EUROPE: State Obligations for the Treatment of Unaccompanied Children
The European Network of Ombudsmen for Children (ENOC) has released its latest statement on governments' obligations for the treatment of unaccompanied and separated children coming into European countries.
ENOC drafted this statement at its last annual meeting in Athens, in September 2006 as Europe has recently seen a growing number of children being forced by various reasons or circumstances to move from their country of origin. Regardless of the reasons why these children are arriving, most countries have shortcomings both in legislation and in administrative practices when dealing with children.
In this statement, ENOC has summarised the principles that its members believe must be respected and included in national and international legal instruments, administrative practices and services. These principles are mainly based on the Convention on the Rights of the Child, with a specific reference to Article 2 on non-discrimination.
In summary, the principles include:
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Unaccompanied children should not be prosecuted or detained for illegal entry into the country
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Rules, instruments and administrative systems for identification of the child should be in place
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Age assessment should only take place in cases of serious doubt
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Interviews should be undertaken by staff who are fully trained and instructed to respect international children’s rights standards
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While in the hands of public authorities, children should be fully informed of their rights
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Children have the to right to express their views in all matters affecting them
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Children should have access to free interpreters and specialised legal advisers throughout the process
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Children should have access to a credible procedure for appeal against decisions
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Children should be referred to the relevant judicial or other competent authority immediately after arrival and a skilled guardian should be appointed
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Unaccompanied children should never be expelled or deported. Voluntary repatriation should be sought if this is in the best interest of the child
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International cooperation should assist quick and efficient family tracing and social investigation of the child’s background
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Long term residence permits and integration should be provided when children are not repatriated
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Once they have arrived, children should have access to education, vocational training and health provisions
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Personnel dealing with children should be properly trained and informed to respect children’s rights
Read the full Statement in html or in Word format.
ENOC consists of Independent Children’s Rights Institutions active in member states of the Council of Europe. The aims of the network are to promote and safeguard children's rights, to work on strategies for the fullest possible implementation of the Convention on the Rights of the Child and to act as a collective voice advocating for Europe’s children.
Please note that these reports are hosted by CRIN as a resource for Child Rights campaigners, researchers and other interested parties. Unless otherwise stated, they are not the work of CRIN and their inclusion in our database does not necessarily signify endorsement or agreement with their content by CRIN.
