The Screening Regulation states that Member States, when conducting screening, shall act in full compliance with relevant EU and international law, including the Charter of Fundamental Rights and the Geneva Convention Relating to the Status of Refugees. Particular attention must be paid to minors, including by providing information in a child-friendly and age-appropriate manner, and ensuring that the best interests of the child are a primary consideration during screening.
Persons subjected to the screening should be informed about the process and about their right to apply for international protection.Member States must ensure that people undergoing screening have their basic needs met, that their physical and mental health is protected, and that their fundamental rights are respected.
Additionally, organisations and professionals providing advice and counselling shall have effective access to screened persons.
The Screening Regulation requires each Member State to set up an independent monitoring mechanism.
Persons who undergo screening may at any time request to speak in private or submit a complaint to the designated monitoring bodies or other representatives if they believe their fundamental rights have been violated.
These safeguards are set out in EU law; how they work in practice depends on how Member States implement the rules and on the effectiveness of independent monitoring. Monitoring arrangements differ between Member States but typically involve national human rights or fundamental rights bodies, ombudspersons, or other independent institutions.
Depending on the national setup, monitoring bodies may carry out on-the-spot checks, including random or unannounced visits, and should have access to all locations and information that are relevant for screening. Their members may also be present during screening to observe how the rules are applied in practice.
When Frontex teams are present, this work is complemented by the Agency’s own Fundamental Rights Office (FRO) and its Fundamental Rights Monitors, who can be deployed to work alongside and observe Frontex officers and national authorities involved in screening activities.