This master thesis investigates how unaccompanied children in the European Union (EU) experience one part of the reception system - the social workers - in the context of their everyday life. Due to the globalisation, migration increased. Unaccompanied minors become a problem these days. The vulnerabilities and special needs of this group of children have to be assessed yet. However, unaccompanied minors constitute the most vulnerable group among all migrants and face the most serious violation of human rights when they are not treated with dignity.
Among their procedural safeguards, the rights to have legal assistances is a fundamental right that is strictly related to the realisation of other rights which are contained in the CRC. The purpose of this thesis is to assess the legal foundation for the rights of naccompanied children, to be granted with the legal assistances under national and International law. Also, the purpose is to examine the current legal frameworks regarding their best interests and procedural safeguards. While analysing national and international systems, we can stress that EU law is relatively limited with regard to protection and realising minors' rights.
The research takes a thorough a look at the EU directives and International treaties, jurisprudence from the European Court of Human Rights (ECtHR) and the Court of Justice of the European Union (CJEU). Also, there is an analysis of existing legal frameworks regarding the protection of human rights. This thesis underlines the problems of getting legal professionals with regard to getting special protection and the necessity of establishing specific regional standards.
Klíčová slova
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Klíčová slova v angličtině
Unaccompanied minors, human rights, asylum procedure, procedural safeguards, best interests, guardianship, procedural rights, international protection.
Rozsah průvodní práce
63 p. (136 176 characters)
Jazyk
AN
Anotace
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Anotace v angličtině
This master thesis investigates how unaccompanied children in the European Union (EU) experience one part of the reception system - the social workers - in the context of their everyday life. Due to the globalisation, migration increased. Unaccompanied minors become a problem these days. The vulnerabilities and special needs of this group of children have to be assessed yet. However, unaccompanied minors constitute the most vulnerable group among all migrants and face the most serious violation of human rights when they are not treated with dignity.
Among their procedural safeguards, the rights to have legal assistances is a fundamental right that is strictly related to the realisation of other rights which are contained in the CRC. The purpose of this thesis is to assess the legal foundation for the rights of naccompanied children, to be granted with the legal assistances under national and International law. Also, the purpose is to examine the current legal frameworks regarding their best interests and procedural safeguards. While analysing national and international systems, we can stress that EU law is relatively limited with regard to protection and realising minors' rights.
The research takes a thorough a look at the EU directives and International treaties, jurisprudence from the European Court of Human Rights (ECtHR) and the Court of Justice of the European Union (CJEU). Also, there is an analysis of existing legal frameworks regarding the protection of human rights. This thesis underlines the problems of getting legal professionals with regard to getting special protection and the necessity of establishing specific regional standards.
Klíčová slova
-
Klíčová slova v angličtině
Unaccompanied minors, human rights, asylum procedure, procedural safeguards, best interests, guardianship, procedural rights, international protection.
Zásady pro vypracování
The research first and foremost aims at reading and analysis examples about practices in Council of Europe Member States concerning the situation of unaccompanied migrant children. When they reach the age of majority, and also among other things how Europe cope with the challenges and how that each country has encountered by this category as a result of this critical change of legal regime. The present study first and foremost focused on the difficulties encountered by the separated and unaccompanied child in the safeguards procedure and the reception system after when they lost their specific guarantees and they started to enjoy as Unaccompanied and Separated Children (UASC). Nevertheless, the field of the current study gathered some case law and restimonies about unaccompanied migrant children and also their protection when they are turning 18 years old.
Zásady pro vypracování
The research first and foremost aims at reading and analysis examples about practices in Council of Europe Member States concerning the situation of unaccompanied migrant children. When they reach the age of majority, and also among other things how Europe cope with the challenges and how that each country has encountered by this category as a result of this critical change of legal regime. The present study first and foremost focused on the difficulties encountered by the separated and unaccompanied child in the safeguards procedure and the reception system after when they lost their specific guarantees and they started to enjoy as Unaccompanied and Separated Children (UASC). Nevertheless, the field of the current study gathered some case law and restimonies about unaccompanied migrant children and also their protection when they are turning 18 years old.
