Background:

Under the Screening Regulation, Member States are required to establish an independent mechanism to monitor compliance with fundamental rights when screening applicants for international protection at external borders. Luxembourg has designated the national ombudsman to assume this role, also for the screening process of unaccompanied minors. The Luxembourg Ombudsman for Children and Youngsters is interested in understanding how this mechanism will be implemented in the Member States, and what role the Ombudsmen for Children are expected to play.

Respondents:

22 EMN Member Countries (including BE)  provided a public answer to this ad hoc query.

Findings:

A preliminary analysis of the results of the ad hoc query shows that:

• In the great majority of responding countries (including BE), the same actor is responsible for monitoring the fundamental rights during the screening process for all target groups, including unaccompanied minors. However, in the NL, the authorities responsible for monitoring fundamental rights during screening differ from those tasked with guaranteeing the fundamental rights of unaccompanied minors during screening. At the time of the ad hoc query, a few countries had not yet identified the responsible authority for the independent monitoring mechanism.
   
• In most countries (including BE), no specific role was provided for the Children’s Ombudsman within their national independent monitoring mechanism for the screening process. Four countries reported not having a dedicated Children’s Ombudsman institution. 
   
• A few countries have formally assigned a role to their Children’s Ombudsman during the screening process for unaccompanied minors. For example, in IE, the Office of Chief Inspector of Asylum and Border Procedures was established as the independent monitoring mechanism, and the Children’s Ombudsman was given an advisory role as part of the Advisory Board. CZ also foresees the Children’s Ombudsman's involvement in the monitoring mechanism, in accordance with the Screening Regulation. 
   
• Most countries report not having a formal consultation mechanism in place with the Children’ s Ombudsmen during the screening process for unaccompanied minors regarding the best interest of the child.  Different countries (e.g., FI, FR) assign this role to the legal (temporary) representative.
   
• Even if no specific role is assigned to the Children’s Ombudsman in the screening process, in most countries, they can still act within the framework of their general mandate – for example, in the framework of complaint mechanisms – to carry out unannounced visits or access documents. For instance, in the NL, the Children’s Ombudsman can conduct unannounced on-site investigations in screening facilities, provided it is reasonably necessary to perform their duties. 

For further details, please read the compilation of answers attached above.