Save

The Role of the Guardian in Determining the Best Interest of the Separated Child Seeking Asylum in Europe: A Comparative Analysis of Systems of Guardianship in Belgium, Ireland and the Netherlands

In: European Journal of Migration and Law
Authors:
Samantha Arnold * Corresponding author, e-mail: samanthakarnold@gmail.com
Law School, Trinity College Dublin, College Green Dublin 2 Ireland Separated Children in Europe Programme Leiden The Netherlands

Search for other papers by Samantha Arnold in
Current site
Google Scholar
PubMed
Close
,
Martine Goeman Separated Children in Europe Programme Leiden The Netherlands

Search for other papers by Martine Goeman in
Current site
Google Scholar
PubMed
Close
, and
Katja Fournier Platform Minors in Exile Brussels Belgium Separated Children in Europe Programme Leiden The Netherlands

Search for other papers by Katja Fournier in
Current site
Google Scholar
PubMed
Close
Download Citation Get Permissions

Access options

Get access to the full article by using one of the access options below.

Institutional Login

Log in with Open Athens, Shibboleth, or your institutional credentials

Login via Institution

Purchase

Buy instant access (PDF download and unlimited online access):

$34.95

Separated children seeking asylum in Europe have the right to a representative, typically in the form of a guardian, and the right to have their best interests taken into account. These rights are articulated in the Council Directives and Regulations regulating the Common European Asylum System. The original language used around the time of developing the Common European Asylum System related to ‘harmonisation’. This article, therefore, looks at the level of harmonisation of the systems of guardianship, and the guardians’ responsibility to determine and promote the best interest, for separated children seeking asylum in Europe. The article begins by defining the guardian and the best interest principle and outlining the relevant law, which presently exists in Europe. Three case studies were chosen to provide current examples of the differences in practice in Europe, namely: Belgium, Ireland and the Netherlands. The question dealt with in this article is to what extent the three case study countries meet the minimum standards set out in European law in respect of guardianship and the best interests of separated children seeking asylum.

Content Metrics

All Time Past Year Past 30 Days
Abstract Views 938 178 20
Full Text Views 514 59 4
PDF Views & Downloads 504 107 5