COMMISSION STAFF WORKING DOCUMENT on the implementation of the Action Plan on Unaccompanied Minors Accompanying the document Report from the Commission to the Council and the European Parliament Mid-term report on the implementation of the Action Plan on Unaccompanied Minors
Date: 2012-09-28
Institutions: European Commission
Subjects: child protection, children's rights, development aid, illegal migration, return migration, right to justice, third country, trafficking in human beings, young person

EUROPEAN 
COMMISSION 

Brussels, 28.9.2012  
SWD(2012) 281 final 

COMMISSION STAFF WORKING DOCUMENT 

on the implementation of the Action Plan on Unaccompanied Minors 

Accompanying the document 

Report from the Commission to the Council and the European Parliament 

Mid-term report on the implementation of the Action Plan on Unaccompanied Minors 

{COM(2012) 554 final} 

EN 

   EN 

 
 
 
 
  
 
TABLE OF CONTENTS 

I. INTRODUCTION ........................................................................................................... 3 
II. . DATA COLLECTION................................................................................................. 3 
II.1. Actions at the EU level............................................................................................ 3 
II.2. Actions in EU Member States................................................................................. 8 
III. PREVENTION OF UNSAFE MIGRATION AND TRAFFICKING........................ 13 
III.1. Prevention ............................................................................................................ 14 
III. 2. Protection Programmes in third countries........................................................... 20 
III. 3. Actions in EU Member States............................................................................. 22 
IV. RECEPTION AND PROCEDURAL GUARANTEES ............................................. 28 
IV.1 Procedures at first encounter and standards of protection .................................... 28 
IV. 1.1. Asylum......................................................................................................... 28 
IV.1.2.Trafficking ..................................................................................................... 30 
IV. 1.3. Sexual exploitation of children.................................................................... 34 
IV.1.4. Actions in other areas ................................................................................... 34 
IV.2. Actions in EU Member States ............................................................................. 43 
IV. 3.  Age assessment and family tracing.................................................................... 50 
IV.3.1. Actions at the EU level ................................................................................. 50 
IV.3.2. Actions in EU Member States ...................................................................... 50 
V. DURABLE SOLUTIONS............................................................................................ 50 
V.1 Return and reintegration in the country of origin .................................................. 50 
V. 1.1. Actions at the EU level ................................................................................. 50 
V.1.2. Actions in EU Member States........................................................................ 50 
V.2 International protection status, other legal status and integration of UAMs ......... 50 
V.2.1. Actions at the EU level .................................................................................. 50 
V.2.2. Actions in EU Member States........................................................................ 50 
V.3. Resettlement.......................................................................................................... 50 
V.3.1. Actions at the EU level .................................................................................. 50 

2

 
 
 
 
 
I. INTRODUCTION  

This  Commission  Staff  Working  Document  accompanies  the  Report  from  the 
Commission1.  It  provides  a  description  of  actions  carried  out  at  the  EU  and  national 
levels  in  view  of  the  implementation  of  the  Action  Plan  on  Unaccompanied  Minors 
(2010-2014) 2 and  the  Council  Conclusions  on  unaccompanied  minors 3 between  May 
2010 and June 2012. The Document is based on information provided by the European 
Commission, European External Actions Service (EEAS), the EU Agencies – European 
Asylum Support Office (EASO), Fundamental Rights Agency (FRA) and Frontex – and 
24 Member States4.  

The  structure  of  the  document  follows  the  structure  of  the  Action  Plan  on 
Unaccompanied Minors and, where relevant, adds additional actions listed in the Council 
Conclusions. Each section starts with the description of the developments at the EU level, 
followed  by  an  account  of  the  developments  which  have  taken  place  in  EU  Member 
States.  

II. . DATA COLLECTION 

II.1. Actions at the EU level  

The Commission will propose that Member States use the full potential of current 
and additional disaggregation's of the Statistics Regulation to gather comprehensive 
data  on  unaccompanied  minors.  If  this  does  not  reach  its  objectives,  the  required 
information  should  be  collected  directly  from  the  administrations  in  the  Member 
States. 

The  shortcomings  concerning  the  limited  statistical  data  on  unaccompanied  minors  were 
addressed in the context of the revision of the Guidelines for data collection under Article 6 
of  the  Migration  Statistics  Regulation  862/2007.  The  revised  Guidelines,  finalised  on  11 
January  2011,  will  enable  Eurostat  to  collect  data  on  an  additional  category  of  permits, 
namely residence permits issued to unaccompanied minors others than these applying for 
asylum5.   

1  
2  
3  

4  

5  

COM(2012) 554 final. 
COM(2010) 213 final. 
Council  Conclusions  on  unaccompanied  minors,  3018th  Justice  and  Home  Affairs  Council 
meeting, Luxembourg, 3 June 2010. 
AT, BE, BG, CY, CZ, DE, EE, EL, ES, FI, FR, HU, IE, IT, LT, MT, NL, PL, PT, RO, SE, SI, SK 
UK 
This category shall not include unaccompanied minors granted residence permit who are a subject 
of an asylum application or received refugee/subsidiary protection or who were granted residence 
permit for victims in trafficking in human beings. 

3

 
 
 
 
 
 
 
 
 
                                                 
 
The data collected are used to build up comprehensive statistics on unaccompanied minors 
arriving to EU. These statistics are further used to create risk analyses and indicators. The 
suggested actions do not aim at collecting personal data in order to follow individual cases. 
Furthermore,  it  has  to  be  clarified  that  all  personal  data  has  to  be  rendered  anonymous 
before processing it for statistical purposes. 

The category 'unaccompanied minors (non-asylum related)' concerns first residence permits 
issued  to  minors  considered  to  be  unaccompanied  as  defined  in  Article  2(i)  of  Directive 
2004/83/EC.6 This  category  does  not  include  unaccompanied  minors  granted  residence 
permits  who  are  the  subject  of  an  asylum  application,  received  refugee/subsidiary 
protection  or  who  were  granted  a  residence  permit  for  victims  of  trafficking  in  human 
beings. Information on such unaccompanied minors will continue to be collected under the 
respective  categories,  that  is,  'refugee  status  and  subsidiary  protection',  or  'victims  of 
trafficking in human beings' (although data on unaccompanied minors are aggregated with 
data on other persons granted such permit i.e. accompanied minors and adults). Data will 
be  collected  annually  and  will  be  released  by  September  each  year.  The  first  reference 
period was 2010 and the data for this reference year are available since September 2011.  

In autumn 2011, the Commission has begun to collect data from all MS on trafficking in 
human beings on the basis of a list of indicators devised by the Commission.  

The 2012-13 data collection exercise on children's involvement in administrative, civil and 
criminal judicial proceedings will also include data on unaccompanied minors. Results for 
criminal  judicial  proceedings  should  be  available  around  mid-2013  with  results  for  civil 
and administrative justice due in 2014. The study will also provide a contextual narrative 
overview for each Member State. Within an implementation of a pilot project supported by 
the European Parliament, the Commission will carry out a study to collect EU-wide data on 
children’s  involvement  in  criminal,  civil  and  administrative  judicial  proceedings.  In  this 
context, the Commission will also gather statistics based on relevant indicators and provide 
a  narrative  overview  on  unaccompanied  minors'  involvement  in  administrative  judicial 
proceedings  in  the  EU  based  on  the  provisions  of  the  Council  of  Europe  Guidelines  on 
child-friendly justice. 

The EU and its Member States should use existing agencies and networks to improve 
data  collection  and  the  exchange  of  information  on  unaccompanied  minors,  by 
significantly  improving  the  exchange  of  information  between  Member  States  in  the 
framework of European Migration Network and European Asylum Support Office. 

6  

In accordance with Article 2(i), 'Unaccompanied minors' means third-country nationals or stateless 
persons below the age of 18, who arrive on the territory of the Member States unaccompanied by 
an adult responsible for them whether by law or custom, and for as long as they are not effectively 
taken into the care of such a person; it includes minors who are left unaccompanied after they have 
entered the territory of the Member States'. 

4

 
 
 
 
                                                 
•  European Migration Network Work Programme 2011 and 20127 

The  European  Migration  Network  (EMN)  should  continue  to  have  a  role  in  the 
implementation of the Action Plan on Unaccompanied Minors, principally in contributing 
to  improving  the  analysis  and  exchange  of  relevant  information  on  unaccompanied 
minors arriving on EU territory. 

The EMN work programme mentioned that the EMN may undertake relevant activities, 
such  as  contributing 
the  comprehensiveness  of  data  concerning 
unaccompanied  minors  on  age  assessment,  on  unaccompanied  minors  in  care  and  on 
exchange of best practices. This may involve collating available studies on these topics. 
These activities shall be limited to "desk research" and/or ad-hoc queries.  

improving 

to 

In the first quarter of 2012, at the request of the Swedish National Contact Point of the 
EMN, an Ad-Hoc Query was launched on UAMs applying for asylum.8   

•  EASO: Work Programme 2012 

The  2012  Work  Programme  includes  a  section  on  the  activities  EASO  is  expected  to 
carry  out  in  the  context  of  the  implementation  of  the  Action  Plan  for  Unaccompanied 
Minors and lists among its objectives for 2012 setting up EASO information sharing and 
monitoring on unaccompanied minors.   

The  EU  and  its  Member  States  should  use  existing  agencies  and  networks  to 
improve data collection and the exchange of information on unaccompanied minors, 
by reinforcing the roles of Frontex and Europol in data collection and analysis using 
all  available  sources,  including  information  collected  by  the  Immigration  Liaison 
Officers’ networks. 

A  targeted  Risk  Assessment  on  UAM  was  published  by  Frontex  in  September  2010.  
Europol  carries  out  incidental  collection  of  data,  that  is,  depending  on  the  operations 
carried out. 

Frontex  is  invited  to  develop  annual  assessment  based  on  Frontex  Risk  Analysis 
Network  data  collection  in  order  to  provide  Member  States  with  risk  analysis  on 
unaccompanied minors crossing the external borders of EU Member States. 

Frontex' regular risk analysis products and the Member States’ reporting to Frontex from 
dedicated  Joint  Operations  (such  as  Agelaus  or  Hammer)  pay  particular  attention  to 
emerging phenomena such as the ones involving UAMs. In addition, with the roll-out of 

7  

8  

Adopted,  for  2011, as  Commission  Decision  C(2011)1753  on  22  March  2011  (Point  3.2.4)  and, 
for 2012, as Commission Decision C(2012)1771 on 22 March 2012 (Point 3.2.2). 
available  on 
Queries/Protection" (no. 367) 

the  EMN  website  at  http://www.emn.europa.eu  under  "EMN  Ad-Hoc 

5

 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
the  new  Common  Integrated  Risk  Analysis  Model,  humanitarian  aspects  of  threats  and 
risks  at  the  external  borders,  also  involving  vulnerable  groups  such  as  UAMs,  will  be 
highlighted structurally in Frontex risk analysis products. 

Frontex 
unaccompanied minors in joint operation reports. 

to  develop 

invited 

is 

indicators  on  vulnerable  groups  such  as 

In 2010, Frontex carried out a joint operation Agelaus at air borders, which focused on 
procedures  relating  to  irregular  migration  involving  children,  including  unaccompanied 
minors, and other vulnerable groups. The operation was carried out with the involvement 
of  the  International  Organisation  for  Migration  (IOM)  and  the  Office  of  the  United 
Nations High Commissioner for Refugees (UNHCR).  

In 2011, Frontex conducted the joint operation Hammer at air borders, which focused on 
trafficking and irregular migration involving children. IOM, UNHCR, FRA, and EASO 
were involved in the development of operational guidelines on how to deal with children 
at the external borders in order to present best practice and possible indicators of irregular 
migration involving children. The organisations participated in most operational briefings 
making presentations, together with Frontex staff, on the guidelines recommending how 
to deal with children. 

