Practical Tool for Guardians — Introduction to international protection

This booklet is intended to support guardians assigned to children in the asylum procedure. It covers the technical aspects of the legal procedures related to the cross-border movement of such children. This booklet covers only procedures related to international protection. It is part of a series of four practical tools for guardians of unaccompanied children with international protection needs. The objective is to support guardians in their daily tasks and responsibilities during the asylum procedure, including the procedure under the Dublin III regulation and temporary protection. The tools have been developed by the European Union Agency for Asylum (EUAA) and FRA.

This booklet aims to support guardians assigned to children in the asylum procedure. It includes an overview of the asylum procedure with a specific focus on children, the guarantees in the asylum procedure and your role as a guardian in the different phases of the asylum process. There is also a section on what to do if something unexpected may happen, or if the age of the applicant is disputed. It is part of a series of four practical tools for guardians of unaccompanied children with international protection needs. The objective is to support guardians in their daily tasks and responsibilities during the asylum procedure, including the procedure under the Regulation (EU) No 604/2013 (Dublin III regulation) and temporary protection. The tools have been developed by the European Union Agency for Asylum (EUAA) and the European Union Agency for Fundamental Rights (FRA).

This manual is designed to help institutions, organisations and individuals to train guardians of unaccompanied children or to deliver ‘train-the-trainers’ courses. It can be used in a range of training contexts, such as professional and academic training, on-the-job training and continuing training. The manual is based on human and fundamental rights principles and ethical standards and recognises that the child and the guardian have their own personal stories, resources and capacities. It enhances guardians’ confidence to promote the child’s rights and best interests. It also enhances their confidence to act independently and impartially in relation to different state
officials, service providers and other community members.

The European Union Agency for Fundamental Rights (FRA) and the European Union Agency for Asylum (EUAA) joined forces to create this tool focusing on temporary protection for unaccompanied children fleeing Ukraine.

The European Convention on Human Rights and European Union law provide an increasingly important framework for the protection of the rights of foreigners. European Union legislation relating to asylum, borders and immigration is developing fast. There is an impressive body of case law by the European Court of Human Rights relating in particular to Articles 3, 5, 8 and 13 of the ECHR. The Court of Justice of the European Union is increasingly asked to pronounce on the interpretation of European Union law provisions in this field. The third edition of this handbook, updated up to July 2020, presents this European Union legislation and the body of case law by the two European courts in an accessible way.

Council of Europe (CoE) and European Union (EU) Member States have an undeniable sovereign right to control the entry of non-nationals into their territory. While exercising border control, states have a duty to protect the fundamental rights of all people under their jurisdiction, regardless of their nationality and/or legal status. Under EU law, this includes providing access to asylum procedures.

This report explores the key features of guardianship systems put in place to cater for the needs of all children in need of protection, including child victims and those at risk of becoming victims of trafficking in human beings or of other forms of exploitation. The research covers four specific areas, namely the type of guardianship systems in place, the profile of appointed guardians, the appointment procedures, and the tasks of the guardians.