|
Contents |
7 |
|
|
Abbreviations |
10 |
|
|
Introduction (Ralf Roßkopf) |
13 |
|
|
I. Lifeworlds of Unaccompanied Minors |
19 |
|
|
Unaccompanied Minors – Lifeworlds in the Spheres of Childhood and Seeking Refuge (Katharina Heilmann) |
21 |
|
|
1. The Term “Unaccompanied Minors” |
22 |
|
|
1.1 Definition according to the Convention on the Rights of the Child |
22 |
|
|
1.2 Refugee Child |
22 |
|
|
1.3 Unaccompanied Minors |
23 |
|
|
2. Politics |
24 |
|
|
2.1 The Current Special Status of Europe |
24 |
|
|
2.2 Unaccompanied Minors in Europe |
25 |
|
|
3. Reasons for Seeking Refuge |
26 |
|
|
3.1 The Decision to Seek Refuge and the Families of UM |
27 |
|
|
3.2 Escape Routes and Escape Aid |
27 |
|
|
4. Physical and Psychological Developments of UM |
28 |
|
|
4.1 The Phase of Adolescence |
28 |
|
|
4.2 Forced Migration as a Critical Life Event |
28 |
|
|
4.3 The Risk of Traumatization |
29 |
|
|
4.4 Effect on the Mental Development |
29 |
|
|
5. Social Environment and Pedagogic Supervision |
30 |
|
|
5.1 Adolescence between the Home and Host Country |
30 |
|
|
5.2 Autonomy and Independence |
31 |
|
|
5.3 Pedagogic Perspectives of Action |
31 |
|
|
5.4 Pedagogic Approach |
32 |
|
|
6. Synopsis: Challenges and Responsibility |
33 |
|
|
II.Unaccompanied Minors in International and European Law |
39 |
|
|
Unaccompanied Minors in International Law (Andrea Crescenzi) |
41 |
|
|
1. Introduction |
41 |
|
|
2. International Law on the Protection of Unaccompanied Minors |
42 |
|
|
2.1 The Principle of Non-discrimination |
45 |
|
|
2.2 The Principle of the Best Interest of the Child |
45 |
|
|
3. The International Law and the Protection of Unaccompanied Minors by the State |
47 |
|
|
3.1 Immediate Measures |
47 |
|
|
3.2 Durable Measures |
48 |
|
|
The Council of Europe and Unaccompanied Minors (Chiara Pelaia) |
51 |
|
|
1. Introduction |
51 |
|
|
2. The Rights-based Approach to the Issue of Unaccompanied Minors |
51 |
|
|
3. The Recommendations of the Parliamentary Assembly |
53 |
|
|
4. The Recommendation of the Committee of Ministers on Life Projects |
58 |
|
|
5. The Rights of Unaccompanied Minors in the Work of the Commissioner for Human Rights |
59 |
|
|
6. Concluding Remarks: the Added Value of the Documents of the Council of Europe |
61 |
|
|
Unaccompanied Minors in the Jurisprudence of the European Court of Human Rights (Réka Friedery) |
63 |
|
|
1. Introductory Remarks |
63 |
|
|
2. The Notion of Vulnerability in the Practice of the ECtHR |
65 |
|
|
3. The Principle of the Best Interest of the (Unaccompanied) Child |
69 |
|
|
4. Interim Measures of ECtHR |
75 |
|
|
5. Conclusion |
75 |
|
|
Unaccompanied Minors in EU Law (Nicola Colacino) |
77 |
|
|
1. Introduction |
77 |
|
|
2. The Relevant Legal Famework |
79 |
|
|
2.1 The Definition of Unaccompanied Minor or Children in EU Law |
79 |
|
|
2.2 EU Primary Law |
80 |
|
|
2.3 EU Legislation |
82 |
|
|
2.4 The Case Law of the EU Court of Justice |
99 |
|
|
2.5 The EU Policy Framework on Unaccompanied Minors and the Agencies Involved |
101 |
|
|
2.6 Concluding Remarks |
102 |
|
|
III. Unaccompanied Minors in National Law |
105 |
|
|
Unaccompanied Minors in Austria (Iris Gachowetz) |
107 |
|
|
1. Overall Situation |
107 |
|
|
2. Application of the Convention on the Rights of the Child |
108 |
|
|
3. Special Treatment as a Minor |
109 |
|
|
4. Age Determination |
111 |
|
|
5. Guardianship |
112 |
|
|
6. Residence Status (Aufenthaltsstatus) |
113 |
|
|
7. Asylum Procedure |
114 |
|
|
8. Accommodation |
115 |
|
|
9. Youth Services |
117 |
|
|
10. Livelihood Support Benefits |
118 |
|
|
11. Medical Treatment |
119 |
|
|
12. Schooling |
119 |
|
|
13. Work Permit |
120 |
|
|
14. Changes with Majority |
121 |
|
|
15. Conclusions for the National Situation |
