Best Interests Determination of Children – the Finnish experience

1. Best Interests Determination of Children – the Finnish experience Promoting The Human Rights and Best Interests of Children in Transnational Child Protection Cases Stockholm 7-8.12.2016 Senior Adviser Iiris Hjelt (Asylum Unit) and Senior Adviser Mikaela Lindroos (Reception Unit), Finnish Immigration Service, Finland

2. Structure of the presentation • Legal backgroundin Finland for the bestinterestsdetermination of children • Asylumprocess– unaccompaniedminors • Receptionservicesof unaccompaniedminors • Case assesment– social worker • Informationgathering – social worker • Informationgathering – asylumunit • Decisionmaking– durablesolutions • Recommendations

3. Background - legalframework Aliens Act 6§ Act on Reception 5§ Specialattention to child'shealth, development and bestinterests Child'swishes and opinionsmustbetaken into consideration in an ageappropriate manner Act on Child Protection 24§ etc. Setsframes to appointing a guardian and definesmoreaccurately the bestinterestsof a child (Act is applicableboth to Finnishchildren and migrantchildren) • Special attention to child's health, development and best interests • Child's opinions must be taken into consideration in an age appropriate manner -> 12-year-olds and older are always interviewed, unless it's obviously unnecessary • Accelerated process

4. The asylym process – unaccompanied minors • Asylum application (Border Guard / Police) • (Age assesment / Language tests) • Accommodation to a group home • District court nominates a guardian (director of reception center covers) • Legal aid is also available for free and it is encouraged • Social worker's statement • Finnish Immigration Service conducts an interview (travel route, identity, asylum grounds and family tracing) • (Age assesment / Language tests) • (National assistance system for victims of human trafficking) • Accelerated process! • Finnish Immigration Service makes a decision Protection / residence permit granted -> municipalities to offer intgration services • Return to home country -> Police and the IOM

5. Reception of minor asylum seekers • An unaccompanied minor is always at first placed at a reception centre which is specialised in the reception of minors or, if the child arrives with his/her relatives, in an adult reception centre. • The reception service consists of accommodation social services health care • Every reception centre provides at least one social worker and a health care professional

6. I CASE ASSESSMENT Specialised Senior Adviser at the AsylumUnit: • Conducts the asyluminterview • Decides on ageassesment and languagetesting • Makes the decision with a superior (always 2 names) • Takes the statement into considerationin decision Social worker at Reception Centre: • Ensures the childswell-beingaccording to the Act on Child Protection • Gathersinformation and make a statementaccording to the Aliens Act § 6

7. I CASE ASSESSMENTS Social services • every child has a social worker. • the social worker will arrange a guardian for the child. • an initial assessment will be made within a month by the social worker • multiprofessionality within the reception centre is crucial for the social worker – what is going on with the child in the centre

8. II INFORMATIONGATHERINGModel of psychosocialinquiry 1 Initialassessment Backgroundinformation Wellbeing 3 Statement upon the Best Interest of the Child 2 Indepthinterview Experience of traumas and traumarelatedstress Signs of trafficking Observationsheet Guidelines for psychosocial inquiry and assessment of the Best Intresst of the Child

9. II INFORMATION GATHERING Model of psychosocial inquiry 1 Initial assessment – Background informations Approximately 1,5 h The childs guardian and an interpreter is present The aim is to connect with the child and build trust Issues: Familybackground Life in the country of origin, including possible work, marriage Separation from the family, experiences during the travel, possession of traveldocuments, possible working during the move from country of origin Wellbeing and identity The childs opinions and viewpoints

10. II INFORMATION GATHERING Model of psychosocial inquiry 1 Initial assessment – wellbeing Approximately 1 h The aim is to find out about the childs physical and psychological strenghts and sence of being safe Partly open questions and partly statements Issues: Physical injuries or disabilities Eating and sleepinghabits Medicine and drugabuse Psychological wellbeing Feelings about country of origin and being on the move Feelings of being safe and factors or characteristics for the child that could act as buffers to negative experiences

