Articles

Children first? The Significance of Child-Oriented Social Welfare Reports for Legal Decision-Making in Asylum Procedures

Authors

  • Margrite E. Kalverboer University of Groningen
  • Elianne Zijlstra University of Groningen
  • Mijntje D.C. ten Brummelaar University of Groningen
  • Anne-Marie N. Huyghen University of Groningen
  • Heinrich B. Winter University of Groningen
  • Erik J. Knorth University of Groningen

Keywords:

UNCRC, asylum procedure, best interests of the child, children's rights, welfare reports

Abstract

This study explores the impact of child-focused social welfare reports on legal decision-making in cases involving children and families seeking asylum in The Netherlands. The Best Interest of the Child Questionnaire (BIC-Q), based on the UN Convention on the Rights of the Child, was designed to assess the developmental prospects of refugee children in different places of residence. In 70 cases of asylum-seeking children, BIC-Q data were used as input for reports aimed at supporting them in the judicial process. The families' solicitors introduced the reports in the legal proceedings. In 87 per cent of the cases, these were taken into account. In those cases where a final decision was made concerning residence rights (n = 30), analyses were made of the reports' impact using the minutes of the internal discussions. The results show the significance of these reports for decision-making in line with the UNCRC.

Author Biographies

Margrite E. Kalverboer, University of Groningen

University of Groningen, Faculty of Behavioural and Social Sciences, Department of Special Needs Education and Youth Care, Groningen, the Netherlands.

Elianne Zijlstra, University of Groningen

University of Groningen, Faculty of Behavioural and Social Sciences, Department of Special Needs Education and Youth Care, Groningen, the Netherlands.

Mijntje D.C. ten Brummelaar, University of Groningen

University of Groningen, Faculty of Behavioural and Social Sciences, Department of Special Needs Education and Youth Care, Groningen, the Netherlands.

Anne-Marie N. Huyghen, University of Groningen

University of Groningen, Faculty of Behavioural and Social Sciences, Department of Special Needs Education and Youth Care, Groningen, the Netherlands.

Heinrich B. Winter, University of Groningen

University of Groningen, Faculty of Law, Department of Administrative Law and Public Administration, Groningen, the Netherlands.

Erik J. Knorth, University of Groningen

University of Groningen, Faculty of Behavioural and Social Sciences, Department of Special Needs Education and Youth Care, Groningen, the Netherlands.

Published

2011-03-01

Issue

Section

Articles