Background information
Information provided to unaccompanied children beneficiaries of international protection should be provided in a manner that is understandable to children, considering their age, gender and cultural background. This is to ensure continuity with the stay in reception phase as indicated in the EASO Practical Guide on the Best Interests of the Child in Asylum Procedures, 2019. Additionally, as during the stay in reception, unaccompanied children beneficiaries of international protection should continue to receive information about their rights and available support services, including information adapted to unaccompanied children with special needs, as indicated in the EASO Guidance on Reception Conditions for Unaccompanied Children – Operational standards and indicators, 2018, (Standards 1 and 2).
The qualification directive (2011/95/EU), (QD), states that as soon as possible after the granting of international protection, Member States must take the necessary measures to ensure the representation of unaccompanied minors by a legal guardian or by an organisation responsible for the care and well-being of minors. Additionally, they must monitor and regularly assess the minor’s situation to ensure that the minor’s needs are duly met by the appointed guardian or representative (Article 31 (1)-(2) QD).
Regarding their living conditions, Member States must ensure that unaccompanied minors are placed either with adult relatives, with a foster family, in centres specialised in accommodation for minors, or in other accommodation suitable for minors. In this context, the views of the child must be taken into account in accordance with their age and degree of maturity. As far as possible, siblings must be kept together, and changes of residence must be limited to a minimum (Article 31 (3) and (4) QD). Member States are obliged to initiate or continue family tracing procedures for the family members of the unaccompanied child immediately after the child is granted international protection (Article 31(5) QD). Additionally, the directive states that those working with unaccompanied children must have had and continue to receive appropriate training concerning their needs (Article 31(6) QD).
The United Nations Convention on the Rights of the Child (UNCRC) outlines the best interests of the child as a primary consideration in all actions concerning children (Article 3). It highlights that all children have the right to express their views freely in all matters affecting them, and that their views should be given due weight in accordance with their age and maturity (Article 12). Additionally, children applicants or beneficiaries of international protection are entitled to appropriate protection and humanitarian assistance (Article 22). Having adequate information on rights and opportunities is the only way unaccompanied children can access these rights.
The UNHCR Guidelines on Determining the Best Interests of the Child emphasise the importance of considering the child’s views in decision-making processes. Additionally, the UNHCR Refugee Children: Guidelines on Protection and Care recommend that information should be communicated to children in a child-friendly manner, considering their age, maturity, and cultural background.
Information provision messages
Inform unaccompanied children beneficiaries of international protection on the below.
- Their guaranteed basic rights, such as the right to education, healthcare, psychosocial support, social and legal assistance, legal representation/guardianship, and protection from exploitation and trafficking. Emphasise their entitlement to appropriate care and support and highlight the services dedicated to unaccompanied children with special needs.
- Their entitlement to and the compulsory need for a guardian or legal representative. If this information differs from what was given during the asylum procedure, clarify the roles and responsibilities of the legal representative or guardian.
- Their right to file a complaint against the legal representative or guardian if necessary.
- The types of accommodation available, such as with adult relatives, with a foster family, in a centre specialised in accommodation for children, in other type of accommodation suitable for children, or group homes. Present the advantages of each available option to help them express an informed opinion, but clarify that the final decision will depend on their best interests.
- The fact that their views and opinions are given due weight in all decisions concerning them, but clarify that not all decisions will always align with their expressed views.
- Their right to participate in decisions affecting them, including the right to express their opinions and have them considered in designing actions concerning them.
- Their opportunities to engage in socio-cultural integration activities.
- Their right to family reunification; inform them on the information and support needed from their side to reunite them with their families.
- Support services available from governmental and non-governmental organisations and local communities. Detail the types of support provided and give them contact information for these service providers. Include information on social integration support, such as mentoring programmes and recreational activities.
- The measures, the support and the guidance available to protect them from exploitation, abuse, violence and trafficking. Explain the risks and emphasise the importance of these protective measures. Provide practical knowledge on recognising signs of exploitation and how to report concerns to relevant focal points (e.g. legal guardian, authorities, reception staff, NGOs, cultural mediators). Stress the importance of fast reporting and provide exact contact information for focal points.
- The availability and benefits of mental health support services. Explain common mental health conditions affecting unaccompanied minors and the specialised services available to support their wellbeing. Assure them that these services are provided in a culturally sensitive manner.
- Educate unaccompanied minors about the principle of acting in their best interests, explaining what a best interests assessment involves, including its focus and who participates in the process.
- Conflict management, including examples of common situations, and detailed steps and actions to take for keeping them safe or for potential conflict mediation and resolution obligation of Member States to initiate or continue family tracing for unaccompanied children upon granting international protection.
Practical tips
- When drafting and conveying messages to unaccompanied children, use age-appropriate language to ensure understanding. Break down the information into small, digestible topics.
- Ensure the information is accompanied by adequate support and guidance tailored to the children’s age and level of understanding.
- Ensure that unaccompanied minors retain and understand the information provided. Repeat key messages in various contexts, provide relevant examples, and encourage them to ask questions. Schedule regular meetings to revisit topics, answer questions, and offer ongoing support. Use these meetings to reinforce information and assess understanding.
- Conduct group sessions to give unaccompanied minors a comprehensive overview of their rights and available options. Address common questions and concerns regarding accommodation, representation, access to rights, available support, and protection from harm.
- Use interactive methods such as role-playing, Q&A sessions, group discussions and storytelling to explain scenarios and solutions. Incorporate activities like drawing, crafting or games to reinforce the information.
- Work with child psychologists, social workers and educators to tailor the communication approach to the children's developmental levels and emotional states.