11. II INFORMATION GATHERING Model of psychosocial inquiry 2 Indepth interview – growth and identity Approximately 1,5 – 2 h or in two different sessions The childs guardian might be present but not necessarily. If the guardian is not present, the socialworker tells the child that the guardian will get the information from the interview The aim is to find out more about the issues discussed during the initial assessment, focusing on risks and potentiality to growth and developing. Repeating and cumulating information gathering: Familybackground, also possible experiences of violence Life in the country of origin, including possible work Separation from the family, experiences during the travel, possible working during the move from country of origin Wellbeing and identity The childs opinions and viewpoints -

12. II INFORMATION GATHERING Model of psychosocial inquiry 2 Indepthinterview – traumas Approximately 1,5 – 2 h or in twodifferentsessions The aim is to find out if the childhassufferedfromseveretraumas. Specialattentionshouldbe made on safety, changesduring the interviewshouldbe made according to the reactions and with respect for the individualchild. Mostlystatements with yesor no answers, alsofollowupquestions. It the childhasbeentrafficked, the inquirywillcontinuespecificallyregardingtheseexperiences and safety Issues: • Experiences of violence, homelessness, war, tortureetc • Feelings of stress, sleeplessness, concentratingdifficulties, compulsorythoughtsetc

13. II INFORMATION GATHERING Model of psychosocial inquiry 3 Statement on the bestinterest of the child • is givenbefore the asyluminterview • is the social workersprofessionalview on the bestinterest of the child • the child is informedfrom the beginningthattherewillbe a statement made • the child and the guardianwillhave an opportunity to takepart in the content of the statementbeforeit is sent to the AsylumUnit

14. II INFORMATION GATHERING Model of psychosocial inquiry 3 Statement on the best interests of the child Following points are to be considered: • Safety – in what way can the child be protected from future neglect, violence and abuse • Family and close relations – in what way can continuity to familymembers and/or important close persons, which supports the childs development, be safeguarded • Wellbeing, developing and identity – will the child's survival, health care and development be secured • The childs opinion – what has the child brought forward about the situation in the centre and for the future regarding staying in Finland, family, education and work.

15. II INFORMATION GATHERING Asylum Unit Asylum interview Medical Age Assesment Reasonable grounds for suspecting the reliability of the age given Information must be given on the test + written consent of the person to be tested + guardian's consent Refusal to undergo an examination -> treated as an adult Language testing Språk Ab Language test results taken into account, results cannot be used as the only decisive factor • Specialized Senior Adviser (Case Officer) interviews – travel route, identity, asylum grounds and family tracing • Age appropriate interviews, special attention to the room setting, possibility of drawing or having toys etc. • Principle is to have one interview, but possibility to have multiple meetings

16. III DECISION MAKING Asylum Unit Positive decision Negative decision Proven and ongoing connection and communication with parents or permanent care taker Police's responsibility to organise the return to home Voluntary returns are organised by the IOM • Asylum, subsidiary protection – 4 year permit • Residence permit for compassionate reasons – 1 year • Municipalities are bound by law to offer services for integration – varies by municipality

17. Finnish Immigration Service in a relation to National Assistance System for Victims of Human Trafficking Finnish Immigration Service National Assistance System (Centralized model) Decideswhethertheytake the person into the system BothFinnishcitizens and migrants Specialized help provided 17 minors in the Assistance System in 2016 – all of whomareasylumseekers (Afghanistan, Iraq and Somalia) • Responsibility to let the National Assistance System know (with the consent of the possible victim) • Residence permit (1 year) can be granted on the basis of being a VHT • Reliable statistics is a problem • 2016 – 5 minors (2015 – 2 minors) have received a decision

18. Recommendations • Continuing training of all the actors – awereness raising • Sufficient resourced – specialised units • More cooperation between actors, more sharing the best practises (applicable to both national and cross-border cases) • Combining and re-organising the work of different international entities (CBSS, UNHCR, IOM etc.) – removal of dublications • Creating durable solutions also for people who work in the field – projects offer short-term solutions but continuity of best practises must be assured • Common European / Common Nordic practises – we must ensure that the unaccompanied minors are treated equally in every country

19. Iiris Hjelt Mikaela Lindroos Senior Adviser Senior Adviser iiris.hjelt@migri.fimikaela.lindroos@migri.fi ThankYou!