1. As crianças têm direito à protecção e aos cuidados necessários ao seu bem-estar. Podem exprimir livremente a sua opinião, que será tomada em consideração nos assuntos que lhes digam respeito, em função da sua idade e maturidade.
2. Todos os actos relativos às crianças, quer praticados por entidades públicas, quer por instituições privadas, terão primacialmente em conta o interesse superior da criança.
3. Todas as crianças têm o direito de manter regularmente relações pessoais e contactos directos com ambos os progenitores, excepto se isso for contrário aos seus interesses.
Este artigo baseia-se na Convenção de Nova Iorque sobre os Direitos da Criança, assinada em 20 de Novembro de 1989 e ratificada por todos os Estados-Membros, nomeadamente nos seus artigos 3.o, 9.o, 12.o e 13.o
O n.o 3 tem em conta o facto de, no âmbito do estabelecimento de um espaço de liberdade, segurança e justiça, a legislação da União nas matérias civis com incidência transfronteiras, para as quais o artigo 81.o do Tratado sobre o Funcionamento da União Europeia confere competências, poder incluir, nomeadamente, direitos de visita que garantam que as crianças possam manter regularmente contactos pessoais e directos com ambos os progenitores.
Article 32 (1) Parenthood and the family are under the protection of the law. Special protection is guaranteed to children and adolescents. (2) Pregnant women are guaranteed special care, protection in labor relations, and suitable labor conditions. (3) Children, whether born in or out of wedlock, enjoy equal rights. (4) It is the parents’ right to care for and bring up their children; children have the right to parental upbringing and care. Parental rights may be limited and minor children may be removed from their parents’ custody against the latters’ will only by the decision of a court on the basis of the law. (5) Parents who are raising children have the right to assistance from the state. (6) Detailed provisions shall be set by law.
Článek 32 (1) Rodičovství a rodina jsou pod ochranou zákona. Zvláštní ochrana dětí a mladistvých je zaručena. (2) Ženě v těhotenství je zaručena zvláštní péče, ochrana v pracovních vztazích a odpovídající pracovní podmínky. (3) Děti narozené v manželství i mimo ně mají stejná práva. (4) Péče o děti a jejich výchova je právem rodičů; děti mají právo na rodičovskou výchovu a péči. Práva rodičů mohou být omezena a nezletilé děti mohou být od rodičů odloučeny proti jejich vůli jen rozhodnutím soudu na základě zákona. (5) Rodiče, kteří pečují o děti, mají právo na pomoc státu. (6) Podrobnosti stanoví zákon.
An Act to make provision about the powers and duties of local authorities and other bodies in England in relation to the improvement of the well-being of young children; to make provision about the powers and duties of local authorities in England and Wales in relation to the provision of childcare and the provision of information to parents and other persons; to make provision about the regulation and inspection of childcare provision in England; to amend Part 10A of the Children Act 1989 in relation to Wales; and for connected purposes.
Section 1 Welfare of the child. (1) When a court determines any question with respect to— (a)the upbringing of a child; or (b)the administration of a child’s property or the application of any income arising from it,the child’s welfare shall be the court’s paramount consideration. (2)In any proceedings in which any question with respect to the upbringing of a child arises, the court shall have regard to the general principle that any delay in determining the question is likely to prejudice the welfare of the child. (2A)A court, in the circumstances mentioned in subsection (4)(a) or (7), is as respects each parent within subsection (6)(a) to presume, unless the contrary is shown, that involvement of that parent in the life of the child concerned will further the child's welfare. (2B)In subsection (2A) “involvement” means involvement of some kind, either direct or indirect, but not any particular division of a child's time. (3)In the circumstances mentioned in subsection (4), a court shall have regard in particular to— (a)the ascertainable wishes and feelings of the child concerned (considered in the light of his age and understanding); (b)his physical, emotional and educational needs; (c)the likely effect on him of any change in his circumstances; (d)his age, sex, background and any characteristics of his which the court considers relevant; (e)any harm which he has suffered or is at risk of suffering; (f)how capable each of his parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting his needs; (g)the range of powers available to the court under this Act in the proceedings in question. (4)The circumstances are that— (a)the court is considering whether to make, vary or discharge a section 8 order, and the making, variation or discharge of the order is opposed by any party to the proceedings; or (b)the court is considering whether to make, vary or discharge a special guardianship order or an order under Part IV. (5)Where a court is considering whether or not to make one or more orders under this Act with respect to a child, it shall not make the order or any of the orders unless it considers that doing so would be better for the child than making no order at all. (6)In subsection (2A) “parent” means parent of the child concerned; and, for the purposes of that subsection, a parent of the child concerned— (a)is within this paragraph if that parent can be involved in the child's life in a way that does not put the child at risk of suffering harm; and (b)is to be treated as being within paragraph (a) unless there is some evidence before the court in the particular proceedings to suggest that involvement of that parent in the child's life would put the child at risk of suffering harm whatever the form of the involvement. (7)The circumstances referred to are that the court is considering whether to make an order under section 4(1)(c) or (2A) or 4ZA(1)(c) or (5) (parental responsibility of parent other than mother).
