Oversight and post-return monitoring

Pages28-29
Returning unaccompanied children: fundamental rights considerations
6. Oversight and post-return monitoring
6.1 Integration in the EU
Member State where the
child is physically present
unaccompanied child is granted the right to
stay in aMember State as adurable solution after
their best interests have carefully been assessed,
protection measures should not stop. The guard-
ian should remain responsible for the child until the
appropriate court appoints apermanent legal guard-
ian for the child, as provided for by national law.
Authorities should also ensure that the unaccom-
panied child receives whatever documents are nec-
essary according to the legal system of the Mem-
ber State concerned for the child to legally reside
and access services there.153
With aview to providing adequate oversight, child-
protection authorities should take full responsibil-
ity for ensuring the well-being of the child. This
implies, among other things, for the child to enjoy
all rights enshrined in the CRC, such as access to
adequate accommodation, education, vocational
training, healthcare and other child-specif‌ic sup-
port– on equal footing with children who are nation-
als of that Member State. In some Member States,
such support can be extended even beyond the age
of 18 years; thus child protection measures do not
automatically stop with the child aging out.
154
Tran-
sitioning to adulthood takes time. The guardian and
child-protection services should, where needed, con-
tinue to support the young adult to help facilitate
that transition, just like parents do for their children.
6.2 Post-return monitoring
in the country of return
If return has been found to be in the best interests
of the child and has been implemented, monitor-
ing the child’s reintegration into the society of the
country of return is key, to make sure return does
not lead to child rights violations. Such follow-up
action helps determine the effectiveness of the
provision of assistance, the child’s experience with
the assistance received, and the sustainability of
their reintegration process. Post-return monitoring,
complemented by regular evaluations of the child’s
153 FRA & European Commission (2019), pp. 87-88.
154 European Migration Network (2018), sub-section 2.6
(transition to adulthood).
situation, can signif‌icantly contribute to sustainable
return and re-integration.
‘Sustainability’ as aconcept has not, as of yet, been
def‌ined as alegal term in international law. To date,
only three UN treaty bodies used the term ‘sus-
tainable return’ in their concluding observations
addressed to particular States– and not in this con-
text, but in relation to the return of refugees and
internally displaced persons.155 The European Com-
mission’s proposal on the new Asylum and Migration
Fund (2021-2027) also underscores sustainability as
akey indicator to measure successful return, stat-
ing that “return outcomes are more sustainable if
they are supported by efforts for reintegration.”156
Successful reintegration of migrants in their coun-
tries of origin is an essential element contributing
to the sustainability of the return.
To this end, the GMG/OHCHR Guidelines and Prin-
ciples on the human rights protection of vulner-
able migrants equally encourage States to put in
place long-term independent reporting mechanisms
to monitor, after the migrants return, the risk and
occurrence of human rights violations.157 This reso-
nates with the last report of the former UN Special
Rapporteur on the human rights of migrants, enti-
tled “2035 agenda for facilitating human mobility”.
It proposed, among others, the setting up of post-
return monitoring systems in the countries of des-
tination, with aview to ensuring respect for human
rights of returnees after arrival; and to ensure that
such monitoring is part of every readmission agree-
ment.158 The EU Action Plan on Unaccompanied Chil-
dren (2010-2014), which still remains akey point of
reference, also envisaged prioritising the funding
of projects that provide for post-return monitoring
and follow up, especially in the case of child victims
of traff‌icking in human beings who have returned
155 These were the UN Committee on the Elimination of All Forms
of Racial Discrimination in 2009 (CERD/C/HRV/CO/8) and 2010
(CERD/C/BIH/CO/7-8); the UN Committee on Economic, Social
and Cultural rights in 2008 (E/C.12/NPL/CO/2 and E/C.12/UNK/
CO/1) and 2012 (E/C.12/BIH/CO/2); as well as the UN Human
Rights Committee in 2012 (CCPR/C/BIH/CO/2).
156 European Commission (2018), Proposal for aRegulation of
the European Parliament and of the Council establishing the
Asylum and Migration Fund, COM(2018) 471 nal, Strasbourg,
12.06.2018, Explanatory Memorandum and recitals (20) and
(23).
157 GMG & OHCHR (2018), Principle 6 (8).
158 UN (2017), Report of the Special Rapporteur on the human rights
of migrants on a2035 agenda for facilitating human mobility,
A/HRC/35/25, 28 April 2017, pp. 14-15 (Goal 3).

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