During the Operational Heads of Airports Conference which took place in March 2012 in 
Rome,  a  dedicated  workshop  on  UAM  was  held  to  exchange  views  and  experiences 
amongst officers familiar with the matter. EASO, FRA, and UNHCR actively contributed 
to the workshop. The conference was also attended by the IOM. 

Frontex is invited to develop tailored risk analysis on the nature of the threats faced 
by unaccompanied minors. 

At the end of 2010, Frontex completed and presented the requested tailored risk analysis 
on “UAM in the migration process”.9 A tailored risk analysis in Frontex terminology is a 
document that is prepared in order to better understand a specific phenomenon. Its results 
are used to refine data collection mechanisms, reporting mechanisms for Joint Operations, 
operational planning and to fine-tune Frontex regular risk analysis products. 

European Asylum Support Office is invited to collect data and develop country of 
origin  information  and  analysis  relevant  for  assessing  the  protection  needs  of 
unaccompanied minors with a view to better supporting quality decisions. 

The 2012 Work Programme reiterates that among the tasks of the EASO as provided by 
the  Action  Plan  for  Unaccompanied  Minors  are  the  collection  of  data  and  the 

9  

See http://www.frontex.europa.eu/news/unaccompanied-minors-in-the-migration-process-BakEI5 

6

 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
 
development  country  of  origin  information  (COI)  and  it  stipulates  that  during  2012 
EASO will further develop its COI capacity (section 4.2.3). 

In February 2012, EASO commissioned a questionnaire on age assessment practices. The 
results  of  this  have  led  to  a  more  comprehensive  and  complete  picture  on  the  methods 
and procedures currently in use, not only within the EU but also within wider Europe and 
the world.  

As  part  of  this  research,  EASO  initiated  data  collection  on  asylum  applicants  and  age 
assessment, which included request for data on numbers required to undergo assessment, 
those found to be under 18 following age assessment and following appeals. EASO will 
use these responses as a basis for further analysis and identification of needs. 

Throughout 2012, in line with EC Regulation 439/2010, EASO has continued to develop 
COI methodology, which provides the technical tool kit for drafting COI Reports of the 
highest  standards.  By  the  end  of  2012,  EASO  intends  to  produce  the  Afghanistan  COI 
Report. The content will be determined by the needs of Member States. Specific issues 
related  to  vulnerable  groups,  including  unaccompanied  minors,  will  be  incorporated 
within the reports where relevant. 

European Asylum Support Office is invited to monitor the issue of unaccompanied 
minors who are asylum seekers, particularly in the most affected Member States. 

The 2012 Work Programme includes a section on the activities EASO is going to carry 
out in the context of the implementation of the Action Plan for Unaccompanied Minors 
(section 4.2.5) and lists among objectives for 2012 setting up EASO information sharing 
and monitoring on unaccompanied minors.  

Following evaluation of the responses to the age assessment questionnaire, EASO intends 
to  share  the  findings  and  outcomes  of  the  age  assessment  Questionnaire  issued  to 
Member  States  as  well  as  the  feedback  and  contributions  following  consultation  with 
wider civil society. 

In  addition,  EASO  regularly  monitors  the  issue  of  unaccompanied  minors  who  are 
asylum seekers horizontally, through the mechanism of the Management Board meetings, 
during which Member States and UNHCR have the opportunity to contribute, and update 
on situations of relevance and concern to them. 

EASO  will  facilitate  further  information  exchange  and  sharing  of  knowledge  through  a 
variety of specific meetings on Unaccompanied Minors commencing in May 2012. The 
issue  of  UAMs  who  are  asylum  seekers  will  also  be  reflected  horizontally  within  the 
EASO organisation.  

Since 2011, EASO has provided strong support to the Greek administration through the 
Greek Operating Plan. On the issue of unaccompanied minors this has included working 

7

 
 
 
 
 
 
 
 
 
 
 
 
through  Asylum  Support  Teams  (ASTs)  who  contribute  to  the  development  of  policy 
concerning vulnerable groups, including minors. 

The Commission will encourage Member States and relevant agencies and networks 
to improve the comprehensiveness of data concerning unaccompanied minors. 

The  Commission  collaborated  with  Eurostat  on  the  Guidelines  and  with  EASO  on  the 
elaboration of its 2012 Work Programme.  

The Commission will promote the inclusion of a section on unaccompanied minors 
in migration profiles of the main countries of origin and transit. 

The Extended Migration Profile developed by the Republic of Moldova with support of 
the  EU  will  include  a  number  of  indicators  related  to  minors,  including  data  on  minor 
emigrants as well as children left behind by migrants. A project, 'The effects of migration 
in Moldova and Georgia on children and elderly left behind', financed by the Thematic 
Programme  on  Migration  and  Asylum,  will  allow  to  gather  data  on  this  group  of 
population in Georgia and Moldova. 

II.2. Actions in EU Member States 

Data collection on unaccompanied minors still poses a problem for many Member States, 
mainly  due  to  the  fact  that  different  level  administrations  are  in  charge  of  minors' 
reception and care. The largest figures on registered unaccompanied minors were found 
in Italy, France, Greece, Spain and Germany. 

Some Member States reported a very limited number of UAMs (BG, CZ, EE, IE, LT and 
SI) while many MS (BG, CY, CZ, DE, EE, IE, LT, MT and SI) only provided data on 
UAMs who are asylum seekers. 

8

 
 
 
 
 
 
 
 
 
 
 
 
The tables below list the official data communicated to Eurostat on the basis of Migration 
Statistics Regulation 862/2007 and its revised Guidelines. 

Belgium 
Bulgaria 
Czech Republic 
Denmark 
Germany 
Estonia 
Ireland 
Greece 
Spain 
France 
Italy 
Cyprus 
Latvia 
Lithuania 
Luxembourg 
Hungary 
Malta 
Netherlands 
Austria 
Poland 
Portugal 
Romania 
Slovenia 
Slovakia 
Finland 
Sweden 
United Kingdom 

2008 

2009 

2010 

2011 

485
15
35
300
765
0
100
295
15
410
575
70
5
0
0
175
20
725
695
375
5
55
20
70
705
1.510
4.285

730
10
10
520
1.305
0
55
40
20
445
420
20
0
5
10
270
45
1.040
1.040
360
0
40
25
30
555
2.250
2.990

1.080
20
5
410
1.950
0
35
145
15
610
305
35
5
10
20
150
5
700
600
230

5 : 

35
25
5
330
2.395
1.715

2.040 
25 
10 
270 
2.125 
0 
25 
60 
10 
595 
825 
15 
0 
10 
20 
60 
25 
485 
1.005 
405 

55 
60 
20 
150 
2.655 
1.275 

Table 1: Asylum applicants considered to be unaccompanied minors (Source: Eurostat) 

9

 
 
 
 
 
 
 
Belgium 
Bulgaria 
Czech Republic 
Denmark 
Germany 
Estonia 
Ireland 
Greece 
Spain 
France 
Italy 
Cyprus 
Latvia 
Lithuania 
Luxembourg 
Hungary 
Malta 
Netherlands 
Austria 
Poland 
Portugal 
Romania 
Slovenia 
Slovakia 
Finland 
Sweden 
United Kingdom 

2010 

2011 

43 : 

: 
: 

: 

: 
: 

46

0

819
0
2.278

0
0
61
0
0
0

: 

750
0
3.345

0 : 
0

: 

: 

: 
: 

: 

: 

0
10

20

7
0

0
262
54

: 
: 

: 

0
0
0
10
0
17

5
0
0
0
152
66

Table 2: First residence permits issued to unaccompanied minors (Source: Eurostat) 

Several Member States did not make use of the new statistical category introduced by the 
revised Guidelines (see above – II.1) and hence reported zero residence permits issued to 
unaccompanied  minors  (BG,  CZ,  DE,  EE,  IE,  FR,  LV,  LU,  RO,  SI,  SK).    It  therefore 
remains difficult to assess the full extent of the phenomenon of unaccompanied minors in 
these Member States. 

Most data provided was broken down by age and gender and this showed that the highest 
proportion  of  UAMs  was  males  aged  14-18.  Figures  on  return  were  also  provided  and 
numbers were very low in all Member States.  

10

 
 
 
 
 
 
 
 
 
Countries  of  origin  varied  substantially  among  Member  States.  Morocco,  Algeria, 
Tunisia, Sub-Saharan Africa, Albania, Somalia, Iran, Iraq and Afghanistan were the most 
commonly identified countries of origin of UAMs.    

Further detailed information from Member States reports 

Belgium  reported  that  although  the  Alien  Office  produces  statistic  tables  on  UAM,  the 
data collected by each administration is not always comparable and that therefore there is 
no  clear  and  reliable  picture  of  UAMs  in  Belgium  at  present.  A  project  developing  a 
common  database  is  currently  under  consideration.  However,  Belgium  estimates  the 
number of UAM at 4 000. 

Bulgaria  stated  that  the  number  of  unaccompanied  minor  asylum  seekers  from  third 
countries is limited, with only 17 reported in 2010. The State Agency for Child Protection 
maintains  a  National  Information  System  containing  data  on  all  children  at  risk  and 
reported no significant increase of identified UAMs, amounting to 20 in 2011. 

Cyprus's  Social  Welfare  Services  report  on  UAMs  reported  16  asylum  seekers  and  no 
victims of trafficking in 2011. Ages of UAMs ranged from 11 to 18.  

The  Czech  Republic  is  currently  reforming  its  childcare  system  in  general.  The 
institution system will turn into a foster family system in 2018, which will also have an 
impact on the situation of UAMs, including the asylum seekers.  The number of UAMs 
asylum seekers in the Czech Republic in the last 5 years has been at a very low level and 
is still decreasing, with 12 cases in 2009, 4 cases in 2010 and only 9 cases recorded in 
2011. 

Denmark received 432 unaccompanied minors in 2010 who applied for asylum. In 2011, 
the number decreased to 282. The majority of these (60%) were from Afghanistan, and 
82% of all unaccompanied minors seeking asylum in 2011 stated to be over the age of 15. 

Estonia reported data only on UAM asylum seekers. There were none in 2010 and only 
one in 2011. 

Finland provided data only for unaccompanied minor who request asylum. In 2010, there 
were 329  UAMs who originated  mainly from Somalia, Iraq  and Afghanistan.  In 2011, 
the total number of unaccompanied minor asylum seekers in that year was 150, of which 
Somalia, Iraq and Afghanistan were the top countries of origin. 

France only provided an estimate of 6  000 UAMs in its territory with countries/regions 
of  origin  being  the  Democratic  Republic  of  Congo  and  other  sub-Saharan  territories, 
Central Asia, India, the Balkans and the Maghreb. The number of unaccompanied minors 
requesting asylum was 595 in 2011 and 610 in 2010. 

Germany  sent  data  on  UAM  asylum  seekers.  Between  January  and  December  2011,  1 
412 minors aged between 16 and 17 lodged applications for asylum. 461 were rejected; 
six were granted asylum; 88 subsidiary protection; and 182 received a ban expulsion. No 

11

 
 
 
 
 
 
 
 
 
 
figures  were  provided  on  implemented  returns.  In  2010,  there  were  1  413  applications 
made  by  asylum  seekers  aged  between  16  and  17;  570  rejected;  5  granted  asylum;  97 
subsidiary  protection;  172  received  a  ban  expulsion.  No  figures  were  provided  on 
implemented return. Asylum seekers under this age amounted to 538. 

Greece reported that 4 636 minors, including unaccompanied minors, were apprehended 
in 2010 and 6 422 in 2011, coming from countries such as Afghanistan, Albania, Pakistan, 
Somalia, Iraq, Iran and the Palestinian Authority. 1,234 minors were repatriated in 2010 
and 265 in 2011.  

In Ireland,  asylum applications from unaccompanied minors fell consistently from 131 
in  2005  to  27  in  2011.  The  top  five  countries  of  origin  were  Nigeria,  Somalia, 
Afghanistan, Democratic Republic of Congo and Guinea.   