An Act to make provision for the establishment of a Children’s Commissioner; to make provision about services provided to and for children and young people by local authorities and other persons; to make provision in relation to Wales about advisory and support services relating to family proceedings; to make provision about private fostering, child minding and day care, adoption review panels, the defence of reasonable punishment, the making of grants as respects children and families, child safety orders, the Children’s Commissioner for Wales, the publication of material relating to children involved in certain legal proceedings and the disclosure by the Inland Revenue of information relating to children. [15th November 2004]
An Act to make provision about the delivery of local authority social work services for children and young persons; to amend Parts 2 and 3 of the Children Act 1989; to make further provision about the functions of local authorities and others in relation to children and young persons; to make provision about the enforcement of care standards in relation to certain establishments or agencies connected with children; to make provision about the independent review of determinations relating to adoption; and for connected purposes.
An Act to require a list to be kept of persons considered unsuitable to work with children; to extend the power to make regulations undersection 218(6) of the EducationReform Act 1988; to make further provision with respect to that list and the list kept for the purposes of such regulations; to enable the protection afforded to children to be afforded to persons suffering from mental impairment; and for connected purposes.
Chapter 1 - Basic principles of the form of government: Article 2 The public institutions shall promote the opportunity for all to attain participation and equality in society and for the rights of the child to be safeguarded. The public institutions shall combat discrimination of persons on grounds of gender, colour, national or ethnic origin, linguistic or religious affiliation, functional disability, sexual orientation, age or other circumstance affecting the individual (...); Article 18 All children covered by compulsory schooling shall be entitled to a free basic education in the public education system. (...)
1 kapitlet - Statsskickets grunder: 2 §(…)Det allmänna ska verka för att alla människor ska kunna uppnå delaktighet och jämlikhet i samhället och för att barns rätt tas till vara. Det allmänna ska motverka diskriminering av människor på grund av kön, hudfärg, nationellt eller etniskt ursprung, språklig eller religiös tillhörighet, funktionshinder, sexuell läggning, ålder eller andra omständigheter som gäller den enskilde som person. (…); 18 § Alla barn som omfattas av den allmänna skolplikten har rätt till kostnadsfri grundläggande utbildning i allmän skola. (...)
Artículo 39(1) Los poderes públicos aseguran la protección social, económica y jurídica de la familia. (2) Los poderes públicos aseguran, asimismo, la protección integral de los hijos, iguales éstos ante la ley con independencia de su filiación, y de las madres, cualquiera que sea su estado civil. La ley posibilitará la investigación de la paternidad. (3) Los padres deben prestar asistencia de todo orden a los hijos habidos dentro o fuera del matrimonio, durante su minoría de edad y en los demás casos en que legalmente proceda. (4) Los niños gozarán de la protección prevista en los acuerdos internacionales que velan por sus derechos.
