1. Best Interests Determination of Children – the Finnish experience
Promoting The Human Rights and Best Interests of Children
in Transnational Child Protection Cases
Stockholm
Senior Adviser Iiris Hjelt (Asylum Unit) and Senior Adviser Mikaela Lindroos (Reception Unit),
Finnish Immigration Service, Finland

2. Structure of the presentation2
Structure of the presentation
Legal background in Finland for the best interests determination of children
Asylum process – unaccompanied minors
Reception services of unaccompanied minors
Case assesment – social worker
Information gathering – social worker
Information gathering – asylum unit
Decision making – durable solutions
Recommendations

3. Background - legal framework3
Background - legal framework
Aliens Act 6§
Act on Reception 5§
Special attention to child's health, development and best interests
Child's opinions must be taken into consideration in an age appropriate manner -> 12-year-olds and older are always interviewed, unless it's obviously unnecessary
Accelerated process
Special attention to child's health, development and best interests
Child's wishes and opinions must be taken into consideration in an age appropriate manner
Act on Child Protection 24§ etc.
Sets frames to appointing a guardian and defines more accurately the best interests of a child
(Act is applicable both to Finnish children and migrant children)

4. The asylym process – unaccompanied minors4
The asylym process – unaccompanied minors
Asylum application (Border Guard / Police)
(Age assesment / Language tests)
Accommodation to a group home
District court nominates a guardian (director of reception center covers)
Legal aid is also available for free and it is encouraged
Social worker's statement
Finnish Immigration Service conducts an interview (travel route, identity, asylum grounds and family tracing)
(National assistance system for victims of human trafficking)
Accelerated process!
Finnish Immigration Service makes a decision Protection / residence permit granted -> municipalities to offer intgration services
Return to home country -> Police and the IOM

5. Reception of minor asylum seekers5
Reception of minor asylum seekers
An unaccompanied minor is always at first placed at a reception centre which is specialised in the reception of minors or, if the child arrives with his/her relatives, in an adult reception centre.
The reception service consists of
accommodation
social services
health care
Every reception centre provides at least one social worker and a health care professional

6. I CASE ASSESSMENT Social worker at Reception Centre:6
I CASE ASSESSMENT
Social worker at Reception Centre:
Ensures the childs well-being according to the Act on Child Protection
Gathers information and make a statement according to the Aliens Act § 6
Specialised Senior Adviser at the Asylum Unit:
Conducts the asylum interview
Decides on age assesment and language testing
Makes the decision with a superior (always 2 names)
Takes the statement into consideration in decision

7. I CASE ASSESSMENTS Social services7
I CASE ASSESSMENTS Social services
every child has a social worker.
the social worker will arrange a guardian for the child.
an initial assessment will be made within a month by the social worker
multiprofessionality within the reception centre is crucial for the social worker – what is going on with the child in the centre

8. Background information Experience of traumas and8
II INFORMATION GATHERING Model of psychosocial inquiry
1 Initial assessment
Background information
Wellbeing
2 Indepth interview
Experience of traumas and
traumarelated stress
3 Statement upon
the Best
Interest of the
Child
Signs of trafficking
Observationsheet
Guidelines for psychosocial inquiry and assessment of the Best Intresst of the Child

9. II INFORMATION GATHERING Model of psychosocial inquiry9
II INFORMATION GATHERING Model of psychosocial inquiry
1 Initial assessment – Background informations
Approximately 1,5 h
The childs guardian and an interpreter is present
The aim is to connect with the child and build trust
Issues:
Familybackground
Life in the country of origin, including possible work, marriage
Separation from the family, experiences during the travel, possession of traveldocuments, possible working during the move from country of origin
Wellbeing and identity
The childs opinions and viewpoints

10. II INFORMATION GATHERING Model of psychosocial inquiry10
II INFORMATION GATHERING Model of psychosocial inquiry
1 Initial assessment – wellbeing
Approximately 1 h
The aim is to find out about the childs physical and psychological strenghts and sence of being safe
Partly open questions and partly statements
Issues:
Physical injuries or disabilities
Eating and sleepinghabits
Medicine and drugabuse
Psychological wellbeing
Feelings about country of origin and being on the move
Feelings of being safe and factors or characteristics for the child that could act as buffers to negative experiences

