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UNHCR and TCD hold conference on separated children
Stories, 18 June 2009
DUBLIN, Ireland, June 18 (UNHCR) – A half-day conference on the needs and best interests of separated children seeking asylum in Ireland has identified shortcomings and opportunities in the Irish system.
Organized by UNHCR and Trinity College’s Centre for Post-conflict Justice, with support from the EU Commission’s office in Ireland, the event was timed to mark World Refugee Day taking place on June 20.
UNHCR’s Representative Manuel Jordao opening the conference said there was “a continuing clear and present concern” when it came to the protection separated children.
“Their age, care needs and other vulnerabilities make these children more reliant than others on the safety nets in national child care systems,” he said.
While the best interest of the child considerations are already guiding the work of the HSE when caring for separated children outside their country of origin there is no formalised procedure for determining or assessing the best interests of the children.
UNHCR story
National and international refugee and child rights experts spoke at the conference, including Prof. Michael Freeman (University College London), the prominent Irish children’s rights lawyer Geoffrey Shannon, the HSE and the Ombudsman for Children’s office.
The main focus of the conference was on the scope and implementation of the Best Interests of the Child principle.
Speaking on this topic, UNHCR Ireland's Protection Officer Emilie Wiinblad suggested Ireland consider using UNHCR's guidelines for how to carry out Best Interests of the Child Determinations for separated children outside their country of origin when deciding on whether to make a protection application for these children in Ireland and that clear policies and procedures are put in place in relation to the application of this principle.
The guidelines have been cited by UNICEF and the UN’s Committee on the Rights of the Child for setting good practice standard.
Building on from the Convention of the Rights of the Child and the guidelines, UNHCR also suggests that a more formal best interests of the child determination in relation to the question of whether to make a protection application for a child is considered in the line with the guidelines - as this question is at the heart of most separated children cases.
A more formal determination process would require that there is a clear distinction between an “information gatherer” on the one hand and those taking the decision about the best interest of the child on the other, and that such decisions are taken by a panel of relevant authorities and experts. All panel decisions must be documented and the procedure must include a voice for the children.
While the best interest of the child considerations are already guiding the work of the HSE when caring for separated children outside their country of origin there is no formalised procedure for determining or assessing the best interests of the children.
Sophie McGuinness of the Ombudsman for Children's Office said: "A true best interests decision making process will always involve considering the views of the child as a primary consideration or - in the circumstances identified in the Convention on the Rights of the child - as a paramount consideration. It is up to us to create spaces and opportunities where all children can express their views freely."
Speaking more broadly to the issue of protection of separated children in Ireland; the need for more robust legislation, including a suggestion that the Child Care Act (1991) was amended as it is not designed to take account of the special circumstances of separated children seeking asylum.
Some of the experts also believed a greater inspection capacity was necessary, particularly in relation to accommodation arrangements and tracking the welfare of separated children who reunite with family in Ireland because of the risk of trafficking.
Another concerns voiced was the need for better cohesion between agencies working with separated children.
UNHCR’s Jordao urged agencies responsible for the safety and welfare of children seeking asylum in Ireland to work together to find solutions to ensure greater security.
Outlining the challenge not just in Ireland but globally, he said nearly half of the world’s 42 million victims of conflict and persecution are children.
Ireland, like other signatories to the Convention on the Rights of the Child has an obligation to protect all children in its territory, regardless of nationality.