Section 39 (1) The public authorities ensure social, economic and legal protection of the family. (2) The public authorities likewise ensure full protection of children, who are equal before the law, regardless of their parentage, and of mothers, whatever their marital status. The law shall provide for the possibility of the investigation of paternity. (3) Parents must provide their children, whether born within or outside wedlock, with assistance of every kind while they are still under age and in other circumstances in which the law so establishes. (4) Children shall enjoy the protection provided for in the international agreements safeguarding their rights
Article 53 (...) The state shall protect the family, motherhood, fatherhood, children and young people and shall create the necessary conditions for such protection. Article 54 Parents have the right and duty to maintain, educate and raise their children. This right and duty may be revoked or restricted only for such reasons as are provided by law in order to protect the child's interests. Children born out of wedlock have the same rights as children born within it. Article 56 Children shall enjoy special protection and care. Children shall enjoy human rights and fundamental freedoms consistent with their age and maturity. Children shall be guaranteed special protection from economic, social, physical, mental or other exploitation and abuse. Such protection shall be regulated by law. Children and minors who are not cared for by their parents, who have no parents or who are without proper family care shall enjoy the special protection of the state. Their position shall be regulated by law.
53. člen (...) Država varuje družino, materinstvo, očetovstvo, otroke in mladino ter ustvarja za to varstvo potrebne razmere. 54. člen Starši imajo pravico in dolžnost vzdrževati, izobraževati in vzgajati svoje otroke. Ta pravica in dolžnost se staršem lahko odvzame ali omeji samo iz razlogov, ki jih zaradi varovanja otrokovih koristi določa zakon. Otroci, rojeni zunaj zakonske zveze, imajo enake pravice kakor otroci, rojeni v njej. 56. člen Otroci uživajo posebno varstvo in skrb. Človekove pravice in temeljne svoboščine uživajo otroci v skladu s svojo starostjo in zrelostjo. Otrokom se zagotavlja posebno varstvo pred gospodarskim, socialnim, telesnim, duševnim ali drugim izkoriščanjem in zlorabljanjem. Takšno varstvo ureja zakon. Otroci in mladoletniki, za katere starši ne skrbijo, ki nimajo staršev ali so brez ustrezne družinske oskrbe, uživajo posebno varstvo države. Njihov položaj ureja zakon.
Article 41 (...) (3) Children born in and out of wedlock enjoy equal rights. (4) Child care and upbringing are the rights of parents; children have the right to parental care and upbringing. Parents' rights can be restricted and minors can be separated from their parents against their will only by a court ruling on the basis of law. (5) Parents caring for children are entitled to assistance from the state. (6) Details concerning rights under paragraphs 1 to 5 shall be laid down by law.
Čl. 41(...) (3) Deti narodené v manželstve i mimo neho majú rovnaké práva.(4) Starostlivosť o deti a ich výchova je právom rodičov; deti majú právo na rodičovskú výchovu a starostlivosť. Práva rodičov možno obmedziť a maloleté deti možno od rodičov odlúčiť proti vôli rodičov len rozhodnutím súdu na základe zákona.(5) Rodičia, ktorí sa starajú o deti, majú právo na pomoc štátu. (6) Podrobnosti o právach podľa odsekov 1 až 5 ustanoví zákon.
Articolul 49(1) Copiii si tinerii se bucura de un regim special de protectie si de asistenta în realizarea drepturilor lor. (2) Statul acorda alocatii pentru copii si ajutoare pentru îngrijirea copilului bolnav ori cu handicap. Alte forme de protectie sociala a copiilor si a tinerilor se stabilesc prin lege. (3) Exploatarea minorilor, folosirea lor în activitati care le-ar dauna sanatatii, moralitatii sau care le-ar pune în primejdie viata ori dezvoltarea normala sunt interzise. (4) Minorii sub vârsta de 15 ani nu pot fi angajati ca salariati. (5) Autoritatile publice au obligatia sa contribuie la asigurarea conditiilor pentru participarea libera a tinerilor la viata politica, sociala, economica, culturala si sportiva a tarii.
Article 49(1) Children and young people shall enjoy special protection and assistance in the pursuit of their rights. (2) The State shall grant allowances for children and benefits for the care of ill or disabled children. Other forms of social protection for children and young people shall be established by law. (3) The exploitation of minors, their employment in activities that might be harmful to their health, or morals, or might endanger their life and normal development are prohibited. (4) Minors under the age of fifteen may not be employed for any paid labour. (5) The public authorities are bound to contribute to secure the conditions for the free participation of young people in the political, social, economic, cultural and sporting life of the country.
