Field handbook for the implementation of UNHCR BID guidelines
UNHCR and the International Rescue Committee
Highlights
All actions concerning children shall be guided by the principle of the best interests of the child. The principle applies to all children—including refugee, internally displaced, stateless, and asylum-seeking children. Everyday, UNHCR and partner staff encounter situations where decisions for individual children need to be guided by the best interests principle. Such decisions may involve arranging alternative care for an unaccompanied or separated child, assessing the protection needs of a child at risk, or identifying a durable solution for a separated child. These decisions will have long lasting impacts for the individual child and therefore cannot be taken lightly. Safeguards and procedures need to be in place to ensure that the best interests principle will be duly applied to the child’s individual situation. Ensuring that the child can voice his or her own opinions in this process is one of the key safeguards in this process.
In order to assist UNHCR and partner agencies operationalize the principle in their everyday work, UNHCR developed a formal process for determining children’s best interests. This procedure is described in the UNHCR Guidelines for Determining the Best Interests of the Child (2008). Formalizing the process in this way has helped to increase the consistency and quality of decisions that significantly impact the lives of children.
The concept of the “best interests of the child” seems straightforward, but applying it in real-life situations can be challenging because considerations are often competing or even contradictory. Experience and feedback from field staff since the Guidelines were published have indicated that further implementation guidance is needed: the Guidelines describe what needs to be done, but more could be said on how to practically do it. In response, UNHCR and the International Rescue Committee have worked together to develop this Field Handbook for best interests determination. The 2008 Guidelines remain the authoritative guide, but the Field Handbook is a complementary source of guidance that offers additional advice on how to carry out best interest determination process in practice.
The Field Handbook offers more than details on how to implement the best interests determination (BID) process for children of concern to UNHCR. The Guidelines also clearly state that BID mechanisms should not be established in isolation from other protection measures intended to benefit children of concern to UNHCR. The mechanism is designed to be part of a comprehensive child protection system.
The purpose of the process is not simply to determine what a child’s best interests are, but to also create and carry out a care plan that will serve those interests. Acting in support of a child’s best interests means having the capacity to do so through engaging the entire child protection system. The Field Handbook highlights these connections, helping UNHCR and other child protection staff understand how the pieces fit together as a comprehensive system. UNHCR’s goal is to establish better practice through better understanding and, ultimately, improved protection for all children of concern.
While this field Handbook mainly refers to refugee children, it is clear that the best interests principle must also guide all actions and interventions that UNHCR or partners take on behalf of other children of concern, e.g. internally displaced children. However, the process for implementing the best interests principle might differ, depending on the existing national child protection system and the nature of UNHCR’s engagement with internally displaced in that particular operational context. Should UNHCR be implementing a full BID process for internally displaced children, the Guidelines and this Field Handbook must be adhered to.