Federal Council reports on the best interest of the child

The Federal Council concluded in a report that the current legal framework adequately takes into account the best interests of the child in the areas of asylum and foreign nationals law. 

The report, commissioned by the National Council, also emphasises that further practical improvements are still needed, particularly in procedures, accommodation, care and education.

According to the report, progress has been made by the State Secretariat for Migration (SEM) and cantonal authorities in supporting unaccompanied minors. Their asylum applications are prioritised and they are assigned a trusted representative to safeguard their interests throughout the procedure.

Improvements have also been achieved in raising awareness and strengthening the skills of professionals working with children. However, the report identifies remaining gaps, including the need for a standardized procedure to assess the best interests of the child, as well as further enhancements in accommodation and care arrangements for children and adolescents.

The report confirms that Switzerland has the necessary legal foundations to implement the core guarantees of the UN Convention on the Rights of the Child. Building on this, the Federal Council intends to focus on practical measures. It has tasked the Federal Department of Justice and Police (FDJP) with establishing a working group to examine concrete issues related to the best interests of the child in migration matters across all levels of government.

The report responds to a parliamentary request submitted by National Councillor Samira Marti (Postulate 20.4421). To address the issue, the SEM commissioned an external study and set up a broad advisory group involving representatives from cantons, municipalities, international organisations, civil society and federal authorities.