La Strada Documentation Center

Position paper on the return of separated children to reception houses in countries of origin

Document number
2329
Date
2010
Title
Position paper on the return of separated children to reception houses in countries of origin
Author/publisher
Defence for Children-ECPAT the Netherlands, UNICEF-the Netherlands
Availability
View/save PDF version of this document
Document type(s)
Guidelines/Recommendations, Media/News, Meeting Documentation/Conference Reports,
Keywords
Child Trafficking, Child Prostitution, Child Pornography, Family reunification, Guardian, Family Tracing, Age Assessment, Freedom from Detention, Interim Care, Integration, Adoption, Best Interests Principle, Child Victims of Trafficking, Separated Migrant Children, Unaccompanied minors, Convention on the Rights of the Child (CRC), Child protection systems,
Summary
In a position paper published on 22 April, the Defence for Children (ECPAT-NL and UNICEF-NL) condemn the systematic return of separated children who don’t qualify for asylum to reception houses in the country of origin. This policy is led by the Netherlands and followed by other Member States such as Norway, Denmark, the UK and Sweden 

A number of European countries are sending back to their country of origin separated minors who can be accommodated in reception houses, alleging that these houses are safe and adequate return facilities. However, ECPAT-NL and UNICEF-NL underline the necessity of proving on the basis of an individual assessment whether or not the child’s well-being can be guaranteed if s/he is sent back: “it is necessary to make an individual assessment to decide whether a durable solution is to return to the country of origin or integration in the country of residence.” 

In addition, “a careful assessment must be made when a child is reunited with family members.” It must be ensured that these family members can provide “appropriate long-term care in the best interest of the child.” In addition, a guardian should be nominated in case of return to the country of origin, in order to accompany and monitor the child’s development and well-being during the first months.

ECPAT-NL and UNICEF-NL recall that the best interest of the child must be the most important determining criteria in deciding whether s/he should be returned to his/her country of origin.
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