1. The best interests of the child shall be a primary consideration for Member States when implementing the provisions of this Directive that possibly affect minors. Member States shall ensure a standard of living adequate for the minor’s physical, mental, spiritual, moral and social development.
2. In assessing the best interests of the child, Member States shall in particular take due account of the following factors:
(a) family reunification possibilities;
(b) the minor’s well-being and social development, taking into particular consideration the minor’s background and the need for stability and continuity in care;
(c) safety and security considerations, in particular where there is a risk of the minor being a victim of any form of violence or exploitation, including trafficking in human beings;
(d) the views of the minor in accordance with his or her age and maturity.
3. Member States shall ensure that minors have access to leisure activities, including play and recreational activities appropriate to their age, and to open-air activities within the premises and accommodation centres referred to in Article 20(1)(a) and (b), as well as to school materials where needed.
4. Member States shall ensure access to rehabilitation services for minors who have been victims of any form of abuse, neglect, exploitation, torture or cruel, inhuman and degrading treatment, or who have suffered from armed conflicts, and ensure that appropriate mental health care is developed and qualified counselling is provided where needed.
5. Member States shall ensure that minor children of applicants or applicants who are minors are accommodated with their parents or with the adult responsible for them and their unmarried minor siblings whether by the law or practice of the Member State concerned, provided it is in the best interests of the minors concerned.
6. Persons working with minors, including representatives and persons suitable to provisionally act as representatives as referred to in Article 27, shall not have a record of child-related crimes or offences, or of crimes or offences that lead to serious doubts about their ability to assume a role of responsibility with regard to minors, shall receive initial and continuous appropriate training concerning the rights and needs of minors, including those relating to any applicable child safeguarding standards, and shall be bound by the confidentiality rules provided for in national law in relation to any information they obtain in the course of their work.
Correlation table
| Directive 2013/33/EU | This Directive |
| Article 23(1) to (5) | Article 26(1) to (5) |
| Article 24(4) | Article 26(6) |