Effective guardianship for unaccompanied and separated migrant children
Reply to Recommendation
| Doc. 15421
| 13 December 2021
- Author(s):
- Committee of Ministers
- Origin
- Adopted at the 1420th meeting
of the Ministers’ Deputies (8 December 2021). 2022 - First part-session
- Reply to Recommendation
- : Recommendation 2190
(2020)
1. The Committee of
Ministers has carefully examined Parliamentary Assembly
Recommendation 2190 (2020) – “Effective guardianship for unaccompanied and separated
migrant children”, which it has forwarded to the Steering Committee
for Human Rights (CDDH) and to the Steering Committee for the Rights
of the Child (CDENF) for information and possible comments.
2. The Committee of Ministers underlines the importance of having
effective guardianship systems in all Council of Europe member States,
especially regarding unaccompanied and separated children with a
view to ensuring protection and assistance to such children which
are among the most vulnerable individuals. It welcomes the Assembly’s
support in this objective.
3. Regarding the specific recommendation in paragraph 2.1 of
the recommendation, the Committee confirms that the new Council
of Europe Action Plan on Protecting Vulnerable Persons in the Context
of Migration and Asylum in Europe (2021-2025), adopted by the Committee
of Ministers on 5 May 2021 (cf.
CM(2021)67-final), includes several actions which aim to promote the
implementation of Committee of Ministers’ Recommendation
CM/Rec(2019)11 on effective guardianship for unaccompanied and separated children
in the context of migration. These include the preparation of an
explanatory memorandum to that recommendation (cf. paragraph 4 below)
as well as the development of targeted action to support its implementation;
the development of guidance on family-based care for unaccompanied
and separated children; the strengthening of mechanisms for the
timely identification and referral of unaccompanied children, to
address gaps which allow for children to go missing; and support
for member States in implementing operational guardianship systems
for unaccompanied children.
4. With regard to paragraph 2.2 of the recommendation, the issue
of promoting European best practices in the guardianship of unaccompanied
and separated migrant children is already included as a main task
in the CDENF’s terms of reference which is required to “facilitate
exchanges of good practices” and as a specific task to organise
“exchanges on the implementation of Recommendation
CM/Rec(2019)11 on effective guardianship for unaccompanied and separated
children in the context of migration”. The CDENF progressed with
the examination of the above-mentioned explanatory memorandum to
this recommendation during its meeting in September 2021 and expects
to complete it in 2022. This document will contain elements to promote
good practices in relation to guardianship of unaccompanied and
separated children and point to already existing good practices
in Council of Europe member States. Furthermore, preparations are
under way to design a road map for the CDENF for the review of the
implementation of Recommendation
CM/Rec(2019)11, that is to be undertaken three years after its adoption.
The review is expected to result in the identification of good practices
among member States and to provide guidance on appropriate action
to be taken for a successful implementation of the recommendation.
5. A draft recommendation on human rights principles and guidelines
on age assessment for children in the context of migration is also
under preparation for adoption by the Committee of Ministers in
2022.
6. As regards the suggestion for the CDENF to study the possibility
of setting up a mechanism for the relocation of unaccompanied migrant
children, the Committee of Ministers notes that this does not fall
within the current or future terms of reference of the CDENF. However,
it will give due consideration to the possibility of addressing
those aspects of the issue that fall within the competence of the
Council of Europe. The Committee considers that appropriate measures
may also be explored by member States at the national level and
notes the intensified efforts by the European Union to establish
“an effective, humanitarian and safe European migration policy”.
Note
7. Finally, the Committee of Ministers agrees with the Assembly
on the need to explore the possibility of increasing dialogue on
international and national multidisciplinary co-operation with a
view to improving the protection of unaccompanied and separated
children in the context of migration. The Council of Europe Network
of Focal Points on Migration could play a role and contribute in
reaching the goal of ensuring effective guardianship systems in
Council of Europe member States, especially regarding unaccompanied
and separated children. The Network was set up with the objectives
to facilitate the sharing of information of mutual interest and
relevance to address human rights challenges in the field of migration,
as well as to exchange good practices. The new Council of Europe
Action Plan on Protecting Vulnerable Persons in the Context of Migration and
Asylum in Europe includes as a specific activity for the Network
of Focal Points to hold thematic discussions on child-friendly approaches
and procedures in migration “including in follow-up to the Recommendation
CM/Rec(2919)11 on effective guardianship”.
