Introduction
Determination of the Best Interests of the Child
Best Interests of the Child (BIC)-Model
Family | Society |
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Best Interests of the Child-Model
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Current situation
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1. Adequate physical care
Adequate physical care refers to the care for the child’s health and physical well-being by parents or care-providers. They offer the child a place to live, clothing to wear, enough food to eat and (some) personal belongings. There is a family income to provide for all this. In addition, the parents or care–providers are free of worries about providing for the child’s physical well-being CRC Art. 24, 26, 27 GC 14 para. 70, 71, 77, 78, 84 |
8. Safe wider physical environment
The neighbourhood the child grows up in is safe, as well as the society the child lives in. Criminality, (civil) wars, natural disasters, infectious diseases etc. Do not threaten the development of the child CRC Art. 33, 34, 35, 36, 37 GC 14 para. 70, 71, 73, 74, 77, 78, 84 |
2. Safe direct physical environment
A safe direct physical environment offers the child physical protection. This implies the absence of physical danger in the house or neighbourhood in which the child lives. There are no toxics or other threats in the house or neighbourhood. The child is not threatened by abuse of any kind CRC Art. 19, 24 GC 14 para 61, 70, 71, 73, 74, 77, 78, 84 |
9. Respect
The needs, wishes, feelings and desires of the child are taken seriously by the child’s environment and the society the child lives in. There is no discrimination because of background, race or religion CRC Art. 2, 13, 14, 15, 16, 30, 37 GC 14 para. 56, 70, 73, 74, 79, 84 |
3. Affective atmosphere
An affective atmosphere implies that the parents or care-providers of the child offer the child emotional protection, support and understanding. There are bonds of attachment between the parent(s) or care-giver(s) and the child. There is a relationship of mutual affection CRC Art. 19 GC 14 para. 70, 71, 72, 84 |
10. Social network
The child and his family have various sources of support in their environment upon which they can depend CRC Art. 20, 37, 31 GC 14 para. 70, 73, 84 |
4. Supportive, flexible childrearing structure
A supportive, flexible childrearing structure encompasses several aspects like: enough daily routine in the child’s life; encouragement, stimulation and instruction to the child and the requirement of realistic demands; rules, limits, instructions and insight into the arguments for these rules; control of the child’s behaviour; enough space for the child’s own wishes and thoughts, enough freedom to experiment and to negotiate on what is important to the child; no more responsibilities than the child is capable of handling CRC Art. 13, 14 GC 14 para. 70, 71, 84 |
11. Education
The child receives a suitable education and has the opportunity to develop his personality and talents (e.g. sport or music) CRC Art. 17, 28, 29, 31 GC 14 para. 70, 73, 84 |
5. Adequate example by parents
The parents or care-providers offer the child the opportunity to incorporate their behaviour, values and cultural norms that are important, now and in the future CRC Art. 10 GC 14 para. 70, 71, 84 |
12. Contact with peers
The child has opportunities to have contacts with other children in various situations suitable to his perception of the world and developmental age CRC Art. 31 GC 14 para. 70, 73, 84 |
6. Interest in the child
The parents or care-providers show interest in the activities and interests of the child and in his perception of the world CRC Art. 31 GC 14 para. 70, 71, 84 |
13. Adequate examples in society
The child is in contact with children and adults who are examples for current and future behaviour and who mediate the adaptation of important societal values and norms CRC Art. 2, 8, 13, 14, 15 GC 14 para. 70, 73, 84 |
Future and past
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7. Continuity in upbringing conditions, future perspective
The parents or care-providers care for the child and bring the child up in a way that attachment bonds develop. Basic trust is to be continued by the availability of the parents or care-providers to the child. The child experiences a future perspective CRC Art. 5, 6, 9, 10, 18 GC 14 para. 65, 66, 67, 70, 72, 74, 84 |
