Tool to Assist Actors in Legal and Judicial Proceedings

These standards are designed to alert different actors in legal and judicial proceedings to relevant obligations which arise from the UN CRC and EU law and to ensure that unaccompanied migrant children benefit from the rights which derive from these legal instruments. They also provide practical suggestions as to how these actors can work together collectively to meet these obligations. When doing so they build on current good practice in various courts and tribunals. The research which underpins the production of these standards suggests that there are common tasks in many legal and judicial proceedings and that there is currently unnecessary duplication by a number of different actors and also failures of communication between different actors working with the same unaccompanied migrant child. It also indicates that this has an adverse effect on outcomes for both the unaccompanied migrant child and the Member State itself. It is often possible to tackle some of these shortcomings by sharing information and establishing common procedures. In some circumstances, the ultimate remedy would be to develop a children’s court which would be responsible for all legal and judicial proceedings involving an individual unaccompanied migrant children. Such a court would build on the standards suggested below and would have a duty to ensure that he different procedures ultimately lead to the identification of a durable solution for the child.

 

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Childhub

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