Transnational child protection

Transnational child protection refers to the protection of children from violence, exploitation, abuse and neglect in an international setting. When a non-national child comes into contact with public authorities and service providers, a series of checks, assessments and immediate measures sets in to identify the child and to assess her or his situation. Article 19 of the UN Convention on the Rights of the Child provides for the protection of children in and out of the home, including in their country of origin, residence or a third country. Article 2 of the Convention provides for the right to non-discrimination, meaning children have the right to protection regardless of the national origin or status of the child or his or her parents or legal guardians.

A child may become party to a transnational child protection case because of a need for protection, including: due to international adoption, being born to parents with different or multiple nationalities, being born in a different country than either parent's nationality, and migrating or being trafficked. Being an unaccompanied or separated minor comes with particular challenges.

Best interests, which derives from Article 3 of the UN Convention on the Rights of the Child, says that “in all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration”. Assessing the best interests of a child means to evaluate and balance “all the elements necessary to make a decision in a specific situation for a specific individual child or group of children”.

The right of the child to have her or his best interests taken as a primary consideration means that the child’s interests have high priority and are not just one of several considerations. The assessment is specific to the child as an individual, making it important to establish a trust-based relationship with the child and to communicate effectively in a language that the girl or boy understands. The assessments should ideally involve a multi-disciplinary team of qualified professionals. Best interests’ assessments and determinations are two steps of a process that aims to identify the elements and facts relevant for a specific child.

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