S.L. 420.9 Art. 24Best interests of minors.

(1) When implementing the provisions of these regulations that may potentially affect the minor, the best interests of the minor shall be the primary consideration. Minors shall be entitled to an adequate standard of living for their physical, mental, spiritual, moral and social development.

(2) When the best interests of the minor are being assessed, particular consideration shall be given to 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 human trafficking; and

(d) the views of the minor in accordance with his age and maturity.

(3) Minors shall 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 regulation 18(1), as well as to school materials where needed.

(4) 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 shall have access to rehabilitation services. Appropriate mental health care shall be developed and qualified counselling shall be provided where needed.

(5) Minor children of applicants or applicants who are minors shall be accommodated with their parents or with the adult responsible for them and their unmarried minor siblings, provided that this 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 regulation 25, 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 related to any applicable child safeguarding standards, and shall be bound by the confidentiality rules in relation to any information they obtain in the course of their work.