Presentation on theme: "Mainstreaming Childs Rights in the EU Policy Area of Asylum and Migration Rebecca ODonnell Euronet Seminar October 9, 2007."— Presentation transcript:
Mainstreaming Childs Rights in the EU Policy Area of Asylum and Migration Rebecca ODonnell 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? What has been achieved at EU level to date and what needs to happen next?
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
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
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)
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
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
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
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?