grant status. Each case of detention, however short, has severe consequences for
the mental health of children/minors, their wellbeing and development. Detention results in numerous risks and damage incurred due to restricting free movement. It causes trauma and has an adverse effect on general health condition.
It prevents access to education and increases risks linked to violence and abuse,
including gender-based violence and sexual abuse. Alternatives to detention already exist and have proven to be cost-efficient and operationally sustainable.
When making decisions on placing accompanied and unaccompanied children/
minors in closed institutions, the best interests of children/minors should prevail in
the assessment of competent experts. Determining the best interests of children/
minors requires a clear and thorough assessment of the child’s/minor’s identity,
including their nationality, upbringing, ethnic, cultural and linguistic background,
exposure to various forms of vulnerability and the need for care and protection.
The procedure of defining the child’s/minor’s best interest must be carried out in a
child-friendly and safe environment and atmosphere by experts qualified to conduct interviews in which the age and the child’s biological gender are considered.
The presence of parents, legal representatives/guardians or advocates whose role
is to monitor whether children’s/minors’ best interests are observed in procedures
is important for the realisation of their best interests.
The accommodation of a child/minor in a closed institution cannot in any circumstance be in their best interest, which is why it is important that competent
institutions further advocate solutions that observe international legal acts and
the commitments of the Republic of Slovenia.
We also recommended to the MNZ that the Centre or the inspector conducting
a procedure involving a foreigner ensure in the case of involuntary return that
documents (mentioned in the official note) are also stored in the physical form
in the foreigner’s personal file from which it is evident that the foreigner had
the opportunity to make contact with the representative, was informed of the
option to complain and that documents linked to the deportation are stored
in their personal file in a physical form. When inspecting one of the personal
files, it was noted that the file lacked physical documents from which it would be
evident that the foreigner had the option to contact the representative and file a
complaint within three days of the accommodation. Likewise, there were no physical documents on deportation in the personal file (e.g. when the deportation took
place, or the report on accompaniment).
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2.5 OBISK
CENTRA ZA TUJCE
We further advised the MNZ to organise thematic training for social workers
regarding the work with vulnerable groups.
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