Artigo 69.º (Infância) 1. As crianças têm direito à protecção da sociedade e do Estado, com vista ao seu desenvolvimento integral, especialmente contra todas as formas de abandono, de discriminação e de opressão e contra o exercício abusivo da autoridade na família e nas demais instituições. 2. O Estado assegura especial protecção às crianças órfãs, abandonadas ou por qualquer forma privadas de um ambiente familiar normal. 3. É proibido, nos termos da lei, o trabalho de menores em idade escolar. Artigo 70.º (Juventude) 1. Os jovens gozam de protecção especial para efectivação dos seus direitos económicos, sociais e culturais, nomeadamente: a) No ensino, na formação profissional e na cultura; b) No acesso ao primeiro emprego, no trabalho e na segurança social; c) No acesso à habitação; d) Na educação física e no desporto; e) No aproveitamento dos tempos livres. 2. A política de juventude deverá ter como objectivos prioritários o desenvolvimento da personalidade dos jovens, a criação de condições para a sua efectiva integração na vida activa, o gosto pela criação livre e o sentido de serviço à comunidade. 3. O Estado, em colaboração com as famílias, as escolas, as empresas, as organizações de moradores, as associações e fundações de fins culturais e as colectividades de cultura e recreio, fomenta e apoia as organizações juvenis na prossecução daqueles objectivos, bem como o intercâmbio internacional da juventude. Artigo 36.º (Família, casamento e filiação) 4. Os filhos nascidos fora do casamento não podem, por esse motivo, ser objecto de qualquer discriminação e a lei ou as repartições oficiais não podem usar designações discriminatórias relativas à filiação. 6. Os filhos não podem ser separados dos pais, salvo quando estes não cumpram os seus deveres fundamentais para com eles e sempre mediante decisão judicial.
Article 69 (Childhood) (1) With a view to their integral development, children shall possess the right to protection by society and the state, especially from all forms of abandonment, discrimination and oppression and from the abusive exercise of authority in the family or any other institution. (2) The state shall ensure special protection for children who are orphaned, abandoned or deprived of a normal family environment in any way. (3) Labour by minors of school age shall be prohibited as laid down by law. Article 70 (Youth) (1) In order to ensure the effective enjoyment of their economic, social and cultural rights, young people shall receive special protection, particularly: (a) In education, vocational training and culture; (b) In access to their first job, at work and in relation to social security; (c) In access to housing; (d) In physical education and sport; (e) In the use of their free time. (2) The priority objectives of the youth policy shall be the development of young people’s personality, the creation of the conditions needed for their effective integration into the active life, a love of free creativity and a sense of community service. (3) Acting in cooperation with families, schools, businesses, residents’ organisations, cultural associations and foundations and cultural and recreational groups, the state shall foster and support youth organisations in the pursuit of the said objectives, as well as international youth exchanges. Article 36 (Family, marriage and filiation) (4) Children born outside marriage shall not be discriminated against on that ground; terms describing filiation that are discriminatory shall not be used by the law or by government departments. (6) Children shall not be separated from their parents unless the parents fail to perform their fundamental duties towards the children, and in that case only by judicial decision.
Article 48.1. Parents shall have the right to rear their children in accordance with their own convictions. Such upbringing shall respect the degree of maturity of a child as well as his freedom of conscience and belief and also his convictions.2. Limitation or deprivation of parental rights may be effected only in the instances specified by statute and only on the basis of a final court judgment. Article 68(...) 3. Public authorities shall ensure special health care to children, pregnant women, handicapped people and persons of advanced age.(...) 5. Public authorities shall support the development of physical culture, particularly amongst children and young persons.Article 721. The Republic of Poland shall ensure protection of the rights of the child. Everyone shall have the right to demand of organs of public authority that they defend children against violence, cruelty, exploitation and actions which undermine their moral sense.2. A child deprived of parental care shall have the right to care and assistance provided by public authorities.3. Organs of public authority and persons responsible for children, in the course of establishing the rights of a child, shall consider and, insofar as possible, give priority to the views of the child.4. The competence and procedure for appointment of the Commissioner for Children's Rights shall be specified by statute.
