state child protection and adoption service under the ministry of social security and labour...
TRANSCRIPT
State child protection and adoption service under the ministry of social security and labour
Director Odeta Tarvydienė
Transfers within Europe
Dublin IIIArticle 6 - the best interest of the child shall be a primary consideration for Member States with respect to all procedures provided for.
In assessing the best interest of the child the following factors are important:
•Family reunification possibilities;
•Minor’s well – being and social development;
•Safety and security considerations, in particular where there is a risk of the minors being a victim of human trafficking;
•View of the minor, in accordance with his or her age and maturity, including his or her background.
Member State duties:• To respect family life;
• to ensure that during all procedures provided to minors the representative would represent and assist him. This person shall have qualification and expertise.
• Take appropriate action to identify the family members;
• If family is in another MS, this state has to provide the information.
• When the applicant is an unaccompanied minor, the presence of a family member or relative on the territory of another MS who can take care of him or her should also become a binding responsibility criterion.
Child identityChild view
Concrete
circumstances
Particular
vulnerability
safety
Social development
Geriausi vaiko interesaiSlide 11
What it is
important in
determining the
best interest of the
child?
What it is
important in
determining the
best interest of the
child?
security
Child well-being
Family
Legal representation
Legal representation
TimeTimeChild right to be
heardChild right to be
heardQualified specialists
Qualified specialists
Identification of the facts
Identification of the facts
Legal background
Legal background
Possibility to revise and to change if it is in the best interest of the child the decision
Possibility to revise and to change if it is in the best interest of the child the decision
Geriausi vaiko interesaiSlide 13
The assessment of possible consequences of the child rights
The assessment of possible consequences of the child rights
Cooperation networkPolice, state cross
boarder service, court,the migrationdepartment
Social workers, childrights protection
service
Legal representative
GuardianRehabilitation, healthservice
Extented family
MS competentauthorities
Procedures – unaccompanied minors• Border service or police informs Service about all
unaccompanied minors entered the LT territory;
• Interwiev the child ( transltor, legal advisor, ch. right. Specialist)
• If there is unaccompanied minor up to 14 or has the ID documents, Service take the decision to place child into Refugee reception centre. In other cases court order.
• Center is appointed as a guardian;
• Migration department try to locate the family;
• The assessment of the best child interest;
• If family is established the individual examination is made by MD and Centre (assessment of the best interest of the child and recommendation for meeting with the family)
Case under Dublin III• In January the border service identify the unaccompanied
minor (16 years old) (Tajik),
• Court took the decision to place child in the center
• He did not apply for asylum status
• With assistance of the Red Cross it was identified that his parents are put the application for asylum seekers in Germany
• The MD send the request for Germany;
• In few days the Germany authorities send the agreement to take child back;
• Child wished to be reunited with his family;
• At the end of the February child went to Germany.
Challenges
Family assessment (different standards, qualification of the specialist, uniform form);Child best interest assessment (specialist qualification, standards).
Child traffickingLithuanian – Switzerland:
2014-02-19 CI recieved the information from embassy about the detained minor (17 y.);
Short information that it is possible that minor came to Switzerland with group of adult male participated rob store, use of false ID;
2014-02-25 Service find out that mother approached to police a minor loss;
2014-02-25 the assesment family;
2014-02-25 Service informed the LT police about possible case of child traffiking;
2014-03-05 information from the embassy that child in two hour will be in Lithuania
Cooperation
Directive provides that law enforcement authorities of the Member States should continue to cooperate in order to strengthen the fight against trafficking in human being. In this regard, close cross-border cooperation, including the sharing of information and the sharing of the best practises as well as a continued open dialogue between the police, judicial and financial authorities is essential.
States responsibilities1. to determine a durable solution that is in the child's best interest;
2. look at the both the child's immediate and long term solution;
3. provide assistance, support and protection for child victims of THB before, during and, for appropriate period of time, after the court decision. It is important to remember that court decision is not the end of story or happy ending for this child;
4. the support and assistance and protection should be provided as soon as the competent authorities have a reasonable - grounds indication for believing the child is victim of THB;
5. shall appoint a guardian;
6. the individual assessment of each particular child, taking due account of the child's views, needs and concerns with a view to finding a durable solution for the child.
7. plan and take a decision on the future of each unaccompanied child victim of THB. This decision should be taken within shortest possible period time. A durable solution could be return and reintegration into the country of origin or integration into the host country.
How to protect child victim of THB from the further victimisation or re-victimisation?
Planing of assistance, support, returning back, reintegration
The host country Country of origin
Referral mechanismHost country
Police
Court
Prosecutor
Migration dep.
NGO
Child service
Prosecutor
Origin country
Police
Migration dep.
Court
Child service
NGO
EmbassyEmbassyEmbassyEmbassy
Other cross border cases1. child abduction regulated by the 1980 Hague convention on the
civil aspects of international child abduction;
2. international adoption regulated by the1993 Hague convention on protection of children and cooperation in respect of international adoption;
3. parental rights regulated by 1996 Hague convention on jurisdiction applicable law, recognition, enforcement and cooperation in respect of parental responsibility and measures for the protection of children;
4. child maintenance - 2007 Hague convention on the international recovery of child support and other forms of family maintenance:
5. Also member states of EU have special Regulation Brussels II bis (2003) jurisdiction on parental rights, Regulation on jurisdiction and cooperation on maintenance.
Central authority
Each member state shall designate one or more Central authority to assist with the application of these treaties or Regulations and shall specify the geographical or functional jurisdiction of each.
Functions of central authority• General functions:
1. communicate information on national laws and procedures;
2. take measures to improve the application;
3. strengthening their cooperation. Meet regularly.
• Cooperation on concrete cases:
The CA shall, upon request from a CA of another Member State cooperate on specific cases and take steps to:
1. collect and exchange information:
• on the situation of the child;
• on any procedures under way; or
• on decisions taken concerning the child;
2. provide information and assistance;
3. facilitate communications between courts.
Is child trafficking less important issue than parental child abduction, adoption or other issue? Which way of
cooperation we choose?
