The guardian is an independent person who safeguards a
child’s best interests and general wellbeing and complements the limited legal
capacity of the child. The guardian acts as a statutory representative of the
child in all proceedings in the same way that a parent represents their child.
The guardian acts as a link between the child and all other stakeholders with
responsibilities towards the child. This operational definition takes into
account that the term used, as well as the function and manner of appointment
of a guardian, vary in the different Member States. Under EU law, a guardian is
sometimes referred to as representative.[1]
[1]European Union Agency
for Fundamental Rights (2015), Guardianship for
children deprived of parental care, A handbook to reinforce guardianship
systems to cater for the specific needs of child victims of trafficking, pp. 11-12.