Article 3 - Definitions ‘For the purposes of this Directive the following definitions apply: (1) ‘child’ means a person below the age of 18; (2) ‘holder of parental responsibility’ means any person having parental responsibility over a child; [...] With regard to point (1) of the first paragraph, where it is uncertain whether a person has reached the age of 18, that person shall be presumed to be a child.‘ Article 4 - Right to information ‘1. Member States shall ensure that when children are made aware that they are suspects or accused persons in criminal proceedings, they are informed promptly about their rights [...].‘ Article 5 - Right of the child to have the holder of parental responsibility informed ‘1. Member States shall ensure that the holder of parental responsibility is provided, as soon as possible, with the information that the child has a right to receive in accordance with Article 4. [...]‘ Article 6 - Assistance by a lawyer ‘1. Children who are suspects or accused persons in criminal proceedings have the right of access to a lawyer [...].‘ Article 7 - Right to an individual assessment ‘1. Member States shall ensure that the specific needs of children concerning protection, education, training and social integration are taken into account. 2. For that purpose children who are suspects or accused persons in criminal proceedings shall be individually assessed. The individual assessment shall, in particular, take into account the child's personality and maturity, the child's economic, social and family background, and any specific vulnerabilities that the child may have. [...]‘ Article 10 - Limitation of deprivation of liberty ‘1. Member States shall ensure that deprivation of liberty of a child at any stage of the proceedings is limited to the shortest appropriate period of time. Due account shall be taken of the age and individual situation of the child, and of the particular circumstances of the case. 2. Member States shall ensure that deprivation of liberty, in particular detention, shall be imposed on children only as a measure of last resort. Member States shall ensure that any detention is based on a reasoned decision, subject to judicial review by a court. Such a decision shall also be subject to periodic review, at reasonable intervals of time, by a court, either ex officio or at the request of the child, of the child's lawyer, or of a judicial authority which is not a court. Without prejudice to judicial independence, Member States shall ensure that decisions to be taken pursuant to this paragraph are taken without undue delay. Article 12 - Specific treatment in the case of deprivation of liberty ‘1. Member States shall ensure that children who are detained are held separately from adults, unless it is considered to be in the child's best interests not to do so. 2. Member States shall also ensure that children who are kept in police custody are held separately from adults, unless: (a) it is considered to be in the child's best interests not to do so; or (b) in exceptional circumstances, it is not possible in practice to do so, provided that children are held together with adults in a manner that is compatible with the child's best interests. [...] 5. When children are detained, Member States shall take appropriate measures to: (a) ensure and preserve their health and their physical and mental development; (b) ensure their right to education and training, including where the children have physical, sensory or learning disabilities; (c) ensure the effective and regular exercise of their right to family life; (d) ensure access to programmes that foster their development and their reintegration into society; and (e) ensure respect for their freedom of religion or belief. The measures taken pursuant to this paragraph shall be proportionate and appropriate to the duration of the detention. [...]‘
Preamble: ‘(33) The best interests of the child should be a primary consideration of Member States when applying this Directive, in accordance with the Charter of Fundamental Rights of the European Union (the Charter) and the 1989 United Nations Convention on the Rights of the Child. In assessing the best interest of the child, Member States should in particular take due account of the minor’s well-being and social development, including his or her background.‘ Article 15 Requirements for a personal interview ‘3. Member States shall take appropriate steps to ensure that personal interviews are conducted under conditions which allow applicants to present the grounds for their applications in a comprehensive manner. To that end, Member States shall: [...] (e) ensure that interviews with minors are conducted in a child-appropriate manner.‘ Article 25 Guarantees for unaccompanied minors ‘1. With respect to all procedures provided for in this Directive and without prejudice to the provisions of Articles 14 to 17, Member States shall: (a) take measures as soon as possible to ensure that a representative represents and assists the unaccompanied minor to enable him or her to benefit from the rights and comply with the obligations provided for in this Directive. The unaccompanied minor shall be informed immediately of the appointment of a representative. The representative shall perform his or her duties in accordance with the principle of the best interests of the child and shall have the necessary expertise to that end. The person acting as representative shall be changed only when necessary. Organisations or individuals whose interests conflict or could potentially conflict with those of the unaccompanied minor shall not be eligible to become representatives. The representative may also be the representative referred to in Directive 2013/33/EU; (b) ensure that the representative is given the opportunity to inform the unaccompanied minor about the meaning and possible consequences of the personal interview and, where appropriate, how to prepare himself or herself for the personal interview. Member States shall ensure that a representative and/or a legal adviser or other counsellor admitted or permitted as such under national law are present at that interview and have an opportunity to ask questions or make comments, within the framework set by the person who conducts the interview. Member States may require the presence of the unaccompanied minor at the personal interview, even if the representative is present. 