safeguards to assess and determine the child’s best interests.116 Best-interests assessments are generally required for individual children in situations in which they may be at risk of violence, abuse or exploitation and/or when they are separated from their parents or legal guardians. A child’s best interests should be assessed and determined in a manner that ensures their holistic development and free exercise of their rights, including the rights to family life, freedom from violence and a nationality, among others, and to promote their human dignity.117 Assessing the child’s best interests should be done considering the specific circumstances of each child, including the social and cultural context. Various factors should be considered, including the child’s age, sex, level of maturity, familial situation and whether the child belongs to a minority group.118 68. Qualified persons, usually a social service professional and/or judicial official specialized in child rights and development, should conduct such an assessment. A multidisciplinary assessment and determination is also important, including meaningful participation by child protection and welfare authorities.119 In addition, actors independent of any authorities who have vested interest should undertake the assessment. For example, security or intelligence officers should not be involved in the best-interests assessments and determinations of children suspected of 116 Ibid., art. 3. 117 Committee on the Rights of the Child, general comment No. 14 (2013), para. 5. 118 Joint general comment No. 3 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families No. 22 (2017) of the Committee on the Rights of the Child, para. 31. 119 Ibid., para. 32(c). 32. involvement with armed groups or designated terrorist groups. UNHCR Guidelines on Assessing and Determining the Best Interests of the Child: 2018 Provisional Release (2018) This publication updates UNHCR’s Guidelines on Assessing and Determining the Best Interests of the Child. The Guidelines combine a conceptual framework of the best interests of the child with operational guidance to provide one consolidated, practical framework of reference for practitioners. Available at www. refworld.org/pdfid/5c18d7254.pdf. Example from Council of Europe. The best interests of the child—A dialogue between theory and practice (2016) The publication is based on a conference organized by the Government of Belgium and the Council of Europe in 2014 as a venue for actors involved in decisions that have an impact on children’s lives to share knowledge and enhance the understanding of the concept of the best interests of the child. The publication, consisting of contributions from 21 experts, covers four areas (a) general reflections of the concept, (b) assessing, determining and monitoring the best interests, (c) using the concept in different environments and (d) understanding the concept in family affairs. Available at https://rm.coe.int/1680657e56.

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