2021 UNHCR BEST INTERESTS PROCEDURE GUIDELINES: …

1 ASSESSING AND DETERMINING THE best INTERESTS OF THE CHILD2021 UNHCR best INTERESTS PROCEDURE GUIDELINES: This document is for general distribution. All rights reserved. Reproductions and translations are authorised, except for commercial purposes, provided the source is acknowledged. The BIP guidelines were developed with the generous support from the US Bureau of Population, Refugees and Migration (BPRM).These guidelines benefited from contribution and feedback from UNHCR staff, partners and counterparts from across the globe. An acknowledgment list is included in the BIP Photo UNHCR /Russell Fraser, 2018 Layout: REC DESIGN UNHCR 202122021 UNHCR BIP guidelines : Assessing and Determining the best INTERESTS of the Child1 ASSESSING AND DETERMINING THE best INTERESTS OF THE CHILD2021 UNHCR best INTERESTS PROCEDURE GUIDELINES: 22021 UNHCR BIP guidelines : Assessing and Determining the best INTERESTS of the Child1 CHPATER 1 CHPATER 3 CHAPTER 2 CHAPTER 4 CHAPTER 5 CHAPTER 1 CHAPTER 2 CHAPTER 3 CHAPTER 4 CHAPTER 5 TABLE OF CONTENTSD efinitions and Explanations of Key Terms 9 About the best INTERESTS PROCEDURE guidelines 13 best interest PROCEDURE guidelines .

2 Overview and Intended Audience 13 Audience of the guidelines 15171819 PART I Background, Theory and Legal Framework of the best INTERESTS PROCEDURE Introduction Chapter 1. Scope and History of the UNHCR best INTERESTS PROCEDURE UNHCR and the best INTERESTS of the child 19 Section Summary The UNHCR mandate UNHCR Executive Committee Conclusion No. 107 The UNHCR Framework for the Protection of Children Scope of the best INTERESTS PROCEDURE 23 Section Summary best INTERESTS PROCEDURE in different settings UNHCR history: operationalizing the best INTERESTS principle 27 Section Summary The best INTERESTS principle in UNHCR The 2008 guidelines on Determining the best INTERESTS of the Child The 2021 best INTERESTS PROCEDURE guidelines 28 Chapter 2.

3 The Legal and Policy Framework for the best INTERESTS Principle and PROCEDURE International legal framework 31 Section Summary 3122021 UNHCR BIP guidelines : Assessing and Determining the best INTERESTS of the The Convention on the Rights of the Child Use of the term best INTERESTS in the Convention on the Rights of the Child Committee on the Rights of the Child General Comment No. 14 Other Legal Sources for the best INTERESTS of the Child The best INTERESTS PROCEDURE and Child Protection Systems 35 Section Summary The best INTERESTS PROCEDURE and Child Protection Systems Procedural Safeguards in the best INTERESTS PROCEDURE 43 Section Summary Balancing Competing Rights When Making a Decision 47 Section Summary Considerations for decision-making The Four Factor Analysis 49 PART II The UNHCR Framework for Child Protection Case Management: The best INTERESTS PROCEDURE 55 Introduction 56 Chapter 3.

4 best INTERESTS PROCEDURE : Case Management for Refugee Children Overview of the best INTERESTS PROCEDURE 57 Section Summary Refugee protection case management Applying the best INTERESTS principle for children in general or specific groups of children Applying the best INTERESTS principle for individual children Guiding Principles for the best INTERESTS PROCEDURE best INTERESTS PROCEDURE : Step-by-Step 656565747577788182 Section Summary Steps of the best INTERESTS PROCEDURE best INTERESTS Assessment Case Plan Implementing the Case Plan Follow up and review Case closure and transfer Responding to children in different situations with the best INTERESTS PROCEDURE 8322021 UNHCR BIP guidelines .

5 Assessing and Determining the best INTERESTS of the Child3 CHPATER 1 CHPATER 3 CHAPTER 2 CHAPTER 4 CHAPTER 5 CHAPTER 1 CHAPTER 2 CHAPTER 3 CHAPTER 4 CHAPTER Participation of children and families in the best INTERESTS PROCEDURE 87 Section Summary General considerations for child participation Seeking the views of the child Seeking the views of family members and other people close to the child Operationalizing the best INTERESTS PROCEDURE 939399101 Section Summary Partnerships for best interest procedures Developing Standard Operating procedures for best interest procedures Staffing and resourcing for the best INTERESTS PROCEDURE Monitoring to ensure the quality of the best interest PROCEDURE Information Management for the best INTERESTS PROCEDURE 110 Section Summary Data protection Verifying existing information on the child Collecting information for the best interest PROCEDURE Storing information Sharing information Analysing data for best INTERESTS PROCEDURE programming Young People and the best INTERESTS PROCEDURE 126 Section Summary Overview procedures for children reaching 18 years of age during the best INTERESTS PROCEDURE procedures for young adults at risk Age Assessment Children seeking to