2. Member States may refrain from appointing a representative where the unaccompanied minor will in all likelihood reach the age of 18 before a decision at first instance is taken. 3. Member States shall ensure that: (a) if an unaccompanied minor has a personal interview on his or her application for international protection as referred to in Articles 14 to 17 and 34, that interview is conducted by a person who has the necessary knowledge of the special needs of minors; (b) an official with the necessary knowledge of the special needs of minors prepares the decision by the determining authority on the application of an unaccompanied minor. 4. Unaccompanied minors and their representatives shall be provided, free of charge, with legal and procedural information as referred to in Article 19 also in the procedures for the withdrawal of international protection provided for in Chapter IV. 5. Member States may use medical examinations to determine the age of unaccompanied minors within the framework of the examination of an application for international protection where, following general statements or other relevant indications, Member States have doubts concerning the applicant’s age. If, thereafter, Member States are still in doubt concerning the applicant’s age, they shall assume that the applicant is a minor. Any medical examination shall be performed with full respect for the individual’s dignity, shall be the least invasive examination and shall be carried out by qualified medical professionals allowing, to the extent possible, for a reliable result. Where medical examinations are used, Member States shall ensure that: (a) unaccompanied minors are informed prior to the examination of their application for international protection, and in a language that they understand or are reasonably supposed to understand, of the possibility that their age may be determined by medical examination. This shall include information on the method of examination and the possible consequences of the result of the medical examination for the examination of the application for international protection, as well as the consequences of refusal on the part of the unaccompanied minor to undergo the medical examination; (b) unaccompanied minors and/or their representatives consent to a medical examination being carried out to determine the age of the minors concerned; and (c) the decision to reject an application for international protection by an unaccompanied minor who refused to undergo a medical examination shall not be based solely on that refusal. The fact that an unaccompanied minor has refused to undergo a medical examination shall not prevent the determining authority from taking a decision on the application for international protection. 6. The best interests of the child shall be a primary consideration for Member States when implementing this Directive. [...].‘
Preamble: ‘(9) In applying this Directive, Member States should seek to ensure full compliance with the principles of the best interests of the child and of family unity, in accordance with the Charter of Fundamental Rights of the European Union, the 1989 United Nations Convention on the Rights of the Child and the European Convention for the Protection of Human Rights and Fundamental Freedoms respectively.‘ Article 14 Schooling and education of minors ‘1. Member States shall grant to minor children of applicants and to applicants who are minors access to the education system under similar conditions as their own nationals for so long as an expulsion measure against them or their parents is not actually enforced. Such education may be provided in accommodation centres. The Member State concerned may stipulate that such access must be confined to the State education system. Member States shall not withdraw secondary education for the sole reason that the minor has reached the age of majority. 2. Access to the education system shall not be postponed for more than three months from the date on which the application for international protection was lodged by or on behalf of the minor. Preparatory classes, including language classes, shall be provided to minors where it is necessary to facilitate their access to and participation in the education system as set out in paragraph 1. 3. Where access to the education system as set out in paragraph 1 is not possible due to the specific situation of the minor, the Member State concerned shall offer other education arrangements in accordance with its national law and practice.‘ Article 23 Minors ‘1. The best interests of the child shall be a primary consideration for Member States when implementing the provisions of this Directive that involve minors. Member States shall ensure a standard of living adequate for the minor’s physical, mental, spiritual, moral and social development. 