14. Stability in life circumstances, future perspective
The environment in which the child is brought up does not change suddenly and unexpectedly. There is continuity in life circumstances. Significant changes are prepared for and made comprehendible for the child. Persons with whom the child can identify and sources of support are constantly available to the child, as well as the possibility of developing relationships by means of a common language. Society offers the child opportunities and a future perspective CRC Art. 6, 9, 10, 20 GC 14 para. 65, 70, 74, 84 |
Methods
Search Strategy
Best interests of the child-aspects
| Search terms | General Comment No. 14 | BIC condition |
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The child’s views | Views OR opinions OR ideas OR | Para. 53–54 | |
The child’s identity | Identity OR personality OR “evolving capacities” OR values OR traditions OR | Para. 55–57 | 9 |
Preservation of family environment and maintaining relations | Continuity OR stability OR stable OR family OR familial OR “social network” OR peer* OR relation* OR separate* OR | Para. 58–70 | 2, 7, 14 |
Care, protection and safety of the child Quality of family environment Quality of social environment | Care OR caring OR protect* OR safe* OR secure OR adequate OR integrity OR violen*OR risk* OR abuse OR wellbeing OR emotional OR physical OR affection OR degrading OR bullying OR harm OR pressure OR harassment OR exploitation OR injury OR “degrading treatment” OR conflict* OR upbringing OR “child rearing” OR parenting OR caring OR supervision OR guidance OR atmosphere OR affective OR interest OR example* OR respect OR support OR future OR perspective OR consequences OR “life circumstances” OR “living circumstances” OR | Para. 71–74 | 1–14 |
Vulnerability | Vulnerab* OR disabilit* OR disable* OR minorit* OR victim* OR resilien* OR | Para. 75–76 | |
Right to health | Health OR treatment OR development* OR psycho* OR psychiatric OR behavior OR | Para. 77–78, 84 | 1, 2, 7, 8, 14 |
Right to education | Education* OR school OR teach* OR learning OR capacit* | Para. 79, 84 | 7, 11, 14 |
Age
Children | AND Child* OR young* OR adolescen*OR kid* OR minor* OR infant* | ||
Background
Refugee | AND Asylum* OR refugee* OR fled OR flee OR resettle* OR “forced migrat*” | ||
Timing
On arrival | AND “Recently arrived” OR “recently-arrived” OR “new arrival*” OR “on arrival” |
Inclusion and Exclusion Criteria
Results
Description of the Studies
Citation | Year | Study site | Country of origin | Number of participants | Male/ female | Age years (M) | Months since arrival | Measurements | Summary descriptive outcomes | Summary confirmatory outcomes |
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Unaccompanied children
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Jakobsen et al.a
| Norway | Afghanistan (122); Somalia (35); Iran (3) | 160 | 160 (100 %)/0 (0 %) | 14–20 (16.23) | 4 | HSCL-25 HTQ SLE Diagnostic interviews (CIDI) |
Experiences
96.3 %: at least one stressful life event; mean: 6.2 (range: 0–12) 81.7 %: life-threatening events; 77.9 %: physical abuse; 77.9 %: loss of close relative; 63.3 %: drastic changes in family during the last year; 57.2 %: witnessing violence against others; 54.7 %: separated from family against will
Mental health
41.9 %: psychiatric disorder; 30.6: PTSD; 9.4 %: depression | ||
Vervliet et al.a
| Belgium (103); Norway (204) | Afghanistan (202); Somalia (47); Guinea (20); various (38) | 307 | 291 (95 %)/16 (5 %) | 15–18 (16.13) | 2–5 | HSCL-37A SLE RATS HTQ |
Experiences
Mean stressful life events: 6.4 (range: 0–12). 78.9 %: death of loved one; 72.5 %: physical maltreatment’; 81.8 %: experience ‘I’m in danger’; 64.0 %: drastic family changes
Mental health
38.3 %: anxiety; 44.1 %: depression; 52,7 %: PTSD |
Significant risk factors
The more traumatic experiences the children reported, the more symptoms they had of anxiety, depression, and PTSD
Non-significant
Age Parents still alive | |
Jensen et al. | Norway | Afghanistan (43); Eritrea (14); Somalia (14); Sri Lanka (11); various (11) | 93 | 75 (81 %)/18 (19 %) | 10–16 (13.8) | 6 | HSCL-37 SLE CPSS |
