The best interest of the child vs. the best interest of the German state in transnational child protection cases Session III Stockholm, January 29, 2014 Dorothea Czarnecki ECPAT Germany

 International Secretariat in Bangkok, worldwide 82 ECPAT groups in 75 countries  ECPAT Germany: – Network of 29 organizations – Secretariat in Freiburg (4 staff, 2 interns) – Lobby and Advocacy work – Main emphasis: Trafficking of Children, Child Pornography, Sexual Violence in Online Situations, Sexual Exploitation related to tourism

Key problems  Children at risk (CSE/trafficking): Lack of information  problem is unrecognized by the public and politics; no adequate measures can be taken  “Best interest of the child” broader than “well being”  no mechanism for the consideration the best interest of the child in all relevant measures affecting them  Implementation of basic child rights is a question of origin  discrimination of minor refugees and vulnerable foreign children

foreign minor Residence Act Child and Youth Welfare Law  No common definition of „best interest of the child“  no consideration of the best interest of the child

Criminal Law  National Report on OPSC Art. 9: sexual abuse in familiar and institutional context – Missing: Commercial sexual exploitation and other forms (e.g. begging, labour exploitation)  Implementation of 2011/36 /EU in 2014  Exploitation for the purpose of theft and begging  problem of identification of foreign children as victims  Child trafficking („Kinderhandel“)  illicit adoption of children  Suspension of punishment no obligatory provision for minors

Residence Act  Age determination: – Burden of proof has to be carried out by the foreigner – Age limitation till under 14 – Visual inspection  Non-existence of separate immigration requirements for minor affected by human trafficking  contradictory to the best interest of the child

The protection of child victims rights  Article 8 OPSC: measures for protections of child victims in criminal proceedings – Missing in National Report: implementation regarding criminal prosecution and protection of child victims  Poor information of children, no witness assistance  Support by counseling centers vs. doubts in credibility  No nationwide counseling centres; gender discrimination  no specified accommodation for child victims of trafficking  Unaccompanied minor refugees: reluctant assignment of guardians

Training of professionals  stronger sensitization of judges, lawyers, prosecutors  Youth Welfare Service and professionals working for/with underage refugees/foreign minors must know the CRC  specially trained commissioners for the asylum procedure 1st National Report Germany, p13

More information: Thank you! Questions?