Italy  provided  data,  which  indicated  that  there  were  5959  unaccompanied  minors  on 
Italian territory on 31 December 2011. Most of them came from Afghanistan, Bangladesh, 
Tunisia, Egypt, Mali, Ivory Coast or Ghana. Most of the minors were males aged 16-17. 
Countries  of  origin  were  found  to  have  changed  over  the  last  few  years.  Flows  from 
traditional countries of origin such as Albania, or Morocco decreased considerably while 
flows from socio-political unstable countries in Africa and the Middle East increased. 

Hungary  reported  that  between  2009  and  2011  the  number  of  unaccompanied  minors 
apprehended by the Police and the Office of Immigration and Nationality was 1000 (this 
number  might  include  some  of  the  unaccompanied  minor  asylum  seekers  as  well).  In 
2009, the number of unaccompanied minor asylum seekers was 270 (5.7% of all asylum 
seekers); in 2010 the number of unaccompanied minor asylum seekers was 150 (7.1% of 
all asylum seekers); while in 2011 the number was 61 (3.6%  of all asylum seekers). In 
2011, international protection was granted to seven unaccompanied minors.  From April 
2011  onwards,  Hungary  collected  separate  statistical  data  on  the  number  of  residence 
permits issued for non-asylum-seeker unaccompanied minors. 13 such residence permits 
were issued from 1 January 2011 until 30 November 2011 by the Office of Immigration 
and Nationality.  

Lithuania stated that it had not experienced a significant problem with unaccompanied 
minors arriving from third countries. It provided data for unaccompanied minor asylum 
applicants. There were 9 UAMs in 2003, 3 in 2004 and 11 in 2011.  

Malta  issued  15  care  orders  in  2010,  mostly  to  UAMs  from  Eritrea,  Somalia  and  Côte 
d'Ivoire; and 25 in 2011, mostly from Eritrea, Somalia, Côte d'Ivoire and Mali. 

The  Netherlands  reported  only  on  UAMs  who  are  asylum  applicants.  There  were  725 
UAMs  in  2008;  1,040  in  2009;  700  in  2010  and  485  in  2011.  They  came  mostly  from 
Somalia, Iraq and Afghanistan. 

Poland reported 14 UAMs who were staying at reception centres of the Border Guard in 
2010–2011.  These  UAMs  came  from  Afghanistan,  Vietnam,  Tunisia  and  Haiti. 

12

 
 
 
 
 
 
 
 
 
 
Unaccompanied minors applying for refugee status in Poland amounted to 31 in 2010 and 
23  in  2011.  Their  countries  of  origins  were  the  Russian  Federation,  Afghanistan  and 
Georgia.  

Portugal  reported  48  unaccompanied  foreign  minors  identified  at  border  posts  in  2010 
and 34 in 2011. Seven unaccompanied minors filed an asylum request in 2010 and five in 
2011. 

In  Romania,  the  majority  of  UAMs  was  discovered  at  border  crossing  with  forged  or 
falsified documents or attempting to illegally cross the border to seek asylum or another 
form of protection in the country. 
In  2010,  39  unaccompanied  asylum  seekers  were  registered  and  9  of  them  (mainly 
Afghans)  have  obtained  protection  in  Romania.  Five  unaccompanied  minors  were 
reunited with their families in their countries of origin.  
In  2011,  33  asylum  applicants  considered  to  be  unaccompanied  minors  were  registered 
and 11 of them (mainly Afghans) obtained protection in Romania. Two unaccompanied 
minors were reunited with their families in their countries of origin. 

In the Slovak Republic there were 264 unaccompanied minors in 2010 and 169 in 2011. 
Among  them,  7  were  registered  as  asylum  seekers  in  2010  (Afghanistan,  Bangladesh, 
Iraq,  Moldova,  Pakistan  and  stateless).  In  2011,  18  were  registered  as  asylum  seekers 
from Afghanistan, Moldova and Somalia. A special register was created for UAMs.  

Slovenia reported 63 minors as asylum seekers in 2010 (38 unaccompanied minors), six 
of  whom  was  granted  international  protection (one of them was unaccompanied minor) 
and  103  in  2011  (58  unaccompanied  minors),  ten  of  whom  were  granted  international 
protection status (two of them where unaccompanied minors). 

In Spain, 201 UAMs reached Spain by boat in 2010 and the number increased to 357 in 
2011. Four minors were returned in 2010: two to Brazil, and one to Algeria and one to 
Paraguay. In 2011, only four minors were returned, all of them went back to Venezuela. 
The  aggregated  figure  for  the  period  2008-2011  was  over  5 500  and  for  2011  alone, 
around 3 700. 

In  Sweden  most  unaccompanied  minors  apply  for  asylum.  In  2010,  there  were  2  393 
cases and 2 657 in 2011. Top countries of origin were Afghanistan, Somalia and Iraq. 

In  the  United  Kingdom,  the  recorded  number  of  unaccompanied  children  seeking 
asylum in the UK was 1277 in 2011.  

III. PREVENTION OF UNSAFE MIGRATION AND TRAFFICKING 

13

 
 
 
 
 
 
 
 
 
 
 
 
III.1. Prevention 

EU and national external cooperation instruments should be fully used in a well-
coordinated  manner  to  fund  projects  in  third-countries  to  prevent  unsafe 
migration and trafficking in human beings of children, particularly by providing 
alternatives in the country/region of origin that aim to benefit children. 

•  Specific projects:  

Project: "Promoting the implementation of the Protocol to Prevent, Suppress and Punish 
Trafficking  in  Persons,  especially  Women  and  Children,  and  the  Protocol  against 
Smuggling  of  Migrants  by  Land,  Sea  and  Air,  both  supplementing  the  United  Nations 
Convention  against  Transnational  Organized  Crime"  (Thematic  Programme  Migration, 
2009-2012, €3M) 

Project: "Preventing illegal migration of minors and support their social and professional 
integration in Algeria and Morocco" (TP Migration, 2010-2012, € 0.6M) 

Project:  "Prévention  de  la  migration  illégale  d'enfants  de  moins  de  18  ans  non 
accompagnés du Sénégal vers l'Union Européenne" (TP Migration, 2009-2012, € 1.2M) 

Project:  "Providing  Alternatives  to  Irregular  Migration  for  Unaccompanied  Children  in 
Egypt" (TP Migration, 2011-2013 / € 1M) 

Project: "Enfants en voyage: Pour une approche responsable des migrations des mineurs"; 
Morocco (TP Migration and Asylum, 2011-2013/ €1,5M) 

Project:  "The  effects  of  migration  in  Moldova  and  Georgia  on  children  and  elderly  left 
behind" (TP Migration & Asylum, 2010-2012 / € 580.000) 

Project:  "Addressing  the  Negative  Effects  of  Migration  on  Minors  and  Families  Left 
Behind" in Moldova (TP Migration and Asylum, 2011-2013/ €1,5M) 

Project: "Prevention of the Illegal Migration of Unaccompanied Senegalese Minors to the 
European  Union"  (TP  Migration  and  Asylum,  2010-2012/  €1  213  380)  co-financed  at 
20%  (303  345  Euros)  and  implemented  by  the  Spanish  Ministry  of  Employment  and 
Social Security. The objective of the project was to contribute to the strengthening of the 
Senegalese national system for the protection of the rights of minors, in order to reduce 
the  vulnerability  of  young  Senegalese  who,  due  to  lack  of  opportunities,  decide  to 
migrate irregularly to Europe. 

EU and national external cooperation instruments should fund in partnership with 
central and local authorities from countries of origin, civil society organisations and 
international organisations targeted awareness-raising programmes for children at 

14

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
risk,  as  well  as  other  types  of  preventive  actions  at  local  level,  in  schools, 
communities and families; training of specialised personnel in main areas of origin 
to detect situations at risk and intervene with families and communities; and studies 
in the main countries of origin to better understand the causes leading children to 
undertake dependent and independent migration. 

Project:  "Armed  Conflicts  and  Trafficking,  Child  Prevention  programme,  Awareness-
raising programme in Yemen" (EIDHR, 2009-2011, €150,000) 

Project: "Building the dream: Saving the African Child from Trafficking (TP Investing in 
People, 2009-2013/ €5,24M; Kenya)" 

Project:  "Empowering  social  networks  and  Tribunals  for  children  and  youth  about  the 
Law  Against  Sexual  Violence,  Exploitation  and  Trafficking  of  persons  in  Guatemala" 
(EIDHR, 2010-2012, €100,000) 

Project:  "Prevention  and  protection  against  human  trafficking  by  promoting  the  human 
rights of the victims, particularly of vulnerable groups of them, in Guatemala" (EIDHR, 
2010-2012, €80,000) 

Project:  "School  for  the  Defence  of  the  Rights  of  Street  Children  and  Adolescents  in 
Bolivia" (EIDHR, 2009-2013, €173,000) 

Project: "Media and Civil Society for the Rights of the Child in Vietnam" (EIDHR, 2009-
2012, €132,000) 

Project: "Stop early marriage and exchange marriage in Yemen" (EIDHR, 2009-2012, € 
246,000) 

Project:  "Addressing  the  Negative  Effects  of  Migration  on  Minors  and  Families  Left 
Behind' in Moldova" (TP Migration and Asylum, 2011-2013/ €1,5M) 

A study on the follow up to the 2008 Council Conclusions on the rights of the child in 
development and humanitarian settings should be finalised by the end of 2012. 

EU and national external cooperation instruments should support activities aiming 
to  protect  children  from  any  form  of  violence  or  exploitation,  in  particular 
development of child protection and birth registration systems. 

•  Projects funded 

Project: Protection of vulnerable children in Myanmar from trafficking and other forms 
of harm (TP Investing in People, 2009-2012/ €663,293M; Mayanmar)" 

15

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Project:  "Reducing  Violence  Against  Children  in  Armenia"  (EIDHR,  2009-2012, 
€750,000) 

Project:  "National  Campaign  for  Prevention  of  Violence  Against  Children  in  Conflict 
with the Law in India" (EIDHR, 2010-2013, €382,000) 

Project:  "Preventing  and  combating  all  forms  of  violence  against  children  in  justice 
institutions or in conflict with the law in Ghana" (EIDHR, 2010-2013, €716,000) 

Project:  "Network  for  Children  Rights  Protection  in  Ukraine"  (EIDHR,  2009-2011, 
€177,000) 

Project:  "Living  without  violence  in  the  state  of  Mexico:  eradicating  domestic  violence 
against women and children" (EIDHR, 2009-2011, €81,000) 

•  Call for proposals 

Call for proposals for projects on preventing and combating all forms of violence against 
children is planned under the Thematic Programme Investing in People for 2012.  

•  EU Guidelines  

The EU has been implementing the EU Guidelines on the protection and the promotion of 
the  rights  of  the  child,  which  focus  largely  on  violence  against  children.  It  is  expected 
that the 2012 Guidelines Review will retain a focus on the most vulnerable children such 
as unaccompanied minors. A number of EU Heads of Missions decided to prioritize local 
child protection issues, such as trafficking or situation of child migrants, in their action. A 
guidance note for EU delegations on child protection will be developed. 

At  the  end  of  2012,  the  Commission  will  issue  guidelines  for  consular  services  and 
border guards for identification of victims of trafficking, including special indicators for 
child victims of trafficking.   

•  Thematic Programme Investing in People 

Thematic Programme Investing in People – Thematic Programme for Human and Social 
Development  2007  –  2013.  The  mid-term  review  of  the  Strategy  Paper  for  Thematic 
Programme introduced a specific mention of the need to improve birth registration as an 
essential  tool  to  support  national  authorities  and/or  NGOs  when  trying  to  trace  the 
families of separated children. 

The  EU  and  Member  States  should  regularly  address  child  protection  issues  in 
human rights and migration dialogues between the EU and third countries. 