6 Amend their registered age best INTERESTS procedures in Emergencies 131 Section Summary best INTERESTS procedures for children in transit best INTERESTS procedures in evacuation settings best INTERESTS procedures in settings with limited access Considering Child Care Options within the best INTERESTS PROCEDURE 134 Section Summary Family Tracing and Reunification and best INTERESTS PROCEDURE Alternative care and best INTERESTS PROCEDURE 13742021 UNHCR BIP guidelines : Assessing and Determining the best INTERESTS of the Child593142142 Chapter 4. best INTERESTS determination by UNHCR Introduction Durable Solutions for Unaccompanied and Separated Children 144 Section Summary Purpose of the best INTERESTS determination When is a best INTERESTS determination Required?

7 When to start a best interest determination Voluntary repatriation Local integration Resettlement Complementary pathways of admission for refugees in third countries Children at Risk in Exceptional Situations 157 Section Summary Purpose of the best INTERESTS determination When is best INTERESTS determination required? When to start a best INTERESTS determination Exceptional situations for family reunification for unaccompanied and separated children Exceptional situations for temporary care Durable solutions for other children at risk Other exceptional situations for children at risk Possible Separation of a Child from their Parents against their Will and Custody issues 166 Section Summary Purpose of the best INTERESTS determination When is a best INTERESTS determination required?

8 When to start a best INTERESTS determination Severe harm from parents Parents Separation and Custody Rights 170 Chapter 5. best INTERESTS determination Process and Decision-making 176 Introduction Roles and Responsibilities for the best INTERESTS determination process 176 Section Summary best INTERESTS determination Supervisor best INTERESTS determination Coordinator 17742021 UNHCR BIP guidelines : Assessing and Determining the best INTERESTS of the Child5 CHPATER 1 CHPATER 3 CHAPTER 2 CHAPTER 4 CHAPTER 5 CHAPTER 1 CHAPTER 2 CHAPTER 3 CHAPTER 4 CHAPTER best INTERESTS determination Reviewing Officer Caseworkers The best INTERESTS determination panel 179 Section Summary Purpose of the best INTERESTS determination panel Establishing the best INTERESTS determination panel best INTERESTS determination panel procedures Establishment of best INTERESTS determination panels in Multiple Locations Simplified decision-making procedures for best INTERESTS determination 187187187 Section Summary When to use simplified decision-making procedures Establishing simplified procedures Reopening a best INTERESTS

9 determination decision 190190191 Section Summary Reviewing the best INTERESTS determination decision procedures for reopening a best INTERESTS determination 19262021 UNHCR BIP guidelines : Assessing and Determining the best INTERESTS of the Child7 UNHCR /Shabia Mantoo62021 UNHCR BIP guidelines : Assessing and Determining the best INTERESTS of the Child7 CHPATER 1 CHPATER 3 CHAPTER 2 CHAPTER 4 CHAPTER 5 CHAPTER 1 CHAPTER 2 CHAPTER 3 CHAPTER 4 CHAPTER 5 UNHCR /Jordi Matas82021 UNHCR BIP guidelines : Assessing and Determining the best INTERESTS of the Child982021 UNHCR BIP guidelines : Assessing and Determining the best INTERESTS of the ChildDEFINITIONS AND EXPLANATIONS OF KEY TERMS The term ASYLUM-SEEKER can either refer to an individual whose refugee status has not yet been determined by the authorities but whose claim to international protection entitles them to a certain protective status on the basis that he or she could be a refugee, or to persons forming part of large-scale influxes of mixed groups in a situation where individual refugee status determination is impractical.

10 For the purposes of these guidelines , the same principles and procedures apply to refugee and asylum-seeking children, as both categories fall within UNHCR competence, rationae best INTERESTS PROCEDURE (BIP) is the UNHCR case management framework for asylum-seeking and refugee children. It may also be applied to other children of concern to UNHCR in certain circumstances. BIP includes the key steps of child protection case management as well as the UNHCR best INTERESTS determination (BID) process and is implemented for individual children at risk who are in need of targeted, structured, systematic, sustained and coordinated support. It ensures that decisions and actions aimed at addressing protection risks and needs for children are in their best INTERESTS . BIP is embedded within, and linked to, refugee protection case management.