Experiences
Mean stressful life events: 5.5 (range: 0–12); 67.7 %: death of a close person; 63.4 %: witnessing violence; 62.4 %: witnessing war
Mental health
30 %: anxiety; 20 %: depression; 54 % PTSD |
Significant risk factors
The number of stressful life events correlated with PTSD and internalizing symptoms Girls scored higher on the avoidance subscale (CPSS)
Non-significant
Age | |
Sourander | Finland | Somalia (37); various (9) | 46 | 34 (74 %)/12 (26 %) | 6–17 (14.1) | 5 | CBCL + interviews + Clinical + legal information |
Experiences
17 %: father disappeared; 22 %: father died; 22 %: mother disappeared; 9 % mother died; 83 %: persecution: 15 %: personal violence, 28 %: eye witnessed violence towards family members
Mental health
48 %: clinical or borderline (related to mood, anxiety, PTSD) |
Significant risk factors
Younger children (6–14) had more severe externalizing, social and attention problems than older children (15–17)
Non-significant
Duration of the flight Experience of violence Gender
Practically relevant
Children coming from two-parents families were doing better that the other children | |
Accompanied children
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Sampsom and Gifford | Australia | Sudan (62); Iraq (18); Ethiopia (15); various (25) | 120 | 65 (54 %)/55 (46 %) | 11–19 | <12 | Neighbour-hood maps, photo-novella’s + narrative data |
Well-being
The most important places: are associated with being able to pursue potentials largely absent in the places of their past | ||
Rothe et al. | USA | Cuba | 87 | 50 (57 %)/37 (43 %) | 6–17 (14.9) | 4–6 | PTSDRI CBCL-TRF |
Experiences
21 %: separation of father; 13 % separation of mother; 24 %: separation of sibling; 69 %: separation of grandparent(s)
Mental health
57 %: PTSD; 67 %: avoidance; 60 % re-experiences; 52 %: somatic symptoms; 51 %: hyper-arousal |
Significant risk factors
Significant relationship between number of stressors and severity of self-reported PTSD symptoms Modest relationship between feelings that child would die at sea and witnessing violence in refugee camps with withdrawn behaviour Moderate relationship between (older) age and witnessing violence with PTSD
Non-significant
Gender | |
Abdallah and Elklit | Denmark | Kosovo | 1224 | 52 %/48 % (8 % missing data) | 0–18 (8.2) | <1 (1 week) | TSF |
Experiences
54 %: separated from one of more grandparent(s); 35 %: separated from father; 7 %: from mother; 30 %: loss close relative; 40 %: witnessing violence
Mental health
20 %: emotional symptoms; 24 %: psychosomatic disturbances |
Significant risk factors
Increasing age was related to increasing occurrence of PTSD Duration of the flight was associated with depression, aggression and nervousness and psychosomatic problems The number of separations, number of losses and experience of torture, were associated with higher prevalence of anxiety, PTSD, depression, regressive traits and behavioural problems Extreme poverty and hunger were associated with an increasing frequency of all symptoms
Non-significant
Gender | |
Goldin et al. | Sweden | Bosnia | 90 | 46 (51 %)/44 (49 %) | 0–20 | 6–10 | Semi- structured interviews with the family + individual interviews children |
Experiences
69 %: life was ‘good’ prior to the war; 83 %: no safe place during war; 44 % severe war experiences; 29 % direct exposure to violence; 60 %: separation from a parent
Mental health
30 %: multiple trauma stress |
Significant risk factors
Ethnic background significantly affected the trauma stress exposure during the war. Lower social class was related to a higher intensity of child war exposure. Older children were more affected than preschool children | |
Geltman | USA | Bosnia | 31 | 19 (61 %)/12 (39 %) | 2–17 (10.7) | <3 | Bosnia War Trauma Question-naire |
Experiences
68 %: separation from a parent; 81 %: direct exposure to armed combat; 71 %: death friend/relative; 52 %: economic deprivation
Mental health
77 %: behavioural symptoms; 72 %: repetitive talking about violence, 52 %: nightmares; 40 % acting out; 40 % avoidance of exposure to memories |
Significant risk factors
Experiencing the death of a close relative or friend and witnessing violence to strangers were associated with re-experiencing symptoms Experiencing or witnessing interpersonal violence directed to a close relative or friend was associated with symptoms of numbing | |