16

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Continuous dialogue and close cooperation with the countries of origin and transit is one 
important element of the common EU approach to unaccompanied minors. Therefore, the 
issue was discussed in the migration subgroup of the G8, in the context of the EU-Africa 
Partnership  on  Migration,  Mobility  and  Employment  and  of  the  Rabat  Process  on 
Migration  and  Development  (expert  meeting  on  vulnerable  groups)  as  well  as  on  the 
occasion of the JHA Subcommittee meeting with Algeria and of the Working Group on 
Social and Migration Affairs with Morocco, Egypt and Tunisia.  

Further, the collaboration and particularly the exchange of good practice with countries 
facing similar challenges is of great importance for ensuring a proper response on the part 
of the European Union and its Member States. To this end, the issue of unaccompanied 
minors is also being discussed in the framework of the EU-US Platform for Cooperation 
on  Migration  and  Refugee  issues.  In  May  2011  Spain  organised  a  seminar  on 
unaccompanied minors.  

Human Rights Dialogues with: African Union, Bangladesh, Belarus, Cambodia, Canada, 
Candidate countries (Croatia, Former Yugoslav Republic of Macedonia, Turkey), China, 
Egypt,  Georgia,  India,  Israel,  Japan,  Jordan,  Kazakhstan,  Kyrgyzstan,  Laos,  Lebanon, 
Morocco,  New  Zealand,  Pakistan,  Palestinian  Authority,  Russia,  Sri  Lanka,  Tajikistan, 
Tunisia, Turkmenistan, United States, Uzbekistan, and Vietnam. 

The  EU  and  Member  States  should  systematically  examine  the  possibility  of 
introducing,  in  agreements  with  third  countries,  specific  provisions  addressing  the 
migration  of  unaccompanied  minors  and  enabling  cooperation  on  issues  such 
prevention, family tracing, return or reintegration. 

See below.  

The  EU  and  Member  States  should  reinforce  actions  regarding  child  victims  of 
trafficking  in  human  beings  by  assisting  and  protecting  these  children  at  the  very 
earliest  stage,  by  referring  them  to  specific  services  in  the  country  where  they  are 
found.  Such  assistance  should  at  least  include  the  measures  provided  for  by  the 
Directive on victims of trafficking in human beings. 

The Action-Oriented Paper on strengthening the EU external dimension on action against 
trafficking  in  human  beings  –  first  implementation  report/update  of  information  on 
Member States' external action was adopted by the JHA Council in June 2011 (12401/11 
of  4  July  2011).  It  gives  an  overview  of  all  projects  funded  by  the  Member  States,  the 
Commission and EU agencies in third countries on trafficking in human beings. It shows 
a  good  overview  of  the  many  projects  on  assistance,  support  and  protection  of  child 
victims of human trafficking and the prevention of child trafficking and the prosecution 
of the traffickers. 

17

 
 
 
 
 
 
 
 
 
 
  
 
The  EU  and  Member  States  should  reinforce  the  capacities  of  third  countries  to 
combat trafficking in human beings, as well as to protect and assist unaccompanied 
minors in accordance with the best interests of the child and international standards 
and conventions, regardless of their nationality. 

Project:  "Addressing  human  trafficking  of  women  and  children  in  Viet  Nam  through 
capacity building and technical assistance" (DCI, 2009-2012, € 0.4M) 

Project: "Prevention of unsafe migration and trafficking in children and adolescents from 
India and Bangladesh" (TP Migration, 2009-2012, € 1.8M)  

Project: "Enhancing capacity to address trafficking in especially children from a human 
rights  perspective  in  nine  provinces  and  Phnom  Penh  municipality  of  Cambodia" 
(EIDHR, 2010-2012, € 188,000) 

Project: "Enfants en voyage au Maroc: Strengthening public UAM management policies 
in Morocco" (TP Migration, 2011-2013 / € 1.2M)  

Project: "Programme Petit Fènix": support development of Morocco's national service for 
prevention of emigration of UAM and strengthen co-operation between EU and Morocco 
in this area (TP Migration, 2011-2013 / € 1.3M)  

Project: "Strengthening the capacity of the Central Asian Republics to protect and assist 
victims of trafficking in persons and smuggled migrants, especially women and children" 
(TP migration, 2011-2013, € 0.7M) 

Project:  Additional  measures  to  fight  child  trafficking  in  Moldova  (TP  Investing  in 
People, 2009-2012, €363,000) 

Project:  Against  Child  Trafficking  in  Lebanon  (TP  Investing  in  People,  2009-2011, 
€304,000) 

Project:  Tackling  exploitation  and  trafficking  of  under-18  girls  in  Tajikistan  (TP 
Investing in People, 2009-2012, €458,000) 

Project: "Erradicación progresiva de la explotación sexual y la trata con fines sexuales de 
niñas/os y adolescentes en la Ciudad de Encarnación, Paraguay" (TP Investing in People, 
2009-, €510,000) 

Project: Combat child trafficking in Uganda, TP Investing in People, 2009-, €540,000 

The  EU  and  Member  States  should  implement  the  prevention  measures  of  the 
Action  oriented  paper  on  trafficking  in  human  beings  and  support  regional 
instruments against trafficking in human beings. 

18

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
In June 2011, the Council adopted the first implementation report of the Action-Oriented 
Paper (see also above) which — apart from a list of projects on THB implemented by the 
Member  States,  agencies  and  the  European  Commission  —  lists  a  number  of 
recommendations. It recommends that EEAS and the EU ATC work together towards the 
establishment  of  a  list  of  priority  regions  and  countries.  The  EU  ATC  has  established 
good links with EEAS to tackle these recommendations. The next implementation report 
of the AOP is due in December 2012. 

Member  States’  consular  services  should  thoroughly  assess  visa  applications 
submitted on behalf of children. 

Consular cooperation, visa and document checking in countries of origin are carried out 
by BG, FR, DE, ES, IE, IT, HU and UK. DE and ES mention the use of the rolling out of 
the Visa Information System. ES, DE, HU, NL, PL, PT, PL and RO also refer to entry 
and  exit  checks  in  the  Schengen  Information  System  (SIS)  and  the  compliance  of  their 
actions with the provisions of the Schengen Borders Code.10          

The Commission will include specific reference to unaccompanied minors in the 
Immigration Portal, in order to improve information to potential migrants. 

The EU Immigration Portal11 was launched on 18 November 2011. It provides practical 
information  for  migrants  and  potential  migrants.  It  includes  a  section  dedicated  to 
information on unaccompanied minors, which can be found under the heading 'Children 
travelling alone' within the section 'Avoiding the risks'.12 

To encourage Member States to make use of the network of national contact points 
in  relation  to  border  control  on  minors,  as  set  out  in  Annex  37  of  the  Practical 
Handbook for Border Guards. 

The proposal for a Regulation of the European Parliament and of the Council amending 
Regulation (EC) No 562/2006 of the European Parliament and of the Council establishing 
a  Community  Code  on  the  rules  governing  the  movement  of  persons  across  borders 
(Schengen  Borders  Code)  and  the  Convention  implementing  the  Schengen  Agreement 
(COM(2011) 118 final) adopted by the Commission in March 2011 proposes that a list of 
national contact points for consultation purposes on minors – currently established on a 
voluntary  basis  under  section  3.7  and  Annex  37  of  the  Schengen  Handbook  –  will  be 
formally established and its use will be made obligatory. Point 6.4 of Annex VII provides: 
"Member  States  shall  nominate  national  contact  points  for  consultation  on  minors  and 
inform  the  Commission  thereof.  A  list  of  these  national  contact  points  shall  be  made 
available to Member States by the Commission".  

10  
11  
12  

See also section III.3.1 
http://ec.europa.eu/immigration 
http://ec.europa.eu/immigration/tab3.do?subSec=17&language=7$en#anchor3 

19

 
 
 
 
 
 
 
 
   
 
 
                                                 
To  encourage  Frontex  and  other  European  agencies  to  set  up  actions  aimed  at 
supporting  the  training  of  border  authorities  in  third  countries  on  how  to  detect 
counterfeited passports and visas, at targeted joint operations. 

As  recommended  in  the  Action  Plan  Implementing  the  Stockholm  Programme  to 
establish  guidelines  and  specific  trainings  for  consular  services  and  border  guards 
Frontex  Training  Unit  has  developed  a  specific  training  curriculum  on  trafficking  in 
human beings (THB) entitled Anti-Trafficking Trainer’s Manual for Border Guards. The 
objective of this THB training curriculum for border control authorities is to strengthen 
the  capacities  of  first  and  second  line  law  enforcement  officers  within  the  EU  and 
Schengen-Associated  Countries  to  prevent  and  combat  THB  and  to  handle  the  victims 
with serious respect for their fundamental human rights. To accomplish this, 3 modules 
were  developed,  namely  awareness  raising,  identification  and  an  interviewing  module. 
Every module has dedicated chapters dealing with child victims of trafficking. 

III. 2. Protection Programmes in third countries 

The  EU  and  Member  States  should  continue  to  fund  activities  aiming  to  provide 
protection and assistance to minor asylum seekers and refugees, including activities 
against exploitation and forced recruitment, for example by criminal groups. 

The EU and Member States should continue to support third countries in improving 
their  legislative  and  administrative  capacity  to  identify  minor  asylum  seekers  and 
victims of trafficking in human beings and set up specific assistance programmes. 

•  Projects funded 

Project: "Legal and Social Protection of Asylum Seeking and Refugee Children in 
Ukraine" (TP Migration & Asylum, 2009 -2012, € 1M)  

Project:  "Strengthening  National  Mechanisms  and  Capacities  for  Elimination  of 
Trafficking  in  Children  in  Ukraine"  (TP  Investing  in  People,  2009-2011, 
€596,000) 

Project: "Promotion and Protection of the Rights of the Child in Armenia through 
support to the functionality of central and local government and community based 
structures to prevent, identify and adequately address child protection concerns in 
institutions" (EIDHR, 2009-2012, €633,800) 

Project:  "Towards  a  national  policy  to  fight  human  trafficking  of  women, 
teenagers  and  children  for  sexual  exploitation  purposes  in  Uruguay"  (EIDHR, 
2010-2012, €150,000) 

20

 
 
 
 
 
 
 
 
 
 
 
 
 
 
Project:  "Partnership  for  Protection  of  the  Child's  Rights  in  FYROM  through 
Support  the  implementation  of  the  Government’s  policy  for  protection  of 
children’s rights on regional and local levels" (EIDHR, 2009-2011, €80,000) 

Project:  "Strengthening  Civil  Society  Actors  to  Work  in  Greater  Cohesion  with 
Government  in  Implementing  the  Child  Rights  Act"  (EIDHR,  2009-2011, 
€236,000) 

Project: "Strengthening Capacities and Coordination among Actors Working with 
Street Children in Nepal" (EIDHR, 2009-2012, €86,000) 

Project:  "Child  Protection  Systems  for  Iraqi  refugee  children  in  Lebanon,  Syria 
and Jordan" (TP Migration, 2011-2013/ €0,7M) 

Project: "Legal and Social Protection of Asylum Seeking and Refugee Children in 
Ukraine, Belarus, and Moldova" (TP Migration, 2011 -2013, € 791.000) 

Project: "Strengthening the capacity of the Central Asian Republics to protect and 
assist victims of trafficking in persons and smuggled migrants, especially women 
and  children,  in  partnership  with  NGOs  and  other  civil  society  actors"  (TP 
Migration, 2011 -2013, € 700.000) 

•  The  issues  mentioned  appear  at  the  annual  UNGA  and  HRC  resolution  on  the 
rights of the child (sponsored by the EU) and the EU draws attention to them also 
during the interactive dialogue with the UNSR on trafficking or during the general 
debate on children.  

The  EU  and  Member  States  should  continue  to  include  activities  to  assist  and 
protect  children  in  the  framework  of  Regional  Protection  Programmes,  which 
should be expanded to cover other key regions in terms of migratory flows to the EU 
and protection needs. 

