Guardianship for children deprived of parental care A handbook to reinforce guardianship systems to cater for the specific needs of child victims of trafficking Expert Meeting on: Returns and Transfers: International and European standards, procedures and safeguards for children exposed to exploitation, trafficking and children at risk Riga, 13th - 14th of May 2014

2 Anti-Trafficking Directive (2011/36/EU) Article 14 «Members States shall appoint a guardian or a representative for a child victim of trafficking in human beings from the moment the child is identified by the authorities where, by national law, the holders of parental responsibility are, as a result of a conflict of interest between them and the child victim, precluded from ensuring the child’s best interest and/or from representing the child Article 16 «Member States shall take the necessary measures to ensure that, where appropriate, a guardian is appointed to unaccompanied child victims of trafficking in human beings».

3 The EU Strategy towards the Eradication of Trafficking in Human Beings 2012–2016 “In addition, with respect to child trafficking, there is at present no uniform definition of a guardian and/or representative across the Member States and their roles, qualifications and understanding of competences vary from one Member State to another. In 2014, together with the European Union Agency for Fundamental Rights, the Commission intends to develop a best practice model on the role of guardians and/or representatives of child victims of trafficking.” PRIORITY A / Action 3: Protection of Child Victims of Trafficking

4 The EU Strategy towards the Eradication of Trafficking in Human Beings 2012–2016 “Comprehensive child-sensitive protection systems that ensure interagency and multidisciplinary coordination are key in catering to diverse needs of diverse groups of children, including victims of trafficking. (…)Member States should strengthen child protection systems for trafficking situations and ensure where return is deemed to be the child’s best interest, the safe and sustainable return of children to the country of origin, in and outside the EU, and prevent them from being re-trafficked.” PRIORITY A / Action 3: Protection of Child Victims of Trafficking

5 Migration e.g. unaccompanied children, children left behind Parental abuse and neglect e.g. Children in alternative care institutions Child Trafficking Various reasons for deprivation of family environment and parental care Appointment of guardian is a key safeguard of child protection, when a child is temporarily or permanently deprived of parental environment Article 20 of UNCRC on protection of children deprived of parental environment They have experience separation and loss of family; if not already victims of abuse and exploitation are in risk of becoming victims, might suffer from trauma ; are in need of support, protection and rehabilitation measures;, those already being victims are in risk of further abuse and victimization Common needs and equal rights Protection of all children deprived of parental care

6 Fundamental principles of guardianship systems Child participation SustainabilityAccountabilityQuality Independence and impartiality Non discrimination Fundamental principles of guardianship systems

7 What guardians should do?

8 Core tasks of the guardian Safeguard the best interests of the child Promoting the child’s safety and well-being Facilitate child’s participation Acting as a link between the child and others Assisting in identifying a durable solution in the best interest of the child Exercising legal representation, supporting the child in legal procedures and ensuring access to legal assistance and counselling Core tasks of the guardian

9 The right of the child to be heard Provide and facilitate access to information Ensure access to legal counselling Safeguard the right of the child to legal assistance Exersise legal representation when necessary Speak on behalf of the child when necessary Child’s participation and the role of the guardian

10 Information provided to children should at least cover: The functions, rights and duties of the guardian; The role, rights and duties of legal representatives; The child’s rights, taking into consideration the particular situation of each individual child, as regards residence status, international protection needs, need for victim support, etc.; The assistance and protection measures in place, and the service providers, on the base of the particular situation of the child The various criminal, administrative and civil proceedings the child might be involved in, including access to compensation. The individual complaint mechanisms available to a child to report violation of his/her rights;

11 In the context of trafficking, guardians, as well as other professionals working with child victims, whilst the have to fully respect the right of the child to be heard they should keep in mind that the child might be under the influence of the trafficker. Child’s participation in the context of trafficking

12 Exercising legal representation, supporting the child in legal procedures and ensuring access to legal assistance and counselling Inform the child of his/her right to legal advice and representation; Ensure that a legal representative be appointed and free legal advice is provided whenever the child is entitled to it; Monitor the work of professionals providing legal assistance and representation Facilitate the communication between the child and such professionals when necessary, Accompany the child and actively participate in interviews and hearings with the child Legal representation and access to legal assistance and legal counselling

13 Exercising legal representation, supporting the child in legal procedures and ensuring access to legal assistance and counselling Prepare the child emotionally and psychologically before interviews and hearings and make sure that the child has a proper understanding of the proceedings Facilitate that throught out legal proceedings the child has access to appropriate translation and interpretation services for free Support the child to understand communication received, including communication by his legal representative Discuss with the child the outcome of the proceedings and court decisions and explain its relevance to the child’s particular situation and future options and steps available

14 Main challenges Lack of training and specialization of guardians and of other professionals involved Deficiencies in human resources and lack of quality standards Independency and impartiality is not always guaranteed Lack of support offered to guardians e.g. access to translation and interpretation services and legal counselling The normative framework and the child protection system within witch guardians operate sets the limits of their work Need for a structured and systematic intra-EU as well as international cooperation mechanisms

Guardianship for children deprived of parental care A handbook to reinforce guardianship systems to cater for the specific needs of child victims of trafficking F orthcoming publication, June 2014