Guidance to Respect Children’s Rights in return Policies and Practices - Focus on the EU Legal Framework
The Guidance sets out concrete measures necessary to ensure respect for the rights of every child, including children in families, when implementing return legislation and policy in Europe, in line with international law obligations, in particular the UN Convention on the Rights of the Child (CRC), the EU Charter of Fundamental Rights, and the EU Return Directive where applicable. It is aimed at those designing and implementing return procedures.
The Guidance is based on the idea that the best interests of the child shall be a primary consideration in all actions concerning them. The precondition to any return of a child – whether unaccompanied, separated or within a family - is that their best interests have been examined and return is found to be in their best interests. This requires specific procedures to be implemented in every decision-making process that could lead to the return of a child.