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Children and young people on the move Towards a more precise definition of their best interests

Children and young people on the move Towards a more precise definition of their best interests Decision making in the asylum procedure and on housing issues. Presentation Margrite Kalverboer, Phd, LLM & Carla van Os, MSc, LLM

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Children and young people on the move Towards a more precise definition of their best interests

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  1. Children and young people on the moveTowards a more precise definition of their best interests Decision making in the asylum procedure and on housing issues Presentation Margrite Kalverboer, Phd, LLM & Carla van Os, MSc, LLM Faculty of Behavioural and Social Sciences - Department of Special Needs Education and Youth Care Study Centre for Children, Migration and Law

  2. Content Decision making in the asylum procedure Programme • The Best Interests of the Child (BIC)-model: a theoretical framework to describe the best interests of the child. • The BIC-Questionnaire (BIC-Q) and BIC-Selfreport (BIC-S): tools to assess the best interests of the child. • The BIC-method and General Comment No. 14 • Recently arrived refugee children: what do we know? • Finding keys: how to facilitate the disclosure of life stories? • Making a decision upon the asylum request.

  3. The Best Interests of the Child-model

  4. The BIC-model, BIC-Q, and BIC-S: example

  5. Decision-making Best Interests of the Child determination General Comment N0. 14 (GC 14) • BIC-method: scientific, pedagogical, practical translation of GC 14 • Elements of the BID-determination in GC 14: Individual characteristics: • The child’s identity • The child’s vulnerability Social and cultural context: The child’s views • The child’s family environment Preservation of ties • The child’s protection Future risk or harm • The child’s right to health • The child’s right to education

  6. Knowledge on unknownchildren: recentlyarrived minor refugees • Stressful life events: Exposure to violence, war and persecution, separation from and loss of family member, extreme poverty, dangerous flight • Mental health problems: Anxiety, trauma related stress, depression • Risk factors for mental health: • Number, duration and severity of stressful life events • Exposure to violence • Loss of close family member • Experience of danger during the flight, duration of the flight.

  7. Disclosure of life stories • Importance of disclosure for the assessment of protection needs • Barriers for disclosure: • Mistrust • Selfprotection • Culture of disbelieve • Facilitators for disclosure: • A positive and respectful attitude of the interviewer • Taking time to build trust • Providing agency • Non-verbal methods • Skilled interpreter

  8. Decision-making Decisionmaking • Individual BIC-assessment: • Is the child extra vulnerable? • Were conditions for development in the country of origin fulfilled before departure? • What are the expectations about these conditions for development when the child returns? • Balancing the elements in the BIC-assessment • Multidisciplinary BIC-panel • Purpose: full and effective enjoyment of the CRC rights

  9. 20-11-15 References BIC-method • Ten Brummelaar, M. D. C., Kalverboer, M. E., Harder, A. T., Post, W. J., Zijlstra, A. E., & Knorth, E. J. (2013). The Best Interest of the Child Self-report questionnaire (BIC-S): Results of a participatory development procedure. Child Indicators Research, doi: 10.1007/s12187-013-9225-3. • Zijlstra, A. E ., Kalverboer, M. E., Post, W. J., Ten Brummelaar, M. D. C., & Knorth, E. J. (2013). Could the BIC-Q be a decision-support tool to predict the development of asylum-seeking children? International Journal of Law and Psychiatry, 35, doi 10.1016/j.ijlp.2013.01.005 • Kalverboer, M. E., Ten Brummelaar, M. D. C., Post, W. J., Zijlstra, A. E., Harder, A. T., & Knorth, E. J. (2012).The Best Interest of the Child Questionnaire; reliability and validity. Preliminary data on the question: Where to live after detention or secure treatment?Criminal Behaviour and Mental Health, 22(1),41-52. doi: 10.1002/cbm.825. [SSCI] • Zijlstra, A. E. , Kalverboer, M. E., Post, W. J., Knorth, E. J., & Ten Brummelaar, M. D. C. (2012). The Quality of the Childrearing Environment of Refugee or Asylum Seeking Children and the Best Interests of the Child: Reliability and Validity of the BIC-Q. Behavioral Sciences and The Law, 28, doi: 10.1002/bsl.1998 • Zijlstra, A. E. (2012). In the best interest of the child? A study into a decision-support tool validating asylum-seeking children’s rights from a behavioural scientific perspective.Dissertation. University of Groningen.

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