The right to asylum of unaccompanied minors in the European Union

The report ‘The Right to Asylum of Unaccompanied Minors in the European Union’ surveys practices in the 27 EU Member States, but the recommendations extracted from the main report are applicable to all states in the world. These summary recommendations have been compiled by Dr Barbara Harrell-Bond of the Fahamu Refugee Programme.

Recommendations

• Children should always have access to asylum procedures, regardless of their age.
  
• Public authorities should take measures to ensure that all unaccompanied children are informed about their right to seek asylum and to detail such procedures in a child-friendly manner tailored to the needs of children.
  
• Each state should collect and provide data on asylum applications and decisions relating to unaccompanied minors, with broken down by sex, nationality and age in order to improve knowledge on this phenomenon and to design adapted policies.
  
• A legal guardian should be appointed for all unaccompanied children during the asylum procedure.
  
• The guardian should have specific knowledge in the field of law and asylum procedures and he/she should have experience in the field of child rights and child protection. He should be independent from public authorities.
  
• A monitoring system should be implemented in order to evaluate the work of the legal guardian. In accordance with the age and maturity of the child, he should be given the opportunity to be heard regarding the appointment and work of the guardian.
  
• The Dublin II regulation should not be applied to unaccompanied minors, except for the purpose of family reunification if it is in the best interest of the child. In this case, minors should be properly informed and accompanied during the transfer.
  
• Unaccompanied minors should benefit from free legal support at all stages of the application preparation procedure.
  
• Irrespective of their legal status, unaccompanied minors should be entitled to the necessary protection and basic medical and psychological care.
  
• Unaccompanied asylum seeking children should be placed in accommodation centres for children. Staff working with these children should receive appropriate training concerning their specific needs as asylum seekers and children.
  
• Unaccompanied minors should never be detained, whether or not they are asylum seekers.
  
• No negative decision should be issued without an interview, except when the claimant is in an absolute incapacity duly assessed by an independent authority.
  
• Interviews should be conducted in child-friendly conditions, by specially qualified and trained officials with appropriate knowledge of the psychological and emotional needs, physical development and behaviour of children. Moreover, EU and national institutions should provide information on the situation of children in the country of origin for asylum officers.
  
• Considering the vulnerability and special needs of unaccompanied minors, it is essential that every effort be made to reach a decision on asylum promptly and fairly.
  
• A liberal application of the principle of the benefit of the doubt should be applied to decisions regarding applications of unaccompanied children. Child-specific forms of persecution should be taken into account in the decision process.
  
• Unaccompanied minors should never been prevented from appealing a negative decision.
  
• The family of unaccompanied children who were granted international protection should be granted a residence permit. Family reunification should apply to families of minors who were granted  international protection, in a reunification procedure that is eased and accelerated.
  
• Unaccompanied children arriving at the border should be admitted to the territory in order to assess their situation regarding asylum and to provide them with appropriate accommodation and care. Unaccompanied children should never be detained at the border.
  

Bron: http://frlan.tumblr.com/post/32664251487/the-right-to-asylum-of-unaccompanied-minors-in-the#.UGq56XMZD64.twitter

Volgens mij voldoet Nederland hier aan maar ik heb er weining mee te maken gehad qua werk.


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