The best interests of the child and the durable
solution process
weafldkje
13 november 2015
Dublin
Jantine Walst
Defence for Children
The best interests of the child and the durable solution
process
Determination of the best interests of the child:
How some examples of promising practices in The Netherlands may serve as a
possible model for a durable solutions process.
The determination of the best interests of the child, and the determination of
durable solutions for separated children are closely connected and interrelated.
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The best interests of the child and the durable solution
process
Durable solutions in The Netherlands: national law and policy
• There is no formal and uniform durable solutions process in place in
The Netherlands.
• Whether durable solutions are determined and implemented
depends on the outcome of the residence procedure.
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The best interests of the child and the durable solution
process
Durable
Solution
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The best interests of the child and the durable solution
process
Despite the fact that there is no formal or uniform process, different actors
are determining durable solutions for separated children while involved in
the residence procedure of a separated child.
Focus on two of these actors:
• Nidos, the guardianship authority
• The Study Centre for Children, Migration and Law, University of
Groningen
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The best interests of the child and the durable solution
process
NIDOS
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Guardianship authority for separated children
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Adopted a methodology for determining a plan for the future of a
separated child: the ‘Action Plan Guardianship’.
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The ‘Action Plan Guardianship’ has to be finished within six weeks after
the arrival of the child, and it should be updated every six months.
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Principal aim: independence at the age of eighteen.
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The best interests of the child and the durable solution
process
Determining a Plan for the Future of a separated child:
The ‘Action Plan Guardianship’
Step 1: inventory
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Children describe their strengths as well as their weaknesses.
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Children define positive and negative aspects in their surroundings.
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Guardians, and/or foster parents will give their view.
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Life line: paying attention to the situation in the country of origin, the
experiences during the flight, the family situation and the emotional,
social and physical development of the minor. The refugee or migration
procedure will also be taken into account.
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The best interests of the child and the durable solution
process
Determining a Plan for the Future of a separated child:
The ‘Action Plan Guardianship’
Step 2: analysis.
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Risks to harm the development of the child will be analysed.
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Strengths and weaknesses from step one are taken as a starting point.
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Guardian uses the Best Interest of the Child Model.
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When analysing the possible development risks, attention is paid to the
situation in The Netherlands and the situation in the country of origin.
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The best interests of the child and the durable solution
process
Determining a Plan for the Future of a separated child:
The ‘Action Plan Guardianship’
Step 3: desired results.
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Development conditions that might be hampered following the analysis
deriving from step two are formulated in a positive way.
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The best interests of the child and the durable solution
process
Determining a Plan for the Future of a separated child:
The ‘Action Plan Guardianship’
Step 4: Action Plan.
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Everything will be made specific, measurable, attainable, relevant, and
time-based (SMART).
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For every development condition that might be hampered, an action plan
will be created.
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The best interests of the child and the durable solution
process
The Study Centre for Children, Migration and Law
University of Groningen
• Conducts a best interests of the child assessment.
• Only involved on request of a lawyer.
• The best interest of the child assessment may influence the decision of
the Immigration and Naturalisation Service.
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The best interests of the child and the durable solution
process
The Study Centre for Children, Migration and Law
Best Interest of the Child Model (BIC-Model)
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In line with General Comment no. 14
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Contains fourteen conditions for a healthy development of a child.
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Departure point of the assessment are article 3 CRC and article 6 (2) CRC:
the best interests of the child principle and the right to development.
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The BIC-model analyses the best interest of the child in the light of his or
her personal development perspective.
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The best interests of the child and the durable solution
process
The Study Centre for Children, Migration and Law
Two questionnaires
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The BIC-Model is the theoretical framework for the so-called BICmethodology.
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As part of the BIC-methodology, two questionnaires have been developed
in order to assess the best interests of the child:
• Best Interest of the Child Questionnaire.
• Best Interest of the Child Self-Assessment.
Guidelines on how an assessment can be conducted, how information can be
gathered, and by who this can be done, are also part of the BIC-methodology.
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The best interests of the child and the durable solution
process
The Study Centre for Children, Migration and Law
Best Interests of the Child Questionnaire
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To be filled in by professionals.
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14 development conditions.
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In case the quality of one of the fourteen conditions is considered
insufficient over a longer period of time, the development of the child is
at risk.
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For each condition of the BIC-Questionnaire that is unfulfilled, it can be
determined which articles of the CRC are violated in addition to article 3
and 6 CRC.
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The best interests of the child and the durable solution
process
The Study Centre for Children, Migration and Law
Best Interests of the Child Questionnaire
• By answering the first seven questions, the quality of the family can be
assessed:
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a child should receive adequate care;
the direct physical environment of a child should be safe;
the parents should be loving their child and able to raise him/her;
the child should be raised in a supportive and flexible way;
the parents should behave as an example for the child and they should be
interested in their child.
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The best interests of the child and the durable solution
process
The Study Centre for Children, Migration and Law
Best Interests of the Child Questionnaire
•
By answering the next seven questions, the quality of the society can be assessed:
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the parents should, in the circumstances in which they live, be able to give their
child continuity in the development;
the needs, wishes, feelings and desires of the child should be taken seriously by
the child’s environment;
the family and the child should have a social network;
the child should receive suitable education and be able to develop his/her
personality and talents;
the child should have contact with children of (almost) the same age;
there should be adequate behaviour of children and adults that sets an example
for the child;
there should be stability in living circumstances and in the future perspective of a
child.
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The best interests of the child and the durable solution
process
The Study Centre for Children, Migration and Law
By using the Best Interests of the Child Questionnaire:
the current situation in which children find themselves can be compared
with a possible situation X and a possible situation Y.
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The best interests of the child and the durable solution
process
The Study Centre for Children, Migration and Law
Best Interests of the Child Self-Report
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To be filled in by the child.
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Children can give their opinion on the quality of their current living
environment. They can also indicate how they think this would be when
living somewhere else.
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The best interests of the child and the durable solution
process
The Study Centre for Children, Migration and Law
Best Interest of the Child Self-Report
Questions about the family situation in which a child grew or is growing up:
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questions on care (food, drinks and possessions);
safety in and around their house;
contact with their caregiver;
structure and rules;
interest in who they are;
upbringing history and future.
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The best interests of the child and the durable solution
process
The Study Centre for Children, Migration and Law
Best Interest of the Child Self-Report
Questions about surroundings:
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privacy;
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support within their network, at school, from friends etc.;
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whether there are things in their life which they find harmful.
The outcome of both the BIC-Questionnaire and the BIC Self-Report can be
compared.
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The best interests of the child and the durable solution
process
A combination of the theoretical concept of the BIC-methodology, including
both the BIC-Questionnaire and the BIC Self-Report, and the Action Plan
Guardianship may serve as a model for a durable solutions process.
• Starting point are articles 3 and 6 (2) CRC, and the BIC-Model and
Methodology are in line with General Comment no. 14.
• The current situation in which children find themselves can be compared
with a possible situation X and a possible situation Y.
• Involvement of the guardian (should ensure the timely identification and
implementation of a durable solution, Core Standard 6).
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Questions?
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