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Mainstreaming Child’s Rights in the EU Policy Area of Asylum and Migration

Mainstreaming Child’s Rights in the EU Policy Area of Asylum and Migration. Rebecca O’Donnell Euronet Seminar October 9, 2007. Mainstreaming Child Rights in Asylum and Migration. How should the core child rights under the UN CRC inform EU action in the field?

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Mainstreaming Child’s Rights in the EU Policy Area of Asylum and Migration

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  1. Mainstreaming Child’s Rights in the EU Policy Area of Asylum and Migration Rebecca O’Donnell Euronet Seminar October 9, 2007

  2. Mainstreaming Child Rights in Asylum and Migration • How should the core child rights under the UN CRC inform EU action in the field? • What has been achieved at EU level to date and what needs to happen next?

  3. Key Themes • To date States have dealt with immigration issues first and child rights’ issues second • EU must change this, through the way in which the design of EU laws shape national laws • Diverse forms of EU action may be necessary • EU must foster solidarity between Member States to meet their international obligations

  4. The Core UN CRC Rights • Non discrimination • Best interests of the child should be a primary consideration in all actions in their regard • Children have the right to be heard • Children have the right to life and development Separated children are entitled to special protection and assistance

  5. The significant impact of non-discrimination in relation to migration “ The enjoyment of the rights stipulated in the Convention is not limited to children who are citizens of a State party and must therefore, if not explicitly stated otherwise in the Convention, also be available to all children – including asylum-seeking, refugee and migrant children, irrespective of their nationality, immigration status or statelessness” (CRC)

  6. Pursuing the Best Interests of the Migrant Child in All Actions • “Non-rights bases arguments such as those relating to general migration control cannot override best interests considerations [as regards returns]” CRC • The crucial moments in the development of a child must be safeguarded whatever his immigration status

  7. EU measures to date • Frequently establish minimum standards that are too general to provide meaningful protection to children • Member States sometimes have the discretion to opt in or out of certain standards • Starting point is the underlying migration or asylum policy rather than the rights of the child

  8. An example of EU action • No obligation to exempt children from special asylum procedures (e.g. expedited border procedures) • No obligation to provide children with adequate information/legal representation • No detailed rules concerning child friendly procedures • No clear treatment of the views of the child

  9. Strategic Issues • Putting in place higher detailed standards • Should there be a single EU measure for separated children, regardless of whether they are asylum seekers, economic migrants or trafficked persons • Regional Funding? • Better modes of regional cooperation, eg. broader opportunities for family reunification in other Member States?

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