Children speak out: Trafficking Risk and Resilience in South East Europe. Montenegro Report
The Dublin II Regulation was adopted by the member-states of the European Union as an innovative system for determining responsibility when examining asylum claims. This report argues that the adoption of the Dublin II Regulation may also improve the protection of asylum-seeking children's rights. An evaluation of the practical measures by individual states demonstrates that most Member States in the implementation of the Dublin II Regulation do not employ measures to respect children's rights and, as a result, increase the vulnerability of children. The report concludes that, in order to implement the child protection regulation, independent and skilled guardians should be appointed as soon as separated children are identified. In addition, children should also be provided with qualify legal representation. In order to ensure that decisions are made in the best interests of the children, Member States should ensure that separated children are consulted during the process and that their views are given due weight in accordance with their age and maturity. The European Commission should play an important role by calling on all Member States to develop and implement child-friendly asylum determination procedures that are appropriate and responsive to the needs of separated children. Furthermore, the European Commission should provide Member States with further guidance on child-specific forms of persecution and determining the best interests of the child.