11. II INFORMATION GATHERING Model of psychosocial inquiry11
II INFORMATION GATHERING Model of psychosocial inquiry
2 Indepth interview – growth and identity
Approximately 1,5 – 2 h or in two different sessions
The childs guardian might be present but not necessarily. If the guardian is not present, the socialworker tells the child that the guardian will get the information from the interview
The aim is to find out more about the issues discussed during the initial assessment, focusing on risks and potentiality to growth and developing.
Repeating and cumulating information gathering:
Familybackground, also possible experiences of violence
Life in the country of origin, including possible work
Separation from the family, experiences during the travel, possible working during the move from country of origin
Wellbeing and identity
The childs opinions and viewpoints -

12. II INFORMATION GATHERING Model of psychosocial inquiry12
II INFORMATION GATHERING Model of psychosocial inquiry
2 Indepth interview – traumas
Approximately 1,5 – 2 h or in two different sessions
The aim is to find out if the child has suffered from severe traumas.
Special attention should be made on safety, changes during the interview should be made according to the reactions and with respect for the individual child.
Mostly statements with yes or no answers, also follow up questions.
It the child has been trafficked, the inquiry will continue specifically regarding these experiences and safety
Issues:
Experiences of violence, homelessness, war, torture etc
Feelings of stress, sleeplessness, concentrating difficulties, compulsory thoughts etc

13. II INFORMATION GATHERING Model of psychosocial inquiry13
II INFORMATION GATHERING Model of psychosocial inquiry
3 Statement on the best interest of the child
is given before the asylum interview
is the social workers professional view on the best interest of the child
the child is informed from the beginning that there will be a statement made
the child and the guardian will have an opportunity to take part in the content of the statement before it is sent to the Asylum Unit

14. II INFORMATION GATHERING Model of psychosocial inquiry14
II INFORMATION GATHERING Model of psychosocial inquiry
3 Statement on the best interests of the child
Following points are to be considered:
Safety – in what way can the child be protected from future neglect, violence and abuse
Family and close relations – in what way can continuity to familymembers and/or important close persons, which supports the childs development, be safeguarded
Wellbeing, developing and identity – will the child's survival, health care and development be secured
The childs opinion – what has the child brought forward about the situation in the centre and for the future regarding staying in Finland, family, education and work.

15. II INFORMATION GATHERING Asylum Unit15
II INFORMATION GATHERING Asylum Unit
Asylum interview
Medical Age Assesment
Specialized Senior Adviser (Case Officer) interviews – travel route, identity, asylum grounds and family tracing
Age appropriate interviews, special attention to the room setting, possibility of drawing or having toys etc.
Principle is to have one interview, but possibility to have multiple meetings
Reasonable grounds for suspecting the reliability of the age given
Information must be given on the test + written consent of the person to be tested + guardian's consent
Refusal to undergo an examination
-> treated as an adult
Language testing
Språk Ab
Language test results taken into account, results cannot be used as the only decisive factor

16. III DECISION MAKING Asylum Unit16
III DECISION MAKING Asylum Unit
Positive decision
Negative decision
Asylum, subsidiary protection – 4 year permit
Residence permit for compassionate reasons – 1 year
Municipalities are bound by law to offer services for integration – varies by municipality
Proven and ongoing connection and communication with parents or permanent care taker
Police's responsibility to organise the return to home
Voluntary returns are organised by the IOM

17. 17
Finnish Immigration Service in a relation to National Assistance System for Victims of Human Trafficking
Finnish Immigration Service
National Assistance System (Centralized model)
Responsibility to let the National Assistance System know (with the consent of the possible victim)
Residence permit (1 year) can be granted on the basis of being a VHT
Reliable statistics is a problem
2016 – 5 minors (2015 – 2 minors) have received a decision
Decides whether they take the person into the system
Both Finnish citizens and migrants
Specialized help provided
17 minors in the Assistance System in 2016 – all of whom are asylum seekers (Afghanistan, Iraq and Somalia)

18. 18
Recommendations
Continuing training of all the actors – awereness raising
Sufficient resourced – specialised units
More cooperation between actors, more sharing the best practises (applicable to both national and cross-border cases)
Combining and re-organising the work of different international entities (CBSS, UNHCR, IOM etc.) – removal of dublications
Creating durable solutions also for people who work in the field – projects offer short-term solutions but continuity of best practises must be assured
Common European / Common Nordic practises – we must ensure that the unaccompanied minors are treated equally in every country

19. Thank You! Iiris Hjelt Mikaela Lindroos Senior Adviser Senior Adviser19
Thank You!
Iiris Hjelt Mikaela Lindroos
Senior Adviser Senior Adviser