Regional Protection Programmes (RPPs) have been designed to build up and enhance the 
protection  and  asylum  capacity  of  targeted  regions  and  countries  and  improve  refugee 
protection  through  durable  solutions.  In  the  preparation  of  each  RPP  (done  in  close 
cooperation  with  the  UNHCR)  the  unaccompanied  minors  are  always  taken  into 
consideration  while  designing  concrete  objectives  and  activities  of  the  action.  For 
instance,  the  RPP  in  the  Horn  of  Africa  aims  to  provide  enhanced  educational 
opportunities  for  refugee  children  in  the  camps  in  Kenya  and  Djibouti  including  those 
with special needs as well as strengthen child protection activities in camps in Kenya.  In 
addition,  the  resettlement  component  of  Regional  Protection  Programmes  addresses  the 
needs of the most vulnerable refuges, among them unaccompanied minors.   

21

 
 
 
 
 
 
 
 
 
 
 
 
III. 3. Actions in EU Member States  

Most Member States have adopted — or are in the process of adopting — legislative Acts 
specifically  aimed  at  protecting  minors  from  human  trafficking,  violence,  sexual  abuse, 
exploitation  and  disappearance.  Specific  units  have  been  set  up  within  Member  States' 
administrations and specific training for Border Guards is being provided.  

Preventive  measures  such  as  bilateral  agreements  with  third  countries  and  protection 
programmes were also set up. France signed an agreement with an EU country, Romania, 
which includes cooperation among liaison officers to prevent irregular exit and facilitate 
return.  

Spain  signed  a  management  flow  agreement  for  children  with  Morocco  and  Senegal, 
which  covers  prevention,  reception,  family  tracing  and  secure  return  and  reintegration. 
Italy singed a similar agreement with Egypt and Albania.  

The  Spanish  Ministry  of  Foreign  Affairs  and  Cooperation's  Agency  for  International 
Development Cooperation has built two centres for minors in Nador and Beni Mellal, in 
the  framework  of  its  support  strategy  for  vulnerable  minors  in  Morocco  and  its 
collaboration  with  L’Entraide  Nationale. The  centre  in  Beni  Mellal  opened  its  doors  in 
2011 and currently carries out activities with minors who have dropped out of school and 
other vulnerable minors aiming to discourage them from emigrating irregularly.  

Many Member States – AT, BE, BG, CZ, DE, EL, ES, IE, IT, HU, NL, PT, SE and UK – 
run information campaigns and  projects and finance the construction of educational and 
training centres for minors in order to offer them an alternative to irregular migration to 
the  EU.  Those  activities  are  usually  carried  out  in  cooperation  with  International 
Organizations and NGOs working in the field, such as IOM, ILO, UNHCR, Organisation 
for Security and Co-operation in Europe (OSCE), Caritas, L'Entraide Nationale.   

Detailed information on Member States developments 

Austria  is  planning  to  build  a  child  protection  centre  in  Chisinau  in  Moldova  in 
September  2012,  after  an  increasing  number  of  unaccompanied  minors  from  Moldavia 
arrived in Austria. It is meant to prevent these unaccompanied minors from falling victim 
to human trafficking again and to ensure a better life for them in their country. 

In Belgium  legislation on human trafficking addresses the needs of UAMs.  Belgium is 
participating in several projects with third countries on protecting their minors from being 
trafficked. The "Enhancing multi-stakeholders cooperation to fight human trafficking in 
countries  of  origin  and  destination"  project  is  developing  a  partnership  to  tackle  the 
sexual  exploitation  issue  in  West  Africa.  Belgium  also  runs  a  project  with  Brazil  to 
prevent trafficking for labour exploitation and participates with other Member States on a 
project in Serbia on victim identification and protection.  

22

 
 
 
 
 
 
 
 
 
 
 
 
Bulgaria  has  a  strategic  framework  for  the  prevention  of  migration  and  trafficking  of 
children,  including  a  National  Strategy  for  Child  Protection  2008-2018.  The  main 
priorities  of  the  Strategy  are  prevention,  improving  the  efficiency  of  the  measures  to 
protect  children  from  violence,  abuse  and  exploitation,  including  protection  of  children 
who  are  victims  of  trafficking.  Bulgaria  cooperates  closely  with  intergovernmental  and 
nongovernmental  organisations  such  as  the  International  Organization  for  Migration, 
Caritas  Bulgaria,  the  Bulgarian  Helsinki  Committee,  the  Bulgarian  Red  Cross  and 
Assistance Centre for Torture Survivors. Bulgaria works in partnership with countries of 
origin  of  trafficking  in  human  beings.  Through  the  diplomatic  missions  of  Bulgaria 
abroad,  cooperation  with  the  competent  authorities  of  the  countries  of  origin  on  issues 
such  as  transit  of  unaccompanied  children  and  children-victims  of  trafficking  is 
developed. 

The Czech Republic action is carried out by NGOs working on humanitarian projects in 
third countries, for example Adra, People in Need and Katolická Charita. The Ministry of 
the Interior is responsible for coordination of preventive measures when it comes to the 
question of trafficking in human beings as such. In order to prevent trafficking in children 
(also UAMs) a handbook “Trafficking in Children – Recommendations for Procedures of 
the  Public  Administration”  was  created  with  the  contribution  of  the  public  authorities 
together with the NGOs. The document is a reaction to the developing trends in the area 
of committing crime of trafficking in children. The aim of the handbook is to describe in 
detail  the  recommended  procedures  of  state  authorities  in  cases  where  a  minor  is  the 
perpetrator of a crime (especially property crime) - the document stresses the fact that a 
minor  may  be  a  victim  forced  by  the  real  perpetrator  into  committing  such  crimes. 
Therefore the handbook pays attention to the problematic aspects in the identification of a 
potential child victim of this crime. 

Denmark  is  running  the  Danish  Regions  of  Origin  program  in  Africa,  the  Middle-East 
and Asia to enhance protection of refugees and displaced persons in the region, including 
unaccompanied minors.  

Estonia  is  amending  the  Penal  Code  and  other  related  Acts  to  change  the  wording 
regarding the elements of enslavement and will add further elements dealing with human 
trafficking to the Penal Code.  

The Ministry of the Interior of Finland set up a project to draft a proposal on passing a 
special act on trafficking in human beings in January 2012. Proposals for a more detailed 
regulation of the assistance system for victims of human trafficking and identification of 
victims  will  form  a  key  part  of  this  legislative  project.  Currently,  services  and  support 
measures  for  victims  are  coordinated  by  two  government-run  reception  centres  for 
asylum seekers, one of which cares for unaccompanied minors. The Finnish Immigration 
Service  and  the  two  reception  centres  responsible  for  victim  assistance  also  regularly 
arrange training on human trafficking and identification of victims for their personnel and 
other reception centres. 

23

 
 
 
 
 
 
 
France  follows  a  double-track  strategy,  fighting  against  organised  children  trafficking 
networks, through identifying and confiscating financial flows and money laundering on 
the one hand and getting children out of these networks on the other.  

Germany supports the initiative to step up action against criminal structures (especially 
people traffickers) at EU level in relation to unaccompanied minors. All national external 
cooperation  instruments  with  a  migration  policy  objective  also  contribute  towards 
preventing  the  unsafe  migration  of  unaccompanied  minors.  German  diplomatic  and 
consular missions check visa applications from minors thoroughly. Entry and exit checks 
comply  with  all  provisions  of  the  Schengen  Borders  Code.  Decision-makers  from  the 
Federal  Office  for  Migration  and  Refugees  are  currently  being  specially  trained  to 
identify those UAMs affected by trafficking in human beings.  

Greece  has  set  up  the  nine-member  Central  Scientific  Council  for  the  prevention  and 
treatment of the victimisation and criminality of minors at the Greek Ministry of Justice, 
Transparency  and  Human  Rights.  To  fulfil  its  mission,  the  Council  cooperates  with 
national and international bodies and services, higher education institutions, research and 
education centres, public or private social, scientific and producer bodies, and with NGOs 
dealing with the prevention and treatment of the victimisation and criminality of minors. 
During  2011,  it  created  the  ORESTES  network  to  cooperate  and  improve  the 
effectiveness  of  related  projects  (approximately  250 bodies  and  100 municipalities  are 
taking part); it put together initiatives aimed at mobilising local communities and raising 
awareness  amongst  the  general  population;  it  created  the  24-hour  National  Child 
Protection Helpline (number 1107) and the network of social workers who deal with the 
relevant  complaints;  it  submitted  a  draft  Joint  Ministerial  Decision  and  Presidential 
Decree on foster care to the competent ministries; and it set up a special team to register 
problems faced by unaccompanied minors.  

In Ireland, the Anti-Human Trafficking Unit of the Department of Justice and Equality 
and  the  national  Police  Force  gave  presentations  to  staff  of  the  Department  of  Foreign 
Affairs  and  Trade  being  posted  abroad  in  2011  and  distributed  information  packs  on 
trafficking issues to Irish Embassies around the world. Non-governmental organisations, 
such as IOM are also used to deliver training as required.  

In  2009,  a  “National  Joint  HSE/Garda  Protocol  on  Missing  Children”  was  published 
which includes agreed formal procedures for interagency notification and co-operation in 
relation  to  the  recovery  of  children  who  go  missing  from  care  which  may  include 
potential/suspected victims of human trafficking was put in place. 

Finally,  through  the  Department  of  Foreign  Affairs  and  Trade,  the  Irish  Aid  Stability 
Fund provided 100,000 euro towards an OSCE-lead project for the enhancement of anti-
trafficking measures in Ukraine. 

The  Italian  Ministry  of  Labour  and  Social  Policies  is  implementing  bilateral 
cooperation  projects  aimed  at  preventing  irregular  minor  emigration.  An  intervention 
programme  has  been  set  up  with  the  Egyptian  Government  in  order  to  define  shared 

24

 
 
 
 
 
 
 
 
instruments and guidelines for the prevention of minor irregular migration, both through 
information  campaigns  on  the  risks  of  this phenomenon  and through individual socio-
economic reinsertion project in the country of origin. In Albania the project “Back to the 
future”  (2008-2010)  financed  by  the  European  Commission  implemented  an  effective 
cooperation  between  Italian  and  Albanian  administrations,  which  has  led  to  an  agreed 
management of the problem.   

Hungary  works  at  consulate  level  to  assess  visa  applications  submitted  on  behalf  of 
minors,  in  accordance  with  the  Community  Visa  Code  and  the  Commission  Decision 
establishing the Handbook for the processing of visa applications and the modification of 
issued  visas.  This  assessment  includes  the  verification  that  the  minor  has  not  been 
unlawfully removed from the care of the person legally exercising parental custody over 
him/her; that there is no ground for suspecting child trafficking or child abuse; and that 
the purpose of the journey is not illegal immigration into EU territory. 

In  compliance  with  the  Schengen  Borders  Code,  the  Hungarian  Police  as  the  authority 
responsible for guarding the Hungarian borders pays special attention to all minors. If the 
minor  is  accompanied  by  an  adult,  the  police  officer  check  whether  the  person 
accompanying  the  minor  is  responsible  for  him/her,  especially  if  the  minor  is 
accompanied by one adult only and there are serious reasons to consider that the minor 
was  illegally  taken  away  from  the  person(s)  responsible  for  him/her.  In  case  of 
unaccompanied minors, the police officers make sure (with the thorough examination of 
the  travel  document  and  the  certifying  documents)  that  the  minor  does  not  enter  the 
territory of the Member State against the intention of the persons responsible for him/her.  

Furthermore,  the  Hungarian  Ministry  of  Foreign  Affairs  has  funded  and  is  currently 
funding several projects (both bilateral and multilateral) in developing countries aimed at 
ameliorating  living  conditions  in  these  countries  (mainly  by  developing  education  and 
healthcare),  and  thereby  contributing  to  decreasing  the  migration  potential  in  these 
countries and preventing the unsafe migration of unaccompanied minors.  