Montgomery | Denmark | Middle East: Iran (32); Iraq (168) Lebanon (22) Syria (13); stateless Palestinians (75); Turkey (1) | 311 | 160 (51 %)/151 (49 %) | 3–15 (7.5) | <1 (m 7 days) | Structured interview with parent-(s) |
Experiences
92 %: lived in a refugee camp outside the home country; 89 %: lived under conditions of war; 89 %: been on the run with parents; 20 %: lost one parent; 60 %: separated from one parent
Mental health
67 %: clinically anxious |
Significant risk factors
Significant predicting factors for anxiety were: lived in a refugee camp outside the home country; part of a torture surviving family; lack of opportunities for play with other children; beaten/kicked by an official; loss of father; parent hit or punished the child more than prior to arrival
Significant protective factor
Being accompanied by both parents was a modifying factor for anxiety
Non-significant
Age (except for separation anxiety young children after loss of father) Gender | |
Almqvist and Brandell-Forsberg | Sweden | Iran | 50 | 36 (72 %)/14 (28 %) | 3–8 (5.10) | 12 | Parental interviews + children’s assessment: observa-tions, structured tasks and questions Lowenfeld World Technique |
Experiences
84 %: exposure to violence; 32 %: eye witnessing acts of organized violence
Mental health
68 %: behavioural symptoms (81 % of 42 who were exposed to violence); 48 %: over-dependency and anxiety (57 % of 42); 44 %: re-experiencing (52 % of 42); 18 %: PTSD (21 % of 42); 26 %: post-traumatic stress symptoms (31 % of 42) |
Practically relevant
The intensity of traumatic exposure was strongly related to the prevalence of PTSD | |
Ekblad | Sweden | Former Yugoslavia | 66 | 33 (50 %)/33 (50 %) | 5–15 | 5 (m) | Structured interviews with children + parents |
Experiences
22 %: separation of one parent; 90 % separation of a relative: ≈ 100 % experienced violence; 37 %: personal exposure to violence
Mental health
58 %: home sick; 45 %: depression; 41 % somatic symptoms; 39 % nightmares; 28 %: fear |
Practically relevant
Experience of direct violence; apathetic or unstable mother; higher education level father; lack of proper information before flight seemed to be associated with poorer mental health |
Stressful Life Experiences of Refugee Children Before Arrival in the Host Country
Unaccompanied Children
Accompanied Children
Mental Health Problems of Recently Arrived Refugee Children
Unaccompanied Children
Accompanied Children
Risk and Protective Factors
Unaccompanied Children
Accompanied Children
Discussion
Elements for the Best Interests of the Child Assessment
Factors of Vulnerability
Lack of Information of Family and Social Context
Fit with Previous Systematic Reviews
Individual characteristics | Family and Social environment | ||
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Identity | Situation of vulnerability | Conditions for development in the family | Conditions for development in the society |
Elements of the best interests of the refugee child assessment upon arrival | |||
Gender Sexual orientation Nation of origin Religion and beliefs Cultural Age | Being refugee, asylum seeker, migrant Pre-existing vulnerability: development, illnesses, extreme poverty
Being unaccompanied
Number, severity and duration of stress full life events
Exposure to violence
Witnessing violence
Dangerous and/or long flight
Having stayed in refugee camps
(Number of) separations
Mental health: PTSD, anxiety, depression
| Care, protection, safety of the child and rearing Conditions within the family Extreme poverty
Poor parental support
Dead and losses of close relatives
Separations
| Safe environment Exposure to violence
Witnessing violence
Feeling of being in danger
Social environment Experience of discrimination
Lack of social support
Lack of opportunities to play
Education |
Prospects in the future | |||
Possibility to preserve identity | Possibility to address special needs, including (mental) health care | Preservation of the family environment Drastic changes in family
Dead and losses of close relatives
Separations
Poor parental support
| Stability and future perspectives in society on safety, protection, possibility to address educational needs, preservation of social ties |