a result, the children may not benefit from the presence of a guardian when, for example, a decision on detention is made. Conducting immigration-related procedures involving children in a child-friendly manner is a precondition for involving them meaningfully in the procedures, as it enables the authorities to take the views of the child into account. Only some EU Member States have legislation specifically stipulating the child’s right to be heard before the authorities decide on detention, as required by the Convention on the Rights of the Child. Similarly, the availability of child-specific information in asylum and return-related procedures varies for both unaccompanied and accompanied children; their parents are generally expected to provide them with information. Even where information targeted specifically at children is available, it is not always delivered in a childappropriate manner or in a form that is adapted to the specific situation and needs of children. This, together with not enough child-specific training and expertise among some staff conducting proceedings with children, may not only contribute to the feeling of insecurity and intimidation, but also effectively prevent children from fully exercising their rights. FRA opinion 6 To ensure children’s right to be heard, which is a  general principle of EU  law, EU  Member States should develop and use child-friendly information and materials, and train officers and other relevant staff to conduct procedures in a  child-appropriate manner and facilitate children’s involvement. In light of Article  24 of the Charter (rights of the child), EU  Member States should appoint a guardian as soon as an unaccompanied child is identified and before they decide on deprivation of liberty.

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