Lithuania approved the Programme for the prevention and control of human trafficking 
for  2009–12,  including  measures  for  the  prevention  of  human  trafficking  which  also 
cover the prevention of trafficking of minors from third countries. In 2011, the Ministry 
of the Interior approved recommendations for early action to prevent unlawful removal of 
children to foreign countries outside the Schengen area for sale or other purposes.   

In  Malta,  in  cases  where  unaccompanied  minors  claim  that  they  were  victims  of 
trafficking, or where there is a suspicion that they have been  victims  of  trafficking,  the 
Office of the Refugee Commissioner takes this matter into consideration when the case is 
being assessed. No protection programmes in third countries are run by Malta. 

The Netherlands has experience with protecting unaccompanied minors who are or are 
probably  in  danger  of  becoming  victims  of  child  smuggling  and  trafficking.  A  form  of 
to  prevent  disappearances. 
protected  accommodation 

is  provided 

in  order 

25

 
 
 
 
 
 
 
 
Unaccompanied  minors also receive  guidance throughout the process to enable them to 
free themselves from the control of the traffickers. Criminal networks are investigated.  

The Netherlands also has various cooperation schemes and technical assistance projects 
in  the  area  of  preventing  and  combating  human  trafficking  with  Serbia,  Nigeria  and 
Angola.  Together  with  ILO,  the  Netherlands  is  running  a  project  in  Bolivia,  Indonesia, 
Mali and Uganda on countering child forced labour and plans to start a prevention project 
in Afghanistan.  

In Poland the Border Guard carries out its official duties related to,  inter alia, fighting 
against the practices of organised irregular crossing of the national border of the country 
and  the  practice  of  trafficking  in  human  beings.  The  Border  Guard  also  participates  in 
pilot  programmes  organised  in  selected  provinces,  aimed  at  combating  and  preventing 
trafficking  in  minors.  These  initiatives  include  the  preparation  of  working  documents 
intended as guidelines regarding identification, principles and procedures for cases of the 
discovery  of  a  victim  who  is  a  minor.  Care  institutions  where  minor  victims  could  be 
placed  have  been  appointed  (the  educational  staff  of  these  institutions  is  trained  in 
cooperation with the Border Guard).  

Portugal  highlights  the  Saferdicas  awareness  campaign  regarding  the  dangers  of  using 
the  internet,  and  precautions  to  be  taken  when  doing  so,  in  particular  in  relation  to  the 
recruitment of victims of human trafficking. The launch of the film "I want to be a Star" 
about  the  triangular  trafficking  of  minors  between  Portugal,  Mozambique  and  South 
Africa was a part of the prevention campaign.  

Under  the  1999  Law  on  the  Protection  of  Children  and  Young  People  at  Risk,  the 
Republican  National  Guard  and  Portuguese  military  police  force  are  represented  on  the 
Commission  for  the  Protection  of  Children  and  Young  People.  The  Commission  flags 
and  follows  cases  of  minors  at  risk  of  which  they  are  aware,  as  part  of  its  work.  The 
Republican  National  Guard  and  Portuguese  military  police  force  undertake  prevention 
activities in relation to the abuse of the children's rights.  

The  Romanian  Border  Police  uses  specific  risk  profiles  for  the  purpose  of  early 
identification  of  children  who  are  victims  of  THB.  During  2011,  the  Schengen 
Multifunctional Training Center from Buzău organized an advanced course in Schengen 
acquis on countering trafficking in human beings, including minor victims of trafficking 
in human beings. Romania has not implemented any special programs for the prevention 
or increasing the protection capacity for unaccompanied minors in third countries. 

The  Slovak  Republic  has  set  up  a  working  group  on  combating  trafficking  in  human 
beings,  in  the  framework  of  the  2011–2014  National  Action  Plan  to  Combat  Human 
Trafficking.  Guidelines  have  been  issued  for  the  border  and  aliens  police  forces  on  a 
detailed  procedure  for  identifying  potential  victims  of  human  trafficking,  including 
victims of human trafficking who declare to be unaccompanied minors. 

Slovenia's  Migration  and  Integration  Directorate  concluded,  on  17 November  2010,  an 
agreement with the Slovenian Jesuit Association for Refugees on the implementation of 

26

 
 
 
 
 
 
 
 
 
the  programme  entitled  'Introduction  of  mechanisms  for  recognising,  assisting  and 
protecting  the  victims  of  trafficking  in  human  beings  and/or  sexual  violence  into  the 
procedures for granting international protection in Slovenia" for a period of two years. 

On  27 October  2011  the  new  Slovenian  Aliens  Act  entered  into  force.  As  regards  the 
prevention of trafficking of unaccompanied minors, the new Aliens Act contains a new 
provision  introducing  a  special  procedure  for  this  group.  The  police  and  non-
governmental  organisations  are  duty-bound  to  inform  the  minor  of  the  possibility  of 
obtaining  a  residence  permit  and  of  the  related  conditions  and  to  make  every  effort  to 
establish contact with his or her family.  

Spain's Ministry of Employment and Social Security has co-financed by 20% (303 345 €) 
a project in Senegal named "Preventing illegal UAMs migration to the EU". The project 
aims  at  capacity  building  in  Senegal's  institutions  to  protect  minors  and  provide  them 
with better life prospect, which is hoped will prevent them from irregular migrating to the 
EU. Prevention activities have been strengthened by the Spanish consulates in respect of 
minors' visa applications assessment by the implementation of the EU Visa Code and the 
VIS rolling-out. 

In Spain, most UAMs come from Morocco. In partnership with L’Entraide Nationale, the 
Spanish  International  Cooperation  for  Development  Agency  has  built  two  centres  for 
minors  in  Morocco  with  activities  starting  in  2011,  targeting  school  leavers  and  other 
vulnerable  minors  to  prevent  irregular  emigration.  Support  to  building  minor  centres  is 
also provided by the Regions of Andalucía, Catalonia and Madrid. 

Sweden  is  developing  a  considerable  number  of  projects  with  third  countries  such  as 
Mali,  Kosovo,  Kenya,  Burkina  Faso,  and  Bolivia,  on  prevention  measures  and  children 
protection  from  violence,  trafficking  for  labour  and  sexual  exploitation  and/or  organ 
trafficking purposes.  

The United Kingdom's Borders, Citizenship and Immigration Act 2009 places a duty on 
the  UK  Border  Agency  to  safeguard  and  protect  the  welfare  of  children.   The  statutory 
duty does not apply in relation to children who are outside the United Kingdom, but staff 
working  overseas  must  adhere  to  the  spirit  of  the  duty.   UK  Immigration  Liaison 
Managers and Officers receive specific training to identify children who may be at risk 
when  travelling,  and  they  include  this  within  their  own  training  programmes  for  airline 
staff.  Where possible they also work with host authorities and international organisations 
to raise awareness.  For example, they have worked with the IOM in Southern Africa on a 
long  term  regional  project  to  develop  the  capacity  of  the  travel  industry  and  border 
authorities to identify and address child trafficking. 

The  UK  Government  is  strongly  committed  to  protecting  child  trafficking  victims 
including those who may go missing. Local approaches have proven to be effective. For 
example  stronger  processes  and  systems  put  in  place  by  the  London  Borough  of 
the  number  of  under  18  year  old 
Hillingdon  and  Hertfordshire  has  reduced 
unaccompanied  children  going  missing.  The  UK  government  takes  this  issue  very 
seriously and this is why the Human Trafficking Strategy contains specific commitment 

27

 
 
 
 
  
  
 
 
to  take  action  to  tackle  this  issue  working  with  key  national  partners  including  Child 
Exploitation and Online Protection Centre. 

IV. RECEPTION AND PROCEDURAL GUARANTEES  

IV.1 Procedures at first encounter and standards of protection 

The EU should adopt higher standards of protection for unaccompanied minors by 
completing negotiations on the revision of the asylum acquis and by adopting more 
comprehensive legislation on trafficking in human beings and sexual exploitation of 
children. 

IV. 1.1. Asylum 

Recast  proposals  presented  in  June  2011  included  a  number  of  procedural  safeguards 
enhancing the protection of minors, including unaccompanied minors.  

•  Proposed Asylum Procedures Directive: 

o  The right of minors to apply for international protection is explicitly stipulated 

in the proposal; 

o  Member States are required to grant applicants with special needs, including 
unaccompanied  minors,  time  extensions  to  submit  evidence  or  take  other 
necessary steps in the asylum procedure;  

o  Unaccompanied  minors  are  entitled  to  free  legal  assistance  in  both  first 

instance and appeal procedures; 

o  Member  States  are  required  to  appoint  a  guardian  in  order  to  assist  and 
represent  an  unaccompanied  minor  with  respect  to  the  lodging  and 
examination of the application. In accordance with the proposal, the guardian 
must  be  impartial  and  have  the  necessary  expertise  in  the  field  of  childcare;  
The  proposal  exempts  unaccompanied  minors  from  accelerated/manifestly 
unfounded  border  procedures,  and  from  procedures  based  on  the  safe  third 
country concept; 

o  Member States are required to provide initial and follow up training to asylum 
personnel with regard to gender, trauma and age awareness, and to ensure that 
interviews with minors are conducted in a child-friendly manner.  

•  Proposed Reception Conditions Directive  

o  specifies  that  minors  shall  not  be  detained  unless  it  is  in  their  best  interests, 

while unaccompanied minors shall never be detained; 

o  obliges  Member  States  to  establish  specific  reception  conditions  for  minors 
such  as  the  possibility  to  engage  in  leisure  and  recreational  activities 
appropriate for their age; 

28

 
 
 
 
 
 
 
 
  
 
the best interests of the child principle is defined; 

o 
o  obliges  Member  States  to  identify  applicants  with  special  needs  and  to 
indicate the exact nature of those needs in order to ensure they are adequately 
addressed;  
the  obligation  of  Member  States  to  trace  the  unaccompanied  minors'  family 
members is strengthened. 

o 

•  Qualification Directive (Directive 2011/95/EU) 

The  Directive  'on  standards  for  the  qualification  of  third-country  nationals  or 
stateless persons as beneficiaries of international protection, for a uniform status 
for refugees or for persons eligible for subsidiary protection, and for the content of 
the  protection  granted'  was  adopted  on  13.12.2011  and  constitutes  the  first 
element of the asylum package. The Directive strengthens the provision on tracing 
of  family  members.  Moreover,  recital  18  of  the  Directive  for  the  first  time 
contains an indicative list of what is to  be taken into consideration to assess the 
best interest of the child, including the principle of family unity.  

Recital 18 — The ‘best interests of the child’ should be a primary consideration of 
Member  States  when  implementing  this  Directive,  in  line  with  the  1989  United 
Nations Convention on the Rights of the Child. In assessing the best interests of 
the child, Member States should in particular take due account of the principle of 
family unity, the minor’s well-being and social development, safety and security 
considerations and the views of the minor in accordance with his or her age and 
maturity. 

Recital 27 — When the applicant is an unaccompanied minor, the availability of 
appropriate care and custodial arrangements, which are in the best interest of the 
unaccompanied  minor,  should  form  part  of  the  assessment  as  to  whether  that 
protection is effectively available. 

Article 31 — Unaccompanied minors 
1.  As  soon  as  possible  after  the  granting  of  international  protection,  Member 
States  shall  take  the  necessary  measures  to  ensure  the  representation  of 
unaccompanied  minors  by  a  legal  guardian  or,  where  necessary,  by  an 
organisation responsible for the care and well-being of minors, or by any other 
appropriate representation including that based on legislation or court order. 
2.  Member  States  shall  ensure  that  the  minor’s  needs  are  duly  met  in  the 
implementation of this Directive by the appointed guardian or representative. 
The appropriate authorities shall make regular assessments. 

