Effective guardianship for unaccompanied and separated children in the context of migration - Recommendation CM/Rec(2019)11 of the Committee of Ministers and Explanatory Memorandum (2022)

Migration puts children, especially those unaccompanied or separated from their parents, in a very vulnerable position, increasing the risk of their fundamental rights and freedoms being violated.

This Recommendation, its guiding principles and implementing guidelines and its Explanatory Memorandum, target both decision makers and practitioners working to secure the protection, reception, care and wellbeing of unaccompanied and separated children – through guardianship. They provide guidance for the formulation of legislation and the planning of public policies and institutional measures, ensuring these children’s access to justice and effective remedies. They also provide guidance on how to strengthen co-operation and co-ordination among relevant stakeholders, including at international level.

The implementation of this Recommendation is expected to ensure that the rights of unaccompanied and separated children, and their best interests, are respected in line with international and European standards, and that in each country guardianship is effectively provided and is appropriate to the rights and specific needs of the children concerned.