Book contents
- Frontmatter
- Preface: Children on the Move are Children in the First Place
- Contents
- List of Cases
- List of Authors
- Protection of Minors in European Migration Law
- Participation of Children in Asylum Procedures
- Unaccompanied Asylum-Seeking Children as Rights Holders: Theory and Reality in the EU Legal System
- The Rights of Minor Siblings in Migration: Why Migration Policies should Stop Systematically Separating Siblings
- The (Limited) Role of Children’s Rights in EU Family Reunification Law for Beneficiaries of International Protection
- Combatting Child Smuggling and Trafficking: A Comparative Study of the Situation in Nine European States
- Is Immigration Detention Out of the Question? A Child-Based Approach to Immigration Detention and Family Unity
- The Detention of Unaccompanied Minors in EU Asylum Law: What is Left of Children’s Rights?
- How Protective is Custody for Unaccompanied Minors in Greece? Protecting Children’s Rights within Detention
- Appellate Asylum and Migration Proceedings in Belgium: Challenges for the Best Interests of the Child Principle and Unity of Jurisprudence
- Child Asylum Seekers in Botswana: A Critique of the Ngezi and Iragi Decisions
- The Impact of Brexit on Migrant Children’s Rights: Taking Responsibility without Solidarity
- Index
- About the Editors
Participation of Children in Asylum Procedures
Published online by Cambridge University Press: 30 April 2020
- Frontmatter
- Preface: Children on the Move are Children in the First Place
- Contents
- List of Cases
- List of Authors
- Protection of Minors in European Migration Law
- Participation of Children in Asylum Procedures
- Unaccompanied Asylum-Seeking Children as Rights Holders: Theory and Reality in the EU Legal System
- The Rights of Minor Siblings in Migration: Why Migration Policies should Stop Systematically Separating Siblings
- The (Limited) Role of Children’s Rights in EU Family Reunification Law for Beneficiaries of International Protection
- Combatting Child Smuggling and Trafficking: A Comparative Study of the Situation in Nine European States
- Is Immigration Detention Out of the Question? A Child-Based Approach to Immigration Detention and Family Unity
- The Detention of Unaccompanied Minors in EU Asylum Law: What is Left of Children’s Rights?
- How Protective is Custody for Unaccompanied Minors in Greece? Protecting Children’s Rights within Detention
- Appellate Asylum and Migration Proceedings in Belgium: Challenges for the Best Interests of the Child Principle and Unity of Jurisprudence
- Child Asylum Seekers in Botswana: A Critique of the Ngezi and Iragi Decisions
- The Impact of Brexit on Migrant Children’s Rights: Taking Responsibility without Solidarity
- Index
- About the Editors
Summary
INTRODUCTION
It can be argued that refugee and migrant childrenare one of the most vulnerable groups in society, having experienced a dangerous journey, traumatic events in their home country and on the road and often lacking access to essential necessities, such as food, shelter, medical aid and a healthy and stimulating environment for growing up. Once having arrived in the host country, children are often not recognised and respected as individual rights holders and as active agents in the asylum application process. Thorburn Stern notes, however, that these children are mostly first considered as migrants, who pose risks to society, rather than vulnerable children who are exposed to risks themselves. Therefore, the vulnerability and precarious situation of refugee and migrant children calls for a strong legal position in asylum procedures. Effective participation in asylum procedures – based on child-friendly and age-appropriate communication and adapted procedures – can strengthen the legal position of refugee children.
Within the larger group of refugee and migrant children, subgroups can be identified of unaccompanied, separated and accompanied children. The UN Committee on the Rights of the Child (CRC Committee) has defined unaccompanied children as ‘children, as defined in article 1 of the Convention, who have been separated from both parents and other relatives and are not being cared for by an adult who, by law or custom, is responsible for doing so’. The CRC Committee defines separated children as: ‘children, as defined in article 1 of the Convention, who have been separated from both parents, or from their previous legal or customary primary caregiver, but not necessarily from other relatives. These may, therefore, include children accompanied by other adult family members.’ The third group of refugee children arrives with their separated as well as accompanied children are part of the analysis. First, the right to participation will be regarded from an international legal perspective, discussing this right first for children in general and second specifically relating to refugee and migrant children. Three related rights will be highlighted, i.e. the right to be heard, the right to information and the right to (legal) representation.
- Type
- Chapter
- Information
- Safeguarding Children's Rights in Immigration Law , pp. 17 - 40Publisher: IntersentiaPrint publication year: 2020