Cocreative research with minors in asylum procedures in appeal
Via this webpage, we would like to keep you updated on the developments regarding Sara Lembrechts’ doctoral research on the rights of minors in appellate asylum procedures before the Belgian Council for Alien Law Litigation (RvV-CCE).
A new courtroom for and by minors in appellate asylum procedures before the RVV-CCE
Starting in November, the RVV-CCE will be testing a new courtroom to hear unaccompanied minors during their asylum appeal procedures. The design is a co-creation with four unaccompanied boys from Afghanistan who have gone through an asylum procedure at the RVV-CCE themselves. Based on their personal experiences, we designed a space that takes into account children’s human rights, as well as what young people find important in their interaction with the judge.
In the second phase of the co-creative process, this proposal was thoroughly reviewed with judges and staff of the RVV-CCE. We also presented the design to experts in architecture, pedagogy, and environmental psychology, and tested the proposal against findings from Sara’s empirical research in and around the current courtroom.
© Sara Lembrechts and Ellen Van Vooren, 29 May and 26 June 2024
We arrived at a design that respects the rights of children and young people to be heard, to feel safe, and to feel supported. The young people designed a space that exudes calm and trust, respects privacy, provides support, takes young people seriously, maintains adequate distance, and is clear and informative. Thanks to careful coordination with the RVV-CCE, the layout of the space also takes into account the protocol customs and safety regulations at the Council.
Today, the RVV-CCE is committed to giving this proposal a chance in the daily practice of hearings at the Council. Twelve judges will test the new courtroom during a six-month pilot phase in cases involving unaccompanied minors. The goal of this pilot phase is to evaluate the proposal in practice and, based on the experiences of as many users and stakeholders as possible, to further refine it in line with the human rights of children and young people.
Our hypothesis is that a carefully designed space, which takes into account the needs and rights of children and young people, can contribute to a higher quality interaction between all parties involved, especially between the judge and the young applicant for international protection. Furthermore, we hope that the introduction of this courtroom can serve as a springboard towards a more child-friendly asylum justice system, where the human rights of children and young people are guaranteed both procedurally and substantively. We see a pioneering role for the RVV-CCE in this regard.
More information about the proposal
If you would like to read more about the proposal, click here for the report in Dutch, French or English.
The design was created through a collaboration between Sara Lembrechts, Ellen Van Vooren, 4 Afghan youths, a guardian, and the RVV-CCE, supported by experts. Thanks to financial support from the Fonds Freya Vander Laenen, the young people were appropriately compensated for their time. All other parties involved volunteered to contribute to this process.
The doctoral research that forms the basis of this proposal is funded by the FWO (projectnummer G015520N). The empirical part of the research includes interviews with 20 children and young people who underwent an asylum procedure at the Council as minors, 6 (foster) parents, 6 support figures, 3 employees of the CGVS, 11 guardians, 12 lawyers, 12 asylum judges, 17 staff members of the Council, and approximately 500 hours of ethnographic observations in and around the current courtrooms.
An information video for and by children and young people in the asylum appeal procedure in Belgium before the RvV-CCE
With the financial support of the UGent Fund for Societal Value Creation, the Faculty of Law and Criminology Fund for Societal Value Creation and the Fund Freya Vander Laenen, we are working on an informational video for children and young people who are involved in an asylum appeal procedure before the Council for Alien Law Litigation (RvV-CCE).
Children and young people who receive a negative decision about their asylum application in Belgium and appeal that decision before the RvV-CCE currently receive no information about the appeal procedure that is specifically tailored to them. This informational video aims to fill that gap by explaining the procedure in a clear and child-friendly way, from the perspective of young people themselves.
The video is being developed in close collaboration with young people who have themselves experienced a hearing at the RvV-CCE. Camille Ghekiere is directing the video, and production is in the hands of Het Bataljon. Creative arts center Kopergietery is also involved, supporting and guiding the young people through the artistic process leading up to the film. Experienced theatre makers from Kopergietery invite the young participants to create a safe space for expression, play, and connection.
Young people who have personally gone through an asylum appeal procedure are central to every step of the creative process. In addition to the RvV-CCE itself, civil society organizations are also involved throughout. Experts from the asylum and migration sector, as well as youth information specialists, provide feedback on the first draft of the script and the planned edit.
The video is expected to be released in the fall of 2025. We will keep you informed about the updates via this webpage.
Contact
Would you like to share your thoughts on the proposal, or would you like to be kept informed?
Follow us on LinkedIn or send us a message via sara.lembrechts@ugent.be.
You can also visit us by appointment: Campus Aula | Universiteitsstraat 8, entrance 9 | 1st floor office 06.13.110.007 (visit)
For more information on the research and related publications, click here.
This research is embedded in the UGent Migration Law Research Group | Human Rights Center | CESSMIR | HRRN