Conclusions

Pages30-30
Returning unaccompanied children: fundamental rights considerations
Conclusions
Unaccompanied children who do not meet the con-
ditions for entry, stay and residence in the EU may
be subject to procedures laid down in the Return
Directive. Such procedures implicate anumber of
fundamental rights concerns, particularly from achild
rights perspective.
When considering the return of an unaccompa-
nied child in an irregular situation, immigration law
enforcement authorities are obliged to give primary
consideration to the child’s best interests. To assess
what is in the best interests of the child, Member
States should establish and operate dedicated best
interest assessment procedures, which should be
essentially entrusted to child-protection services.
For this, child-protection services should work in
close cooperation with immigration authorities and
with the child’s guardian. Working in close collabo-
ration with child-protection institutions would pro-
vide immigration law enforcement with the appro-
priate analytical framework and would allow them
to gradually familiarise themselves with the neces-
sary child-protection requirements, for the benef‌it of
children. Giving primary consideration to the child’s
best interests is an overarching requirement, stem-
ming from EU law and international law. It applies
throughout all immigration procedures and actions
related to children.
The identif‌ication of durable solutions for unaccom-
panied children should involve looking at all options.
These do not only include return to the country of
origin, but also granting them the right to stay in the
Member State concerned. When return is found to
be in the best interests of the child, return-related
measures need to be fundamental-rights compliant
and give due regard to the unaccompanied child’s
best interests.
Children for whom return has been found to be in
their best interests should always receive effective
counselling so that they make use of all volun-
tary return options. They should also benef‌it from
assisted voluntary return (and reintegration)
programmes.
Forced return (removal) must be an option of last
resort, only applicable in the strictly circumscribed
situations set out in the Return Directive and with
all fundamental rights safeguards applied, includ-
ing those f‌lowing from the Charter.
Removal operations must be carried out in asafe,
child-appropriate and gender-sensitive manner. Joint
return operations through charter f‌lights, regardless
of whether they are organised at anational level
or coordinated by the European Coast and Border
Guard Agency, should not include unaccompanied
children. These operations are not suitable for this
category of vulnerable persons. They can be trau-
matising for the children, who may have to witness
the use of force and means of restraint against adult
returnees, without having the support of their par-
ents to deal with such experiences.
When an unaccompanied child is granted the right
to stay in aMember State, protection measures
and support should continue to ensure the contin-
uous oversight of the child’s situation and devel-
opment. In the same vein, where return has been
found to be in an unaccompanied child’s best inter-
ests, post-return monitoring signif‌icantly contrib-
utes to sustainable return and re-integration of
the child. Effective post-return monitoring should
cover both the conditions and circumstances of the
return process as well as the situation and indi-
vidual circumstances in the child’s home country
after arrival. The 1996 Hague Convention on Child
Protection offers tools and options for orderly
international cooperation regarding the imple-
mentation of protective solutions with cross-bor-
der elements.

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