2. In assessing the best interests of the child, Member States shall in particular take due account of the following factors: (a) family reunification possibilities; (b) the minor’s well-being and social development, taking into particular consideration the minor’s background; (c) safety and security considerations, in particular where there is a risk of the minor being a victim of human trafficking; (d) the views of the minor in accordance with his or her age and maturity. 3. Member States shall ensure that minors have access to leisure activities, including play and recreational activities appropriate to their age within the premises and accommodation centres referred to in Article 18(1)(a) and (b) and to open-air activities. 4. Member States shall ensure access to rehabilitation services for minors who have been victims of any form of abuse, neglect, exploitation, torture or cruel, inhuman and degrading treatment, or who have suffered from armed conflicts, and ensure that appropriate mental health care is developed and qualified counselling is provided when needed. 5. Member States shall ensure that minor children of applicants or applicants who are minors are lodged with their parents, their unmarried minor siblings or with the adult responsible for them whether by law or by the practice of the Member State concerned, provided it is in the best interests of the minors concerned.‘ Article 24 Unaccompanied minors ‘1. Member States shall as soon as possible take measures to ensure that a representative represents and assists the unaccompanied minor to enable him or her to benefit from the rights and comply with the obligations provided for in this Directive. The unaccompanied minor shall be informed immediately of the appointment of the representative. The representative shall perform his or her duties in accordance with the principle of the best interests of the child, as prescribed in Article 23(2), and shall have the necessary expertise to that end. In order to ensure the minor’s well-being and social development referred to in Article 23(2)(b), the person acting as representative shall be changed only when necessary. Organisations or individuals whose interests conflict or could potentially conflict with those of the unaccompanied minor shall not be eligible to become representatives. Regular assessments shall be made by the appropriate authorities, including as regards the availability of the necessary means for representing the unaccompanied minor. 2. Unaccompanied minors who make an application for international protection shall, from the moment they are admitted to the territory until the moment when they are obliged to leave the Member State in which the application for international protection was made or is being examined, be placed: (a) with adult relatives; (b) with a foster family; (c) in accommodation centres with special provisions for minors; (d) in other accommodation suitable for minors. Member States may place unaccompanied minors aged 16 or over in accommodation centres for adult applicants, if it is in their best interests, as prescribed in Article 23(2). As far as possible, siblings shall be kept together, taking into account the best interests of the minor concerned and, in particular, his or her age and degree of maturity. Changes of residence of unaccompanied minors shall be limited to a minimum. 3. Member States shall start tracing the members of the unaccompanied minor’s family, where necessary with the assistance of international or other relevant organisations, as soon as possible after an application for international protection is made, whilst protecting his or her best interests. In cases where there may be a threat to the life or integrity of the minor or his or her close relatives, particularly if they have remained in the country of origin, care must be taken to ensure that the collection, processing and circulation of information concerning those persons is undertaken on a confidential basis, so as to avoid jeopardising their safety. 4. Those working with unaccompanied minors shall have had and shall continue to receive appropriate training concerning their needs, and shall be bound by the confidentiality rules provided for in national law, in relation to any information they obtain in the course of their work.‘
Preamble: ‘(55) This Directive promotes the rights of children and takes into account the Guidelines of the Council of Europe on child friendly justice, in particular its provisions on information and advice to be given to children. This Directive ensures that suspects and accused persons, including children, are provided with adequate information to understand the consequences of waiving a right under this Directive and that any such waiver is made voluntarily and unequivocally. Where the suspect or accused person is a child, the holder of parental responsibility should be notified as soon as possible after the child’s deprivation of liberty and should be provided with the reasons therefor. If providing such information to the holder of parental responsibility is contrary to the best interests of the child, another suitable adult such as a relative should be informed instead. This should be without prejudice to provisions of national law which require that any specified authorities, institutions or individuals, in particular those that are responsible for the protection or welfare of children, should be informed of the deprivation of liberty of a child. Member States should refrain from limiting or deferring the exercise of the right to communicate with a third party in respect of suspects or accused persons who are children and who are deprived of liberty, save in the most exceptional circumstances. Where a deferral is applied the child should, however, not be held incommunicado and should be permitted to communicate, for example with an institution or an individual responsible for the protection or welfare of children.