The protection of the rights and special needs of irregular immigrant minors and asylum seeking children

Summary:

The main focus of this paper is on unaccompanied minors who are seeking asylum or who have otherwise arrived irregularly in a Member State. However, reference is also made to children in these circumstances accompanied by one or both parents or other relatives.

Unaccompanied minors are defined as ‘third-country nationals below the age of eighteen, who arrive on the territory of the Member States unaccompanied by an adult responsible for them whether by law or custom, and for as long as they are not effectively in the care of such a person’.

This paper identifies key policy challenges that need to be addressed when considering the rights and special needs of irregular immigrant minors and asylum seeking children in the EU. These relate to issues of data collection; reception conditions; protection under the law; structural responsibilities, including the allocation of responsibilities at central and local government levels; issues of health; education; and return/repatriation policies.

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