CRC/GC/2005/6
page 9
(c)
Best interests of the child as a primary consideration in the search for short and
long-term solutions (art. 3)
19.
Article 3 (1) states that “[i]n all actions concerning children, whether undertaken by
public or private social welfare institutions, courts of law, administrative authorities or
legislative bodies, the best interests of the child shall be a primary consideration”. In the case
of a displaced child, the principle must be respected during all stages of the displacement cycle.
At any of these stages, a best interests determination must be documented in preparation of any
decision fundamentally impacting on the unaccompanied or separated child’s life.
20.
A determination of what is in the best interests of the child requires a clear and
comprehensive assessment of the child’s identity, including her or his nationality, upbringing,
ethnic, cultural and linguistic background, particular vulnerabilities and protection needs.
Consequently, allowing the child access to the territory is a prerequisite to this initial assessment
process. The assessment process should be carried out in a friendly and safe atmosphere by
qualified professionals who are trained in age and gender-sensitive interviewing techniques.
21.
Subsequent steps, such as the appointment of a competent guardian as expeditiously as
possible, serves as a key procedural safeguard to ensure respect for the best interests of an
unaccompanied or separated child. Therefore, such a child should only be referred to asylum
or other procedures after the appointment of a guardian. In cases where separated or
unaccompanied children are referred to asylum procedures or other administrative or judicial
proceedings, they should also be provided with a legal representative in addition to a guardian.
22.
Respect for best interests also requires that, where competent authorities have placed an
unaccompanied or separated child “for the purposes of care, protection or treatment of his or her
physical or mental health”, the State recognizes the right of that child to a “periodic review” of
their treatment and “all other circumstances relevant to his or her placement” (article 25 of the
Convention).
(d)
The right to life, survival and development (art. 6)
23.
The obligation of the State party under article 6 includes protection from violence and
exploitation, to the maximum extent possible, which would jeopardize a child’s right to life,
survival and development. Separated and unaccompanied children are vulnerable to various
risks that affect their life, survival and development such as trafficking for purposes of sexual or
other exploitation or involvement in criminal activities which could result in harm to the child, or
in extreme cases, in death. Accordingly, article 6 necessitates vigilance by States parties in this
regard, particularly when organized crime may be involved. While the issue of trafficking of
children is beyond the scope of this general comment, the Committee notes that there is often a
link between trafficking and the situation of separated and unaccompanied children.
24.
The Committee is of the view that practical measures should be taken at all levels to
protect children from the risks mentioned above. Such measures could include: priority
procedures for child victims of trafficking, the prompt appointment of guardians, the provision of
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