Unaccompanied Migrant Minors (Rinaldi)(2019)

2016

Introduction-2. Coping with an 'enhanced vulnerability': the case of unaccompanied asylum seeking minors-3. Accommodating migrants and promoting the development of the host country: two birds with one stone?-4. The protection of asylum seeking minors in Europe: an overview-4.1. The protection of unaccompanied minors under the European Convention on Human Rights-4.2. The European Union: the quest to accommodate and protect unaccompanied asylum seeking minors-5. Rethinking the Common European Asylum System to provide an effective response to the migration challenge-5.1. The current deficiencies of the CEAS and the struggle to ensure the protection of unaccompanied asylum seeking minors-5.2. Reforming the CEAS to foster the best interest of the child: a (possible) step forward-6. New proposals, old problems: will an adequate asylum system ever see the light? 1.-Introduction In recent years 1 , irregular migrationespecially by the Mediterranean Seahas * The author wishes to thank the two anonymous referees of this journal, for reading the manuscript and providing useful comments. However, errors and omissions in the article are the sole responsibility of the author. 1 See the recent Monthly Report of the EUROPEAN UNION AGENCY FOR FUNDAMENTAL RIGHTS, FRA,

IMMERSE Policy Brief, 2023

This paper is the third of a series of Policy Briefs. These documents aim to link the progress and findings of the IMMERSE project to specific policy recommendations. Unaccompanied migrant minors are among the most vulnerable groups in our societies, prone to fall into irregularity or other precarious situations once they reach legal age. This document discusses the importance of designing a unifi ed and child-centred reception model to integrate them into European societies.

Unaccompanied Minors: Current Challenges in view of their Mistreatment and the International and European Response , 2022

In this publication we embarked on the question of the international and european protection of Unaccompanied Minors in view of the current challenges they have to face.

The Journal of pediatrics, 2016

International Legal Materials

On August 19, 2014, the Inter-American Court of Human Rights (the Court) issued its Advisory Opinion on the “Rights and Guarantees of Children in the Context of Migration and/or in need of International Protection” (the Opinion). This key Opinion is the first time that the Court has addressed states’ obligations to protect the rights of migrant children, in response to a joint submission by four members of the Organization of American States (OAS).

2017

The European Union failed to protect the migrants and to provide special protection and care for unaccompanied and separated children during the massive migrant flows in Europe. Despite the EU and other international regulations, EU as a whole and some member states failed to establish and put in practice quality standards, referral mechanisms and standardized procedures in the reception and care of migrant and asylum seeking children, including with regard to the individual best interest determination, assistance and support for victims of violence, child-sensitive hearings and interviews. Also, it is more than obvious that there is no effective and efficient guardianship services for unaccompanied and separated children migrants and refugees. The aim of this paper is not only to elaborate the legal frame and the past experience in this regard, but also to provide some new ideas and prospects for improvement of the child protection and finding solutions for the children, families, ...

Hungarian Journal of Legal Studies, 2023

This article analyses an inclusive and participatory approach to regularising 'Non-Asylum Seeking Unaccompanied Migrant Minors' in Spain. The terminology is multiple; in this paper, the choice has fallen on Unaccompanied Migrant Minors with the acronym UMMs instead of UAMs, to be consistent with the doctoral thesis already defended in 2021. The term UASC, specific to unaccompanied migrant minors seeking asylum, was excluded. To fully assess the process, it is necessary to account for the following factors shaping their administrative situation: (a) how they reach adulthood, (b) whether they are in regular or irregular situations, and (c) the waiting time for obtaining regularity status and citizenship. This article reviews the gap between perspectives of legal protection, good intentions, and political restrictions. The study has been carried out considering the results of qualitative research obtained through interviews with minors, staff members at reception centres, guardians, and immigration authorities. Particular attention is devoted to the limited number of resident permits granted to the UMMs. The methodology was enriched by desk research; most sources cited in the article are legal instruments and academic papers. The different dimensions of regularization are analysed by paying attention to (i) residence permits and political rights; (ii) the role of guardianship in administrative regularization; and (iii) vulnerability related to the legal status of unaccompanied migrant minors. A comprehensive assessment is carried out based on children's rights and the social, institutional, and organizational contexts, as well as considering the policies which condition the protection milieu concerning migrant children and the practices at both general and operative levels.

2023

The European Social Charter in both its versions-the original from 1961 and the revised one from 1996, attaches great importance to the protection of children's rights. It sees the fate of unaccompanied minor foreigners in the territories of states-parties to the Charter as a special problem. Three complaints directly address this issue: two by Defense for Children International against the Netherlands in 2008 and against Belgium in 2011, and one by EUROCEF against France in 2015. They were settled by the European Committee of Social Rights in 2009, 2012, and 2018, respectively. The rulings adopted by the Committee provide an important framework for the response of public authorities in Europe to the increasing number of children arriving from other continents. The adopted directions of thinking indicate the need for great sensitivity in applying the applicable legal standards to this category of foreigners. The article indicates the essential elements that should be taken into account when deciding on the legal situation of minor foreigners coming to Europe.

The Legal Status of Unaccompanied children within international, European and National Frameworks. Protective Standars vs. Restrictive Implementation, 2011

The Ashgate Research Companion to Migration Theory and Policy, 2013