3.  Member States shall ensure that unaccompanied minors are placed either: 

(a)  with adult relatives; or 
(b) with a foster family; or 
(c)  in centres specialising in accommodation for minors; or 
(d) in other accommodation suitable for minors. 

29

 
 
 
 
 
 
 
In this context, the views of the child shall be taken into account in accordance 
with his or children's age and degree of maturity. 

4.  As far as possible, siblings shall be kept together, taking into account the best 
interests of the minor concerned and, in particular, his or her age and degree of 
maturity. Changes of residence of unaccompanied minors shall be limited to a 
minimum. 

5.  If an unaccompanied minor is granted international protection and the tracing 
of his or her family members has not already started, Member States shall start 
tracing them as soon as possible after the granting of international protection, 
whilst protecting the minor’s best interests. If the tracing has already started, 
Member States shall continue the tracing process where appropriate. In cases 
where there may be a threat to the life or integrity of the minor or his or her 
close relatives, particularly if they have remained in the country of origin, care 
must  be  taken  to  ensure  that  the  collection,  processing  and  circulation  of 
information concerning those persons is undertaken on a confidential basis. 
6.  Those  working  with  unaccompanied  minors  shall  have  had  and  continue  to 

receive appropriate training concerning their needs. 

IV.1.2.Trafficking  

•  Directive on preventing and combating trafficking in human beings and protecting 

its victims (2011/36/EU)  

Directive  2011/36/EU  of  the  European  Parliament  and  of  the  Council  5  April 
2011 on preventing and combating trafficking in human beings and protecting its 
victims, and replacing Council Framework Decision 2002/629/JHA, includes new 
provisions  on  particular  assistance,  support  and  protection  to  unaccompanied 
child  victims  of  trafficking  in  human  beings.    The  Directive  is  to  be  transposed 
into national law by 6 April 2013. 

Recital 23 — Particular attention should be paid to unaccompanied child victims 
of trafficking in human beings, as they need specific assistance and support due to 
their  situation  of  particular  vulnerability.  From  the  moment  an  unaccompanied 
child  victim  of  trafficking  in  human  beings  is  identified  and  until  a  durable 
solution is found, Member States should apply reception measures appropriate to 
the needs of the child and should ensure that relevant procedural safeguards apply. 
The  necessary  measures  should  be  taken  to  ensure  that,  where  appropriate,  a 
guardian  and/or  a  representative  are  appointed  in  order  to  safeguard  the  minor’s 
best interests. A decision on the future of each unaccompanied child victim should 
be taken within the shortest possible period of time with a view to finding durable 
solutions  based  on  an  individual  assessment  of  the  best  interests  of  the  child, 
which should be a primary consideration. A durable solution could be return and 
reintegration  into  the  country  of  origin  or  the  country  of  return,  integration  into 
the  host  society,  granting  of  international  protection  status  or  granting  of  other 
status in accordance with national law of the Member States.  

30

 
 
 
 
 
 
Recital  24  —  When,  in  accordance  with  this  Directive,  a  guardian  and/or  a 
representative are to be appointed for a child, those roles may be performed by the 
same person or by a legal person, an institution or an authority.  

Article 13 — General Provisions on assistance, support and protection measures 
for child victims of trafficking in human beings (including unaccompanied minors) 
1.  Child victims of trafficking in human beings shall be provided with assistance, 
support  and  protection.  In  the  application  of  this  Directive  the  child’s  best 
interests shall be a primary consideration.  

2.  Member  States  shall  ensure  that,  where  the  age  of  a  person  subject  to 
trafficking in human beings is uncertain and there are reasons to believe that 
the person is a child, that person is presumed to be a child in order to receive 
immediate  access  to  assistance,  support  and  protection  in  accordance  with 
Articles 14 and 15.  

Article 14 — Assistance and Support to child victims 
1.  Member  States  shall  take  the  necessary  measures  to  ensure  that  the  specific 
actions to assist and support child victims of trafficking in human beings, in 
the  short  and  long  term,  in  their  physical  and  psycho-social  recovery,  are 
undertaken following an individual assessment of the special circumstances of 
each  particular  child  victim,  taking  due  account  of  the  child’s  views,  needs 
and concerns with a view to finding a durable solution for the child. Within a 
reasonable  time,  Member  States  shall  provide  access  to  education  for  child 
victims  and  the  children  of  victims  who  are  given  assistance  and  support  in 
accordance with Article 11, in accordance with their national law.  

2.  Members States shall appoint a guardian or a representative for a child victim 
of trafficking in human beings from the moment the child is identified by the 
authorities  where,  by  national  law,  the  holders  of  parental  responsibility  are, 
as  a  result  of  a  conflict  of  interest  between  them  and  the  child  victim, 
precluded from ensuring the child’s best interest and/or from representing the 
child.  

3.  Member  States  shall  take  measures,  where  appropriate  and  possible,  to 
provide assistance and support to the family of a child victim of trafficking in 
human  beings  when  the  family  is  in  the  territory  of  the  Member  States.  In 
particular, Member States shall, where appropriate and possible, apply Article 
4 of Framework Decision 2001/220/JHA to the family.  
4.  This Article shall apply without prejudice to Article 11.  

Article  15  —  Protection  of  child  victims  of  trafficking  in  human  beings  in 
criminal investigations and proceedings 
1.  Member  States  shall  take  the  necessary  measures  to  ensure  that  in  criminal 
investigations and proceedings, in accordance with the role of victims in the 
relevant  justice  system,  competent  authorities  appoint  a  representative  for  a 
child victim of trafficking in human beings where, by national law, the holders 

31

 
 
 
 
 
 
of parental responsibility are precluded from representing the child as a result 
of a conflict of interest between them and the child victim.  

2.  Member  States  shall,  in  accordance  with  the  role  of  victims  in  the  relevant 
justice  system,  ensure  that  child  victims  have  access  without  delay  to  free 
legal counselling and to free legal representation, including for the purpose of 
claiming compensation, unless they have sufficient financial resources.  

3.  Without  prejudice  to  the  rights  of  the  defence,  Member  States  shall  take  the 
necessary measures to ensure that in criminal investigations and proceedings 
in respect of any of the offences referred to in Articles 2 and 3:  

(a)  interviews  with  the  child  victim  take  place  without  unjustified  delay 

after the facts have been reported to the competent authorities;  

(b) interviews  with  the  child  victim  take  place,  where  necessary,  in 

premises designed or adapted for that purpose; 

(c)  interviews with the child victim are carried out, where necessary, by or 

through professionals trained for that purpose;  

(d) the  same  persons,  if  possible  and  where  appropriate,  conduct  all  the 

interviews with the child victim;  

(e)  the  number  of  interviews  is  as  limited  as  possible  and  interviews  are 
carried out only where strictly necessary for the purposes of criminal 
investigations and proceedings;  

(f)  the  child  victim  may  be  accompanied  by  a  representative  or,  where 
appropriate, an adult of the child’s choice, unless a reasoned decision 
has been made to the contrary in respect of that person.  

4.  Member  States  shall  take  the  necessary  measures  to  ensure  that  in  criminal 
investigations  of  any  of  the  offences  referred  to  in  Articles  2  and  3  all 
interviews with a child victim or, where appropriate, with a child witness, may 
be  video  recorded  and  that  such  video  recorded  interviews  may  be  used  as 
evidence  in  criminal  court  proceedings,  in  accordance  with  the  rules  under 
their national law.  

5.  Member  States  shall  take  the  necessary  measures  to  ensure  that  in  criminal 
court proceedings relating to any of the offences referred to in Articles 2 and 3, 
it may be ordered that:  

(a)  the hearing take place without the presence of the public; and  
(b) the  child  victim  be  heard  in  the  courtroom  without  being  present,  in 
particular, through the use of appropriate communication technologies.  

6.  This Article shall apply without prejudice to Article 12.  

Article 16 — Assistance, support and protection for unaccompanied child victims 
of trafficking in human beings  
1.  Member  States  shall  take  the  necessary  measures  to  ensure  that  the  specific 
actions to assist and support child victims of trafficking in human beings, as 
referred  to  in  Article  14(1),  take  due  account  of  the  personal  and  special 
circumstances of the unaccompanied child victim.  

2.  Member  States  shall  take  the  necessary  measures  with  a  view  to  finding  a 
durable solution based on an individual assessment of the best interests of the 
child.  

32

 
 
 
3.  Member  States  shall  take  the  necessary  measures  to  ensure  that,  where 
appropriate,  a  guardian  is  appointed  to  unaccompanied  child  victims  of 
trafficking in human beings.  

4.  Member  States  shall  take  the  necessary  measures  to  ensure  that,  in  criminal 
investigations and proceedings, in accordance with the role of victims in the 
relevant  justice  system,  competent  authorities appoint a representative where 
the child is unaccompanied or separated from its family.  

5.  This Article shall apply without prejudice to Articles 14 and 15.  

•  The  October  2010  Report  on  the  application  of  Directive  2004/81/EC  on  the 
residence permits issued to third-country nationals who are victims of trafficking 
(COM(2010)493)  proposes  as  one  of  the  possible  follow-ups  an  amendment 
aimed  at  strengthening  the  framework  of  treatment  for  minors,  including 
unaccompanied minors. Furthermore, the Commission also plans to examine the 
possibility of granting residence permits based on the vulnerable situation of the 
victim regardless of their cooperation with investigating authorities. This category 
of victims may include unaccompanied minors.  

•  A useful tool in addressing trafficking of human being, including unaccompanied 
minors,  is  a  website  dedicated  to  anti-trafficking  (http://ec.europa.eu/anti-
trafficking) which was launched in December 2010.  

•  The EU Anti-Trafficking Day has been established on 18 October of every year 
since 2007 and a clear focus is placed on pertinent issues relating to trafficking in 
human  beings.  In  2011,  the  focus  of  the  day  was  on  cooperation  between  the 
seven EU agencies   working in the field of Justice and Home Affairs (Frontex, 
Europol,  Eurojust,  EASO,  FRA,  EIGE  and  CEPOL).  A  Joint  Statement  was 
adopted  on  18  October  2011  which  calls  for  the  commitment  to  address 
trafficking in human beings and better coordination and closer cooperation. It also 
stresses  that  particular  attention  and  due  care  should  be  given  to  the  rights  and 
treatment of vulnerable groups, including unaccompanied minors. Contact points 
have  been  designed  in  each  agency  to  follow  up  on  the  concrete  measures  to 
implement the political statement. A first meeting of the contact points is planned 
for early 2012. 

• 

In  2010, the Belgian Presidency organised a conference titled 'Towards a multi-
disciplinary approach to prevention of trafficking in human beings, prosecution of 
traffickers  and  protection  of  victims'  bringing  together  politicians,  government 
practitioners and civil society from across EU. 

•  The issue of unaccompanied minors was raised in the context of the integrated EU 
Strategy  towards  the  Eradication  of  Trafficking  in  Human  Beings  (2012-2016), 
adopted in June 2012.  

33

 
 
 
 
 
 
 
 
IV. 1.3. Sexual exploitation of children 

Directive  2011/93/EU  of  the  European  Parliament  and  of  the  Council  of  13  December 
2011  on  combating  the  sexual  abuse  and  sexual  exploitation  of  children  and  child 
pornography, and replacing Council Framework Decision 2004/68/JHA.13 The Directive 
is  to  be  transposed  into  national  law  by  18  December  2013.  It  covers  all  children, 
including unaccompanied children coming from third-countries. 

Article  20  —  Protection  of  child  victims  in  criminal  investigations  and 
proceedings 

1.  Member  States  shall  take  the  necessary  measures  to  ensure  that  in  criminal 
investigations  and  proceedings,  in  accordance  with  the  role  of  victims  in  the 
relevant justice system, competent authorities appoint a special representative for 
the child victim where, under national law, the holders of parental responsibility 
are  precluded  from  representing  the  child  as  a  result  of  a  conflict  of  interest 
between  them  and  the  child  victim,  or  where  the  child  is  unaccompanied  or 
separated from the family. 

