Guardianship for unaccompanied children - A manual for trainers of guardians

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.

Children’s rights exist to ensure the safety and wellbeing of every child. Improved child protection systems ensure that these rights are met. In recent years, the EU has taken significant steps to improve child protection systems. This mapping of child protection systems gives an overview of the state of such systems at national level and developments since 2015. It promotes the improvement of integrated child protection systems. It is an update of FRA’s mapping of child protection systems in 2015, based on data collected in 2023 in the 27 EU Member States. By publishing this, FRA aims to support securing the sustainable well-being, safety and rights of all children living in the EU.

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 carrying out border control, states have a duty to protect fundamental rights of all people under their jurisdiction, regardless of their nationality, status, or age. Children as a category
of vulnerable persons with special needs require heightened protection.

This tool introduces newly appointed guardians to the concept of international protection, possible forms of protection recognised through the asylum procedure, the relevant legal framework and the related rights of the child. 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 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).

In 2015 and 2016, the numbers of unaccompanied children arriving in Europe increased dramatically, straining national guardianship systems. This report looks at how EU Member States, as well as North Macedonia and Serbia, have adapted their guardianship systems for unaccompanied children since that time.

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.

In recent years, thousands of girls and boys have reached Europe without their parents, and sought international protection. Many of them experienced violence, abuse and neglect in their home countries, and while in transit. They have the right to be protected in line with the provisions of the UN Convention on the Rights of the Child, the European Convention on Human Rights, and European Union law. This report explores the challenges and good practices gathered in the implementation of such relocation programmes. Based on information FRA collected in 10 EU Member States, it aims to help national authorities to support the relocation of unaccompanied children by taking measures that are fully rights compliant and practically feasible.

Children in migration are more vulnerable than adults, particularly when they are unaccompanied. Their vulnerability makes them more exposed to violence, exploitation and trafficking in human beings, as well as physical, psychological and sexual abuse. This report looks into challenges to the fundamental rights of children in migration throughout 2019. It pulls together the main issues identified in FRA’s Quarterly Bulletins on migration in selected EU Member States.

Over 2.5 million people applied for international protection in the 28 EU Member States in 2015 and 2016. Many of those who were granted some form of protection are young people, who are likely to stay and settle in the EU. The EU Agency for Fundamental Rights interviewed some of them, as well as professionals working with them in 15 locations across six EU Member States: Austria, France, Germany, Greece, Italy and Sweden. This report presents the result of FRA’s fieldwork research, focusing on young people between the
ages of 16 and 24.

Individuals who are not entitled to stay in the European Union are typically subject to being returned to their home countries. This includes children who are not accompanied by their parents or by another primary caregiver. But returning such children, or finding another durable solution, is a delicate matter, and doing so in full compliance with fundamental rights protections can be difficult. This focus paper therefore aims to help national authorities involved in return-related tasks, including child-protection services, to ensure full rights compliance.

This report outlines the fundamental rights implications of collecting, storing and using
biometric and other data in EU IT systems in the area of asylum and migration.

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.

The arrival of thousands of separated children in the European Union from third countries poses a serious challenge to EU institutions and Member States, since, according to the EU Charter of Fundamental Rights and the UN Convention on the Rights of the Child, they have a duty to care for and protect children. This summary highlights the key findings of the FRA research on separated, asylum-seeking children in EU Member States.

The arrival of thousands of separated children in the European Union from third countries poses a serious challenge to EU institutions and Member States, since, according to the EU Charter of Fundamental Rights and the UN Convention on the Rights of the Child, they have a duty to care for and protect children. This report examines the experiences and views of 336 separated, asylum-seeking children and those of 302 adults responsible for their care across 12 EU Member States.