Seznam doporučené literatury
Council of Europe Commissioner for Human Rights, Human Rights Comment ?Restrictive laws prevent families from reuniting? www.coe.int/en/web/commissioner/blog2011/-/asset_publisher/xZ32OPEoxOkq/content/restrictive-laws-prevent-families-from-reuniti-1
UNHCR, ?Note on the integration of refugees in the European Union? www.unhcr.org/463b462c4.pdf
HRC, CCPR General Comment No. 15 adopted on 11 April 1986
UNCRC, General Comment No 6: Treatment of unaccompanied and separated children outside their country of origin, 39th Session, UN Doc CRC/GC/2005/6 (2005)
UNHCR, ?Final Act of the United Nations Conference of Plenipotentiaries on the Status of Refugees and Stateless Persons?, A/CONF.2/108/Rev.1 (25 July 1951).
European Committee of Social Rights (ECSR) https://www.coe.int/en/web/european-social-charter/european-committee-of-social-rights
Children and International Human Rights Law. The Right of the Child to be Heard. Aisling Parkes
European Asylum Law and the Rights of the Child. Ciara Smyth
The Child in International Refugee Law. Jason M. Pobjoy
Unaccompanied Children in European Migration and Asylum Practice. In Whose Best Interests? Mateja Sedmak, Birgit Sauer and Barbara Gornik
Litigating the Rights of the Child. The UN convention on the Rights of the Child in Domestic and International Jurisprudence. Ton Liefaard. Jaap E. Doek
Council of Europe Commissioner for Human Rights, ?3rd quarterly activity report?
Council of Europe Commissioner for Human Rights, Human Rights Comment ?Restrictive laws prevent families from reuniting? www.coe.int/en/web/commissioner/blog2011/-/asset_publisher/xZ32OPEoxOkq/content/restrictive-laws-prevent-families-from-reuniti-1
Red Cross
Seznam doporučené literatury
Council of Europe Commissioner for Human Rights, Human Rights Comment ?Restrictive laws prevent families from reuniting? www.coe.int/en/web/commissioner/blog2011/-/asset_publisher/xZ32OPEoxOkq/content/restrictive-laws-prevent-families-from-reuniti-1
UNHCR, ?Note on the integration of refugees in the European Union? www.unhcr.org/463b462c4.pdf
HRC, CCPR General Comment No. 15 adopted on 11 April 1986
UNCRC, General Comment No 6: Treatment of unaccompanied and separated children outside their country of origin, 39th Session, UN Doc CRC/GC/2005/6 (2005)
UNHCR, ?Final Act of the United Nations Conference of Plenipotentiaries on the Status of Refugees and Stateless Persons?, A/CONF.2/108/Rev.1 (25 July 1951).
European Committee of Social Rights (ECSR) https://www.coe.int/en/web/european-social-charter/european-committee-of-social-rights
Children and International Human Rights Law. The Right of the Child to be Heard. Aisling Parkes
European Asylum Law and the Rights of the Child. Ciara Smyth
The Child in International Refugee Law. Jason M. Pobjoy
Unaccompanied Children in European Migration and Asylum Practice. In Whose Best Interests? Mateja Sedmak, Birgit Sauer and Barbara Gornik
Litigating the Rights of the Child. The UN convention on the Rights of the Child in Domestic and International Jurisprudence. Ton Liefaard. Jaap E. Doek
Council of Europe Commissioner for Human Rights, ?3rd quarterly activity report?
Council of Europe Commissioner for Human Rights, Human Rights Comment ?Restrictive laws prevent families from reuniting? www.coe.int/en/web/commissioner/blog2011/-/asset_publisher/xZ32OPEoxOkq/content/restrictive-laws-prevent-families-from-reuniti-1