Durable solutions and the best interests of the child in the context of return processes

This brief provides an overview of what is needed and why it is necessary. It explains key steps to implement specific procedures and return processes that respect the rights of the child. It provides a summary of key child rights concerns in current practice, drawing directly on children’s experiences and includes some practical examples of how some EU member states are taking steps to improve procedures to better protect children.

KEY MESSAGES:

• The precondition to any return of a child – whether the child is unaccompanied, separated or within a family - is that their best interests have been examined and return is found to be in their best interests. This requires specific procedures to be implemented in every decision-making process that could lead to the return of a child before a return decision is issued.
• Many children in return procedures have not had proper consideration of their individual situation and best interests. They may have a right to residence in the country based on human rights law, or otherwise, be able to regularise their status.
• Investing in good quality decision-making, prior to issuing return decisions, would vastly reduce the number of unenforceable return decisions.
• Robust procedures with proper procedural safeguards to ensure due process, as well as implementation through voluntary departure with appropriate and child-specific reintegration assistance, are the cornerstones of an effective and sustainable return policy.
• Finding a durable solution in the best interests of the child creates the environment for children to reach their full potential.

Main parts:

• Introduction
• Key messages
• A best-interests  procedure to identify a durable solution: six key steps
• Child rights concerns in current practices
• Noteworthy practices
• Conclusion

This is a joint publication of: PICUM, Child Circle, Don Bosco International, European Network on Statelessness, Missing Children Europe, Danish Refugee Agency, Organisation Mondiale pour l'education prescolaire, Terre des hommes International Federation, Destination Unknown, and Save the Children