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Screening Regulation:
Article 13 – Guarantees for minors

1. During the screening, the best interests of the child shall always be a primary consideration in accordance with Article 24(2) of the CharterThe Charter of Fundamental Rights of the European Union.

2. During the screening, the minor shall be accompanied by, where present, an adult family member.

3. Member States shall, as soon as possible, take measures to ensure that a representative or, where a representative has not been appointed, a person trained to safeguard the best interests and general wellbeing of the minor accompanies and assists the unaccompanied minor during the screening in a child-friendly and age-appropriate manner and in a language that he or she understands. That person shall be the person designated to provisionally act as a representative under Directive (EU) 2024/1346Reception Directive where that person has been designated under that Directive.

The representative shall have the necessary skills and expertise, including regarding the treatment and specific needs of minors. The representative shall act in order to safeguard the best interests and general well-being of the minor and so that the unaccompanied minor can benefit from the rights and comply with the obligations under this Regulation.

4. The person in charge of accompanying and assisting an unaccompanied minor in accordance with paragraph 3 shall not be a person responsible for any elements of the screening, shall act independently and shall not receive orders either from persons responsible for the screening or from the screening authorities. Such persons shall perform their duties in accordance with the principle of the best interests of the child and shall have the necessary expertise and training to that end. In order to ensure the well-being and social development of the minor, that person shall be changed only when necessary.

5. Member States shall place a representative or person as referred to in paragraph 3 in charge of a proportionate and limited number of unaccompanied minors and, under normal circumstances, of no more than thirty unaccompanied minors at one time, to ensure that that representative or person is able to perform his or her tasks effectively.

6. The fact that a representative has not been appointed or a person provisionally acting as a representative has not been designated under Directive (EU) 2024/1346Reception Directive shall not prevent an unaccompanied minor from exercising the right to apply for international protection.


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Categories: Articles Key words: Best Interests of the Child, Minor, Representative, Unaccompanied minor

Keywords

Absconding Accelerated Examination Procedure Adequate capacity Annual Solidarity Pool Asylum Border Procedure Beneficiary of temporary protection Best Interests of the Child Biometric data Common Identity Repository (CIR) Crisis/Force Majeure Detention Determining authority Effective Remedy Eurodac Facial image data Family members Fingerprint data Hit Humanitarian admission Identification Identity data Illegal stay Mandatory Solidarity Member State Responsible Migratory pressure Minor Non-Refoulement Refugee status Relocation Remain in the Member State Representative Resettlement Return Border Procedure Safe Country of Origin Safe Third Country Search and rescue operation Secondary Movement Special procedural guarantees Special reception needs Stateless person Subsequent application Subsidiary protection status Transfer Unaccompanied minor Visa

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