This report was authored by the Office of Ararteko, Ombudsman for the Basque Country. Foreign unaccompanied minors currently represent one of the major migration challenges for European societies and public administrations.
Purpose, scope and clarification of terms of the chapter on foreign unaccompanied minors
A best interests provision (BID) "describes the formal process with strict procedural safeguards designed to determine the best interests of the child based on the assessment of the best interests"17. A guardian is "an independent person who takes care of a child's welfare and general well-being and in this connection supplements the child's limited legal capacity.
Research methodology
Most of the examples of promising practices carried out by ombudsperson institutions and children's rights institutions are contained in the first part "Intersectoral measures", especially in section 4 "Monitoring and complaint mechanisms". Practices carried out by ombudsperson institutions and children's rights institutions are presented in the text in a different font to distinguish them from those of the public administration.
Cross cutting measures
The right of the child to be heard
Lithuania: In Lithuania, the unaccompanied minor's opinion is heard in the interview during a first reception stage. During the interview, an officer informs the minor about the purpose of the interview and his/her rights.
Training of professionals
All professionals working with unaccompanied minors, both directly and indirectly, are trained to deal with unaccompanied minors’ special needs, their
All professionals who work with unaccompanied minors, both directly and indirectly, receive training in children's rights, child protection, communication with children, children's participation, cultural and gender sensitivity, etc. All professionals who work with unaccompanied minors, both directly and indirectly, receive training in the relevant legal and administrative framework.
Cooperation and coordination mechanisms
Cooperation between the Serbian and Greek ombudsman's offices was crucial in enabling the mother and her two children to return to Serbia. In 2018, the Protector of Citizens of the Republic of Serbia also cooperated with the Ombudsman for Children in Belgium (Flemish and Walloon Regions) regarding the return and reception procedure in Serbia of a family that had been refused asylum in Belgium.
Monitoring and complaint mechanisms
Chancellor of Justice of Estonia: As already mentioned48, the Office of the Chancellor of Justice conducted an investigation into the situation of unaccompanied minors in Estonia over the years. What's more, based on the outcome of the investigation, the chancellor of justice too.
Legal protection and planning mechanisms
Catalonia (Spain): Due to the high influx of unaccompanied minors in Catalonia, the existing reception system had to be redesigned and therefore in 2019 the government developed a strategic plan for the reception of unaccompanied minors55. In this regard, professionals at Rukla Refugee Center - institution responsible for the accommodation of unaccompanied minors in Lithuania - must fill in a form about the unaccompanied minor.
First reception stage
Arrival at the host country
Practices regarding arrival and reception procedures, establishing the division of roles and responsibilities, the collection of information, and applicable procedural
The cases must identify the minor and take action for housing and family reunification, in accordance with the best interests of the child. Netherlands: Unaccompanied minors who arrive or are found on the territory of the Netherlands are immediately assigned a guardian by Nidos81. The BIA form must be completed by the minor's guardian or legal representative, ensuring that the child's best interests are paramount.
Assignment to first reception centres
The stay of minors in first reception centers - which are located in border lines and police stations - is linked to identification and registration purposes. First reception centers have child-friendly conditions and guarantee free access to services (e.g. nutrition, health care, education, psychosocial assistance, legal assistance, protection, recreational activities, etc.). These new types of reception centers provide continuous comprehensive care to unaccompanied minors in a safe environment and ensure that all their basic needs, including accommodation, nutrition, health care, education, clothing, recreation and culture, are met, ensuring their adequate physical, psychological and enable social development. .
Age assessment
The information in the following paragraphs describes positive experiences that meet the guarantees of the age assessment procedure. The benefit of the doubt is applied throughout the age determination process and the margin of error of the age assessment results is applied in favor of unaccompanied minors. According to this principle, in case of doubt, the individual is presumed to be a minor during the age assessment procedure.
Later reception stages
Housing and accommodation
Netherlands: In the Netherlands, unaccompanied minors under the age of 15 are placed in foster families for which Nidos is responsible. In the case of institutionalization, unaccompanied minors are accommodated in accommodation facilities separate from those in which adults are accommodated. Portugal: In Portugal, unaccompanied minors are usually placed in a CACR run by the CPR.
Education
Lithuania: In Lithuania, unaccompanied minors have universal access to compulsory education under the same conditions as citizens, regardless of their migration status 122. Spain: In Spain, unaccompanied minors have access to compulsory education under the same conditions as citizens, regardless of their migration condition. Lithuania: In Lithuania, unaccompanied minors have general access to vocational training under the same conditions as citizens, regardless of their migrant status126.
