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Date: April 29, 2024 Mon

Time: 10:43 pm

Results for united nations guidelines for the alternative care

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Author: OSCE Office of the Special Representative and Co-ordinatorfor Combating Trafficking in Human Beings

Title: Child Trafficking and Child Protection: Ensuring that Child Protection Mechanisms Protect the Rights and Meet the Needs of Child Victims of Human Trafficking

Summary: This Occasional Paper concerns the protection of child victims of trafficking by State-run child protection agencies. It does not review all the measures required during all the phases involved in protecting and assisting a trafficked child, but focuses on the following phases of action: 1. The decision-making process to choose a comprehensive, secure and sustainable solution in the child’s best interests (i.e., solutions that are sometimes called “durable solutions”) concerning: - Children who are outside their country of origin (whether unaccompanied, separated or accompanied), including regularization of the immigration status of such a child; - Children who have not left their own country; 2. Implementation of such solutions; 3. The medium-term and long-term provision of assistance to ensure each child’s satisfactory recovery (“re/integration”), whether in the child’s country or place of origin or elsewhere. Chapter 2 sets out the child rights principles that underpin the protection of trafficked children. The first and overriding principle is that in all actions affecting children (covering everything done to protect trafficked children or to tackle child trafficking), the best interests of the child must be a primary consideration. Chapter 3 explains what decisions generally have to be made concerning trafficked children and at what point in the protection process these occur. It emphasizes that child protection specialists should take a leading role in making decisions whenever feasible, and refers to Sweden’s National Referral Mechanism handbook, which highlights the action points required with respect to children and young people. The chapter also examines the “The Child House” (Barnahus) model, which seeks to ensure that child victims are not subjected to repeated interviews about the same topics. Chapter 4 goes into further detail on the interim care of a trafficked child, the period in which child protection authorities are preparing to make key decisions affecting the child. Considerations on whether a trafficked child should be placed in alternative care are discussed, and the types of assessment recommended by the United Nations (UN) Guidelines for the Alternative Care of Children are described. In the case of children who are (or appear to be) unaccompanied when identified as presumed trafficking victims, the “necessity principle” set out in the UN Guidelines means that the child must be provided with alternative care straight away. In such cases the authority responsible for making the decision must assess the risks facing the child and how these affect his or her placement, keeping a record of the factors taken into consideration in deciding where to accommodate the child and what measures are needed to protect the child from any identified risks. It is emphasized how important it is to avoid placing presumed trafficked children in any sort of prison cell or other kind of detention situation. The risk of a child victim being subjected to further abuse at a shelter or care home is also discussed, along with some of the steps that are essential for preventing this. Chapter 5 considers the best interests of the child and how an understanding of what this implies can be introduced into the decision-making process, not only in countries where unaccompanied children are identified, but also in children's countries of origin. Chapter 6 looks at the experience of implementing decisions made about trafficked children, focusing on case management and care plans that promote the satisfactory reintegration of children. It describes some of the benefits of preparing a “life project” with a trafficked child. It also discusses appropriate measures for reducing the likelihood that a trafficked child placed in alternative care will walk out and go “missing”. Chapter 7 summarizes the principles surrounding a trafficked child’s possible return to their country or place of origin, emphasizing the safeguards that are essential. It describes both bilateral and multilateral frameworks governing the return of unaccompanied children, and discusses cases in which restrictions have been placed upon trafficked children after their return to their country of origin. Finally, Chapter 8 presents a series of recommendations for the OSCE participating States, noting that these supplement, but are not intended to replace, the measures that have already been recommended to participating States in the past. Central to these recommendations is that child trafficking should be addressed as a child protection issue within a child protection framework, with child protection specialists playing a leading role in all procedures involving decisions that might have a significant impact on a trafficked child. The Occasional Paper contains two annexes, the first quoting from a Joint General Comment issued in 2017 by two United Nations treaty-monitoring bodies, and the second summarizing points from a UNICEF model bilateral agreement concerning children who have been trafficked.

Details: Vienna, Austria: Organization for Security and Co-operation in Europe, 2018. 80p.

Source: Internet Resource: Accessed December 17, 2018 at: https://riselearningnetwork.org/wp-content/uploads/2018/12/OSCE-OSR-Child-Trafficking-2018-405095.pdf

Year: 2018

Country: International

URL: https://riselearningnetwork.org/resource/1482/

Shelf Number: 154042

Keywords:
Child Prison
Child Protection
Child Trafficking
Child Victims
Children Rights
Human Trafficking
Unaccompanied Children
United Nations Guidelines for the Alternative Care