122 |
|
|
Unaccompanied Minors in Canada (Simone Emmert) |
127 |
|
|
1. Canada – Overall Situation |
127 |
|
|
2. Application of the Convention on the Rights of the Child |
130 |
|
|
3. Special Treatment as a Minor |
133 |
|
|
4. Age Determination |
135 |
|
|
5. Guardianship |
136 |
|
|
6. Residence Status |
138 |
|
|
7. Asylum Procedure |
140 |
|
|
8. Accommodation |
143 |
|
|
9. Youth Services |
145 |
|
|
10. Livelihood Support Benefits |
145 |
|
|
11. Medical Treatment |
146 |
|
|
12. Schooling |
147 |
|
|
13. Work Permit |
148 |
|
|
14. Changes with Majority |
149 |
|
|
15. Conclusions for the National Situation |
149 |
|
|
Unaccompanied Minors in Germany (Anne Bick/Ralf Roßkopf) |
155 |
|
|
1. Overall Situation |
155 |
|
|
2. Application of the Convention on the Rights of the Child |
159 |
|
|
3. Special Treatment as a Minor |
161 |
|
|
4. Age Assessment |
165 |
|
|
5. Guardianship |
169 |
|
|
6. Residence Status |
172 |
|
|
7. Asylum Procedure |
179 |
|
|
8. Accommodation |
183 |
|
|
9. Youth Welfare Services |
184 |
|
|
10. Livelihood Support Benefits |
187 |
|
|
11. Medical Treatment |
188 |
|
|
12. Schooling |
189 |
|
|
13. Work Permit |
190 |
|
|
14. Changes with Majority |
191 |
|
|
15. Conclusions for the National Situation |
194 |
|
|
Unaccompanied Minors in Hungary (Zsófia Bende/Réka Friedery) |
203 |
|
|
1. Overall Situation |
203 |
|
|
2. Application of the Convention on the Rights of the Child |
204 |
|
|
3. Special Treatment as a Minor |
206 |
|
|
4. Age Determination |
206 |
|
|
5. Guardianship |
208 |
|
|
6. Residence Status |
209 |
|
|
7. Asylum Procedure |
210 |
|
|
8. Accommodation |
211 |
|
|
9. Livelihood Support B enefits |
213 |
|
|
10. Medical Treatment |
216 |
|
|
11. Schooling |
217 |
|
|
12. Work Permit |
218 |
|
|
13. Changes with Majority |
219 |
|
|
14. Conclusions for the National Situation |
221 |
|
|
Unaccompanied Minors in Italy (Luigino Manca/Gianfranco Gabriele Nucera) |
223 |
|
|
1. Introductory Remarks |
223 |
|
|
2. Application of the Convention on the Rights of the Child |
227 |
|
|
3. Special Treatment as a Minor |
229 |
|
|
4. Age Determination |
230 |
|
|
5. Guardianship |
231 |
|
|
6. Residence Status |
234 |
|
|
7. Asylum Procedure |
235 |
|
|
8. Accommodation |
238 |
|
|
9. Youth Services |
239 |
|
|
10. Livelihood Support Benefits |
240 |
|
|
11. Medical Treatment |
240 |
|
|
12. Schooling |
242 |
|
|
13. Work Permit |
243 |
|
|
14. Changes with Majority |
244 |
|
|
15. Conclusions on the National Situation |
246 |
|
|
Unaccompanied Minors in Poland (Andrzej Sakson) |
251 |
|
|
1. Overall Situation |
251 |
|
|
2. Application of the Convention on the Rights of the Child |
253 |
|
|
3. Special Treatment as a Minor |
254 |
|
|
4. Age Determination |
255 |
|
|
5. Guardianship |
255 |
|
|
6. Residence Status |
255 |
|
|
7. Asylum Procedure |
256 |
|
|
8. Accommodation |
257 |
|
|
9. Youth Services |
259 |
|
|
10. Medical Treatment |
259 |
|
|
11. Schooling |
260 |
|
|
12. Work Permit |
261 |
|
|
13. Conclusions for the National Situation |
261 |
|
|
Unaccompanied Minors in the United States of America |
263 |
|
|
1. Overall Situation |
263 |
|
|
2. Application of the Convention on the Rights of the Child |
263 |
|
|
3. Special Treatment as a Minor |
266 |
|
|
4. Age Determination |
267 |
|
|
5. Guardianship |
268 |
|
|
6. Residence Status |
269 |
|
|
7. Asylum Procedure |
269 |
|
|
8. Accommodation |
270 |
|
|
9. Youth Services |
271 |
|
|
10. Livelihood Support Benefits |
271 |
|
|
11. Medical Treatment |
272 |
|
|
12. Schooling |
272 |
|
|
13. Work Permit |
273 |
|
|
14. Changes with Majority |
273 |
|
|
15. Conclusions for the National Situation |
274 |
|
|
Conclusions (Ralf Roßkopf) |
277 |
|
|
List of Contributors |
280 |
|