Healthcare
The center adopts a multidisciplinary team approach, involving nurses and psychology professionals who support the work of the Barcelona City Council's Identification and Intervention Service for Unaccompanied Minors (SDI) by providing care to street children. For example, the content of the substance abuse treatment offered may be motivating, and discussions may take place with a substance abuse therapist or healthcare professional. In asylum centres, the operator (mainly the Danish Red Cross) is responsible for providing treatment, while it is the responsibility of the municipality to provide treatment to minors in private accommodation facilities.
Guardianship and child protection system
The child's care plan is constantly updated based on a best interests assessment. Based on the analysis, an individual care plan is drawn up, which includes, among other things, specific health, educational and exercise measures for the child. The aim of the Guardian Service is to act in the best interest of unaccompanied children and to ensure that their voice is heard in all matters that affect them.
Legal assistance
Estonia: Throughout 2019, the Estonian Human Rights Center (EHRC) provided free legal aid to unaccompanied minors. Lithuania: According to Lithuanian legislation147, unaccompanied minors are entitled to free legal aid from the state. In this regard, unaccompanied minors are provided with free legal representation and assistance, which includes the provision of legal information (in 30-60 minute meetings) before the first interview;.
Integration and participation in the community
Basque Country (Spain): In the Basque Country, institutional custody of unaccompanied minors is entrusted to regional administrations. In this context, since 2009, unaccompanied minors under the custody of the Provincial Council of Guipuzcoa have access to the "Izeba" program. For example, the pilot project "My Second Family" in Amersfoort matched 15 families with unaccompanied minors.
Transition to adulthood
Upon reaching majority of age, former unaccompanied minors continue to have access to education, economic, social, legal, and health services, as well as
At the individual level, it provides young people with educational, social, economic and housing support. The goal of the service is for young people to achieve full integration both in the labor market and in society autonomously, without the need for the intervention of specialized services. The program is aimed at young people between the ages of 15 and 19; but it can be extended up to the age of 24 for minors with greater social problems.
Final thoughts
Based on the information obtained and without a few examples, we can say that the individual assessment of unaccompanied minors. In relation to education, several positive experiences have been identified regarding the access of unaccompanied minors to compulsory education under the same conditions as citizens, regardless of their migrant status. However, the few cases identified show that more efforts are needed to ensure easy and equal access of unaccompanied minors to social services, including leisure activities and sports.
European Asylum Support Office (EASO) (2019), EASO Practical Guide on the best interests of the child in asylum procedures, EASO Practical Guides Series, Publications Office of the European Union, Luxembourg. 3 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No.
Bibliography
2019), Data on children in migration, Part 1: The basics, Publications Office of the European Union, Luxembourg. The intended outcome of the study is a guide to best practice for protection services for unaccompanied minors in Europe. These standards are grouped in the three sections of the document (Cross-cutting measures, First reception stage and Later reception stages).
Arrival at the host country
Unaccompanied minors are identified and registered as children through child-friendly procedures, indicating that they are unaccompanied children.182. Special attention will be paid to vulnerable groups, children with special protection needs or in situations of risk and additional information will be provided accordingly. Unaccompanied minors have access to family tracing and reunification procedures, regardless of their migration status.185.
Assignment to first reception centres
Prevention and response mechanisms for missing children (risk assessment, preparation of safety care plans, registration, etc.) in reception centers have been established. 190.
Age assessment
Unaccompanied minors are provided with information about available social services and assistance institutions (accommodation, health care, education, social support, legal guidance, etc.) in the event of their age of majority being determined.200.
Access to international protection
Detention
Data and records
Regarding issues related to the later stages of reception and integration processes in the host country, the following standards have been identified:
Housing and accommodation
Education
Support measures to overcome special educational barriers or gaps (eg due to language, culture, gender, experienced trauma or abuse, different school system or delayed schooling in countries of origin, etc.) are in place.217.
Healthcare
Guardianship and child protection system
Schools integrate the different cultural characteristics of unaccompanied minors into school life and respect cultural diversity215. There is a guardianship authority responsible for organizing and managing the functioning of the guardianship service (e.g. procedures, methods, guidelines and standards, codes of conduct, recruitment, qualifications, training, evaluation and supervision, etc.224). A care policy or protocol, guidelines on standards and documents describing the operation and operational rules of daily life for unaccompanied minors are present and accessible.225.
Legal assistance
Integration and participation in the community
There are possibilities to regulate the status of integrated unaccompanied migrants in the host country. 232.
Transition to adulthood