‘ Article 5 The right to have a third person informed of the deprivation of liberty ‘1. Member States shall ensure that suspects or accused persons who are deprived of liberty have the right to have at least one person, such as a relative or an employer, nominated by them, informed of their deprivation of liberty without undue delay if they so wish. 2. If the suspect or accused person is a child, Member States shall ensure that the holder of parental responsibility of the child is informed as soon as possible of the deprivation of liberty and of the reasons pertaining thereto, unless it would be contrary to the best interests of the child, in which case another appropriate adult shall be informed. For the purposes of this paragraph, a person below the age of 18 years shall be considered to be a child. 3. Member States may temporarily derogate from the application of the rights set out in paragraphs 1 and 2 where justified in the light of the particular circumstances of the case on the basis of one of the following compelling reasons: (a) where there is an urgent need to avert serious adverse consequences for the life, liberty or physical integrity of a person; (b) where there is an urgent need to prevent a situation where criminal proceedings could be substantially jeopardised. 4. Where Member States temporarily derogate from the application of the right set out in paragraph 2, they shall ensure that an authority responsible for the protection or welfare of children is informed without undue delay of the deprivation of liberty of the child.‘
Preamble: ‘(13) In accordance with the 1989 United Nations Convention on the Rights of the Child and with the Charter of Fundamental Rights of the European Union, the best interests of the child should be a primary consideration of Member States when applying this Regulation. In assessing the best interests of the child, Member States should, in particular, take due account of the minor’s well-being and social development, safety and security considerations and the views of the minor in accordance with his or her age and maturity, including his or her background. In addition, specific procedural guarantees for unaccompanied minors should be laid down on account of their particular vulnerability. ‘(16) In order to ensure full respect for the principle of family unity and for the best interests of the child, the existence of a relationship of dependency between an applicant and his or her child, sibling or parent on account of the applicant’s pregnancy or maternity, state of health or old age, should become a binding responsibility criterion. When the applicant is an unaccompanied minor, the presence of a family member or relative on the territory of another Member State who can take care of him or her should also become a binding responsibility criterion.‘ Article 6 Guarantees for minors ‘1. The best interests of the child shall be a primary consideration for Member States with respect to all procedures provided for in this Regulation. 2. Member States shall ensure that a representative represents and/or assists an unaccompanied minor with respect to all procedures provided for in this Regulation. The representative shall have the qualifications and expertise to ensure that the best interests of the minor are taken into consideration during the procedures carried out under this Regulation. Such representative shall have access to the content of the relevant documents in the applicant’s file including the specific leaflet for unaccompanied minors. This paragraph shall be without prejudice to the relevant provisions in Article 25 of Directive 2013/32/EU. 3. In assessing the best interests of the child, Member States shall closely cooperate with each other and shall, in particular, take due account of the following factors: (a) family reunification possibilities; (b) the minor’s well-being and social development; (c) safety and security considerations, in particular where there is a risk of the minor being a victim of human trafficking; (d) the views of the minor, in accordance with his or her age and maturity. 4. For the purpose of applying Article 8, the Member State where the unaccompanied minor lodged an application for international protection shall, as soon as possible, take appropriate action to identify the family members, siblings or relatives of the unaccompanied minor on the territory of Member States, whilst protecting the best interests of the child. To that end, that Member State may call for the assistance of international or other relevant organisations, and may facilitate the minor’s access to the tracing services of such organisations. The staff of the competent authorities referred to in Article 35 who deal with requests concerning unaccompanied minors shall have received, and shall continue to receive, appropriate training concerning the specific needs of minors. 5. With a view to facilitating the appropriate action to identify the family members, siblings or relatives of the unaccompanied minor living in the territory of another Member State pursuant to paragraph 4 of this Article, the Commission shall adopt implementing acts including a standard form for the exchange of relevant information between Member States. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 44(2).‘