fra research fundamental rights of children in the context of migration in eu (separated, asylum...
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FRA Research
Fundamental Rights of children in the context of migration in EU
(Separated, asylum seeking children and children in irregular situation )
Georgia Dimitropoulou
Article 2 – Objective: WHAT?
• Provide institutions, bodies, offices, and agencies of EU and its MSs with “assistance and expertise” in order to support them to “fully respect fundamental rights”
Article 4 – Tasks: HOW? • Collection and analysis of comparable data• Reports, conclusions, opinions• Promotion of dialogue with civil society organizations
and raising awareness of fundamental rights
Article 3 – Scope: WHERE?
• Within Community law as laid down in Treaty on the Functioning of the EU
• Fundamental rights as defined in Article 6(2) TEU• In EU and its MS where they are implementing EU law
FRA’s Mandate:Council Reg. 168/2007 15 Feb 2007
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MAF: Multi-annual Framework (2013-2017)
9 Thematic Areas The Rights of the Child Immigration and integration of migrants , visa and border
control , and asylum Access to justice Discrimination based on all grounds, including multiple
discrimination Racism , xenophobia and related intolerance Victims of crime, including compensation to victims Information society and, in particular, respect for private life and
protection of personal data Roma integration Judicial cooperation, except in criminal matters
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Children on the move «Children on the move is an umbrella definition for persons under the age of 18 who have left their place of habitual residence and are either on the way towards a new destination, or have already reached such destination. Children can move across State borders or within countries and their movement can be of a seasonal or more permanent nature. Movement of children can be voluntary or forced; they can be accompanied by parents, peers or others, or not, and can be children who are, for example: internally displaced persons, asylum seekers and refugees, immigrants or trafficked persons»
Global Movements for Children, International conference :”Protecting and supporting children on the move” executive summary, October 2010, Barcelona
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FRA’s research Child trafficking in EU, challenges
perspectives and good practices ( 2009) Separared, asylum seeking children in EU
(2010) Fundamental Rights of irregular immigrants
in EU (2011)
On going research on the situation in the borders of EU ( see , airport zones, land)
Report: «Fundamental rights at Europe's southern sea boarders» published by FRA in 2013
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Research Findings on Fundamental Rights
Access to Housing – Appropriate accomodation
Access to Health
Acess to Education
Detention of children as measure of the last resort
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Access to HOUSING – adequate ACCOMODATION
Punishment for renting shelter to irregular migrants
Landlords who renta flat to migrants in an irregular
situation are punished,Migrants ( including children- accompanied or not) will have
difficulties in finding a place to stayand may end up in exploitative housing conditions- homeless
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Accomodationof separated children provided by state
Initial Reception Centres (unsatisfactory living conditions , lack of quality standards)
Types of accomodation:
Negative: detention facilities, closed accommodation facilities, hotels and hostels, mixed housing of children and unrelated adults
Positive: small-scale preferred to large scale, foster care and semi-autonomous living preferred for younger children and children over 16 respectively
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Accomodationof separated children provided by state
Overcrowding – lack of privacy
Inadequate sanitary conditions
Lack or limited access to Leisure Activities
Cultural aspects are neglected not taken into
consideration (i.e. food, religion )
Isolated Location
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€
P€
Dark green: All family members entitled to healthcare beyond emergency careMedium green: Only children have access to healthcare beyond emergency careLight green: Access to healthcare for children beyond emergency care under certain conditions.Orange: Children and their families entitled only to emergency healthcare.
Access to healthcare for children and their families
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Obstacles
Unclear rules for provision of service to migrants in an irregular situation (costs and complicated reimbursements)
Both health care staff as well as migrants lack information and awareness on health care entitlements
Detection practices and reporting obligations (real or perceived)
Quality and continuity of care
Acess to health for children and families in irregular situation
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Health Care.
Problems identified
Lack of adequate medical screening and health assessment upon arrival in some MS or no assessment at all
Cases of denial of specialist medical treatment Need for better psychological support Interpretation often not adequate Some girls noted they would prefer female doctors, but
this wish could not always be accommodated
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Access to education for undocumented children - national legislation
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Access education
Obstacles
Documentation for enrolment
Detection and reporting obligations
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Education
In most MS efforts to place children in main stream education (althgouth for children placed in large accommodation centers this often not the case)
Difficulties in mainstream school enrolment frequent In some reception centers education mainly consisting
of language courses, and children asking for more hours
Lack of sufficient and child-friendly information about educational options
Limited acess to vocational training
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Detention “..shall be used only as a measure of last resort, for the shortest
appropriate period of time…” (CRC, Article 37 )
Children are frequently detained while awaiting age assessment procedure, waiting for accommodation arrangements , in the context of return ( alone all with family members-accompanying persons)
Length of detention varies from couple of days to several months
In some MS children systematically detained upon arrival until their age is established while guardians and/or legal representatives are appointed only after the age assessment
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Detention No legal advice or any form of counselling is available
during detention No information is provided by authorities during
detention - Not easy for children to understand why they are ‘locked up’ if they have not committed a crime
Detained conditions very frequently are not adequate - Children are detained , in many occasions , along with adults
- In some MS children claimed they had experienced verbal and physical abuse during detention
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Detention of children – Return Directive
Children detained as a measure of last resort and shortest appropriate time (Art. 17)
Primary consideration to the best interest of the child (Recital 22)
→ Use of alternatives for detention of families
→ If detention of parents to secure removal is necessary, the child’s best interest should decide; but under no circumstance accommodation with adults
Detention
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ConsiderationsDetention
Children should never being detained for reasons related to their residence status , or their lack of it or their conditions of their entry into an EU Member State
Principle of best interest should always be taken into consideration
When detention applies, then should be under same conditions and safeguards as for children having citizenship of the state
Detention
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Alternatives in national legislation, EU 27
FRA 2010
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Alternatives to detention are: Obligation to surrender passport or travel
documents Residence restrictions Release on bail and provision of sureties by
third parties Regular reporting requirements to the
authorities Release to case worker support Electronic monitoring
Detention
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Considerations – Access to rights
Policing public service providers impede access to fundamental rights
Systematic apprehension of migrants in an irregular situation at or near service providers
Service providers’ obligation to report migrants with suspected legal status to authorities
Data exchange between service providers and immigration and other authorities; practices vary
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Practical guidance – “dos and don’ts”: “Apprehension of migrants in an irregular situation –fundamental rights considerations”
Irregular migrants should not be apprehended at or near to schools, hospitals,religious establishments , civil registries and should be able to report crime to the police
Data exchanges between these and immigration law enforcement authorities should not be required and reporting duties should be removed
Other interests than fundamental rights: Public health, crime prevention, promotion of voluntary return
Birth registration of children should be allowed – issue of birth certification
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Considerations Housing
The implementation of the Facilitation Directive The directive provides for the possibility not to
sanction humanitarian action – Member States should consider renting accommodation to migrants in an irregular situation as humanitarian assistance (Article 2) and not as facilitation of irregular stay!
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Considerations Separated children
Prompt appointment of legal guardian and /or legal representative
Strengthening guardianship systems and legal representation/ legal aid
Adequate Information in a child friendly manner Adequate accommodation on the basis of an
individual need assessment , in accordance with the best interest of the child
Care – quality standards
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Considerations Separated children
Health assessment upon arrival /identification Access to health care , without discrimination /
irrespective of their legal status Access to education ( adequate resources for special
educational support -language training) Acess to vocational trainning Never detained on the ground of the residence status
or lack of it Monitoring procedures – quality control – complaint
mechanisms
