Legal caregiver: A legal guardian or another person legally responsible for the child. For the
purposes of UNHCR mandate RSD procedures, the rights and responsibilities of legal caregivers/
guardians assume vis-à-vis a child are akin to those of parents.
Guardian: A person designated to assist an unaccompanied and separated child in all stages of the
Unit 2: General Issues
RSD process and to ensure that the child is properly represented, that his/her views are expressed
and that any decisions taken are in the child’s best interests. A guardian in UNHCR mandate
RSD procedures is not responsible by law for the care and general welfare of the child. The legal
representative cannot undertake the role of a guardian (see § 2.8.4 (b) – Guardians and § 2.7 – Legal
Representation in UNHCR RSD Procedures).
Support person: A trusted adult who may accompany the child Applicant throughout the RSD
process with the aim of providing moral and emotional support and encouraging the expression of
the child’s views and preferences (see § 2.8.4 (c) – Support Persons).
All aspects of RSD procedures involving child Applicants must be conducted in a child-friendly and age
and gender-appropriate manner, in accordance with the best interests principle. This requires taking
into account the child’s level of emotional, mental and intellectual development and maturity, ability to
understand the RSD process and procedures, as well as their personal and contextual circumstances,
including but not limited to their age, gender, sexual orientation, gender identity and gender expression,
disability, cultural and/or religious background, level of education, state of health and vulnerabilities, as
well as the circumstances of flight, transit and arrival in the host country/country of asylum.
The best interests of the child must also be a primary consideration in all decisions affecting the child
Applicant throughout the RSD process. This includes decisions whether to interview a child; to have a
support person present during an interview; to prioritize the processing of the child’s claim; or to share
his/her personal data with family members, host country/country of asylum authorities and implementing
partners. When considering the best interests of the child Applicant, his/her views must be taken into
account. The views of a child Applicant should be given due weight in accordance with their age, and the
level of development and maturity. In exceptional cases, where a child’s level of development and maturity
cannot be readily assessed, Eligibility Officers may consult with child-protection staff or partners with
specialised knowledge in child protection issues.
At the earliest opportunity in the RSD process, Eligibility Officers responsible for determining the refugee
status claims by child Applicants should coordinate with other Protection staff to gather and share the
information required to inform the RSD procedures and accommodate any specific protection needs
and vulnerabilities of child Applicants during the RSD process. Any protection concerns that arise
during the RSD procedures and that require a protection response should be brought to the attention of
the relevant Protection staff without delay. As a good practice, it is recommended that UNHCR Offices
establish procedures to facilitate the coordination of protection interventions and sharing of relevant
information pertaining to child Applicants between Protection staff conducting registration, RSD and
child-specific protection activities.
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