2.  Member  States  shall  ensure  that  child  victims  have,  without  delay,  access  to 
legal counselling and, in accordance with the role of victims in the relevant justice 
the  purpose  of  claiming 
system, 
compensation. Legal counselling and legal representation shall be free of charge 
where the victim does not have sufficient financial resources. 

legal  representation, 

including  for 

to 

IV.1.4. Actions in other areas 

The  Commission  will  ensure  that  EU  legislation  is  correctly  implemented  and,  on 
the  basis  of  an  impact  assessment,  evaluate  whether  it  is  necessary  to  introduce 
targeted  amendments  or  a  specific  instrument  setting  down  common  standards  on 
reception  and  assistance  for  all  unaccompanied  minors  regarding  guardianship, 
legal representation, access to accommodation and care, initial interviews, education 
services and appropriate healthcare, etc. 

The Commission has continued to check the correct implementation of EU legislation, in 
particular the Return Directive. In April 2011, the European Parliament and the Council 
adopted  the  Directive  on  Preventing  and  Combating  Trafficking  in  Human  Beings  and 
protecting its victims (Directive on Trafficking in Human Beings). As mentioned above, 
the  Directive  includes  new  provisions  providing  assistance,  support  and  protection  to 
unaccompanied  children  who  are  victims  of  trafficking.  In  June  2011,  the  Commission 
made  proposals  for  revising  the  asylum  acquis,  containing  a  number  of  procedural 

13  

Official Journal L 335 of 17.12.2011, pp. 1-14. 

34

 
 
 
 
 
 
 
 
 
 
                                                 
safeguards  enhancing  the  protection  of  minors,  including  unaccompanied  minors  (see 
above). Negotiations on these proposals are on-going. 

The Return Directive makes a difference between those who are already "in" the EU and 
those  who  are  apprehended  when  trying  to  enter  the  EU  ("border  cases").  Even  though 
Member States may decide not to apply the Directive to these so-called border cases, this 
does  not  lead  to  a  legal  vacuum  for  the  migrants  concerned:  minimum  safeguards  will 
have to be respected. If Member States opt not to apply the Directive to this category of 
persons,  they  must  ensure  that  the  level  of  protection  for  affected  persons  is  not  less 
favourable than that set out in the articles of the Directive dealing with limitations on the 
use  of  coercive  measures,  postponement  of  removal  under  specific  circumstances, 
emergency  health  care,  taking  into  account  the  needs  of  vulnerable  persons,  detention 
conditions,  special  rules  on  detention  of  minors  and  families,  and  full  respect  for  the 
principle of non-refoulement. 

Moreover, in relation to asylum, a Comparative report of the FRA on Separated, Asylum-
seeking  children  in  European  Union  Member  States,  published  in  November  2010, 
examined the perspectives and experiences of 336 unaccompanied and separated children 
and 302 adults responsible for their care in 12 EU Member States. The study covered the 
children’s  living  conditions,  including:  accommodation;  the  role  of  social  workers; 
healthcare;  education  and  training;  religion,  cultural  norms  and  values;  recreation  and 
leisure; and social interaction and experiences of racism. It also included information on 
legal issues and procedures affecting the children, including: legal guardianship and legal 
representation;  age  assessment;  family  tracing  and  reunification;  the  asylum  procedure; 
and detention. The  questions of the children’s maltreatment and abuse and ‘turning 18’ 
were also summarily considered in the report, as the research was not initially designed to 
address them.  

The children interviewed were aged between 14 and 18 years, and every effort was made 
to  interview  girls  and  boys  with  difference  ethnic,  religious  and  cultural  backgrounds. 
The  adults  interviewed  included  care  workers,  social  workers,  teachers,  psychologists, 
health  specialists,  legal  guardians,  legal  practitioners,  government  officials  –  including 
law enforcement officers – interpreters and researchers. The FRA research on children is 
particularly guided by Article 12 of the UN Convention on the Rights of the Child, which 
requires the participation of children in decisions which affect them.  The report contains 
‘Considerations’ regarding the adequate treatment of the children in the host State as well 
as references to relevant provisions of the UN Convention on the Rights of the Child and 
selected  international  instruments  and  EU  legislation.  The  report  concluded  that 
children's  rights,  often  not  clearly  reflected  in  EU  legal  provisions,  are  not  always 
fulfilled.  

At  the  Belgian  Presidency  seminar  "Unaccompanied  Minors:  children  crossing  the 
external borders of the EU in search of protection", 9 – 10 December 2010, Brussels, the 
Fundamental  Rights  Agency  presented  a  discussion  paper  on  "Protecting  from  the  first 
encounter unaccompanied and separated children". This discussion paper is based on the 
study carried out for the above-mentioned Comparative report of the FRA on "Separated, 

35

 
 
 
 
 
 
Asylum-seeking children in European Union Member States", but focuses on children’s 
situation ‘at borders’. 

The situation of UAMs at airports and transit zones was discussed during the Conference 
of  Operational  Heads  of  Airports  which  took  place  in  March  2012  in  Rome.  The 
workshop yielded concrete recommendations on how to improve procedures for UAMs at 
airport borders and transit zones. 

The EU should assess different experiences to counter disappearance and promote 
best practices. 

The  FRA  project  on  the  treatment  of  third-country  nationals  at  borders  has  a  set  of 
questions to identify how children are dealt with a) during or after rescue/interception at 
sea and b) at border crossing points. The results will be published at the end of 2012 and 
in  mid-2013  respectively.  At  the  maritime  borders,  the  research  analysed  the  existing 
mechanism  in  the  Mediterranean  countries  to  identify  Unaccompanied  and  Separated 
Children, age assessment procedures at borders, and the existence of adequate reception 
facilities upon arrival. As regards to the border crossing points, the research looks at how 
the Unaccompanied and Separated Children are dealt with during border checks. 

Member  States  are  invited  to  prioritise  the  use  of  missing  person  alerts  in  the 
Schengen Information System for cases of absconding or disappearance from care. 

The  new  section  "Provision  of  descriptive  detail  on  missing  minors  and  other  persons 
assessed as being at risk" was inserted in Commission Implementing Decision 2011/406 
of 1.7.2011 amending the SIRENE Manual. 

Additionally, further detail on information exchange on the circumstances of a high risk 
missing person and the circumstances of their disappearance was incorporated in Council 
document 18161/10 of 5.1.2011 setting out a revised version of the updated catalogue of 
recommendations  for  the  correct  application  of  the  Schengen  acquis  and  best  practices 
(Schengen Information System). 

A study on missing children will be carried out by DG Justice in 2012/2013, aiming to 
collect official data on children going missing in the 27 Member States, including UAMs 
in institutional care to establish the scale of the issue, collect good practice from Member 
States and serve as evidence for policies in the field. 

Member  States  are  invited  to  consider  introducing  review  mechanisms  to  monitor 
the quality of guardianship in order to ensure that the best interests of the child are 
represented  throughout  the  decision  making  process  and,  in  particular,  to  prevent 
abuse. 

36

 
 
 
 
 
 
 
 
 
 
 
 
 
 
•  Meeting of the Expert Group on Unaccompanied Minors on guardianship:  

On 21 June 2011 the Commission organised the first meeting of the expert group 
on  unaccompanied  minors.  The  meeting  was  attended  by  the  representatives  of 
the  Member  States,  international  and  non-governmental  organisations  and  EU 
institutions. The outcome document of the meeting is expected to contribute to the 
implementation of the existing legislative instruments as well as developing future 
legislation and policies on  unaccompanied children and guardianship (e.g. in the 
fields of asylum or trafficking).  

•  2011  EU  Agenda  for  the  Rights  of  the  Child  reiterated  the  importance  of 

appropriate representation of the child.  

•  Project  financed  by  DAPHNE  III  Programme:  ‘Closing  a  protection  gap:  Core 
Standards  for  guardians  of  separated  children  in  Europe’  run  by  Defence  for 
Children-the Netherlands was finalised in 2011. 

The aim of the Core Standards is to harmonize the protection separated children 
receive from their guardian by focusing on the qualifications of a guardian. The 
Core  Standards  should  inspire  the  guardians  in  their  daily  work  and  it  offers  a 
goal to work towards. Due to the current guardianship system in some countries 
there are a lot of hurdles to take to protect the best interest of separated children. 
The Standards should empower the guardians and should inspire State authorities 
to adjust the guardianship systems where necessary.  

•  The  Comparative  report  of  the  FRA  on  Separated,  Asylum-seeking  children  in 
European  Union  Member  States,  published  in  November  2010  (see  above),  has 
also  examined 
the  perspectives  and  experiences  of  guardianship  of 
unaccompanied and separated children and adults responsible for their care.   

European  Asylum  Support  Office  is  invited  to  organise  training  activities  and 
develop  best  practices  regarding  reception  conditions,  asylum  procedures  and 
integration of unaccompanied minors. 

•  The  2012  Work  Programme  recognises  that  one  of  the  tasks  of  the  EASO  as 
provided  for  by  the  Action  Plan  for  Unaccompanied  Minors  (2010-2014)  is  to 
develop  best  practice  regarding  reception  conditions,  asylum  procedures  and 
integration of unaccompanied minors. To this end, the Work Programme lists as 
one of the objectives for 2012 starting developing best practices concerning these 
issues (section 4.2.5). 

•  At  the  June  2012  management  board  meeting  EASO  presented  their  Training 
Strategy,  comprising  the  principles  and  procedures  that  will  guide  EASO  in  the 
implementation  of  its  training  mandate.  Key  to  this  is  the  European  Asylum 

37

 
 
 
 
 
 
 
 
 
 
 
 
Curriculum  (EAC),  which  is  a  common  vocational  training  system  for  Asylum 
Officials in the European Union. Through commonly developed learning material 
the  curriculum  covers  the  whole  EU  asylum  procedure,  including  specific 
modules  addressing  vulnerable  groups  and  minors.  Each  module  comprises  on-
line studies followed by a face to face session. As such it is an essential tool for 
Member States delivering initial and follow up training. 

•  During  2011  EASO  updated  the  EAC  ‘Interviewing  Children’  module.  This 
module addresses training needs of asylum officials so that they are equipped to 
consider complex issues of gender, trauma and age; it also ensures that interviews 
with minors are conducted in a child-friendly manner.  

• 

• 

• 

In July 2012 an expert meeting on Interviewing techniques & methods was held. 
As  part  of  the  expert  meeting,  participants  (including  experts  in  the  field  of 
asylum)  were  invited  to  take  part  in  and  feedback  on  the  EAC  module, 
‘interviewing children.’ The outcome will be used as a basis for identifying future 
development  of  the  module  as  well  as  other  training  needs  relating  to 
Unaccompanied Minors. 

In September 2012, EASO held an expert meeting on the use of X-ray and other 
medical examinations for the purposes of age assessment, 

In October 2011 EASO worked alongside FRA, IOM & UNHCR in a Frontex-led 
joint  operation  focussed  on  assisting  border  officials  in  identifying  potential 
victims  of  trafficking.  Going  forward,  EASO  in  cooperation  with  Frontex,  will 
consider additional possibilities for training activities on handling cases involving 
children at the external borders of the EU including age and evidence assessment 
procedures. 

•  Belgian  Presidency  seminar  on  'Unaccompanied  Minors:  children  crossing  the 
external borders of the EU in search of protection', held on 9 – 10 December 2010 
in Brussels. The conference was co-financed by the Commission (EBF) and was 
focussed on protection of children from the first encounter and resulted in a set of 
Recommendations.    At  this  conference,  the  FRA  presented  a  background 
discussion  paper  on  ‘Protecting  from  the  first  encounter  unaccompanied  and 
separated  children:  establishing  links  between  actors’,  on  the  basis  of  a  table  of 
contents identified by the Belgian Presidency. This included the identification of 
key  questions  relating  to:  good  practice  in  referral  at  the  border  to  immediate 
assistance and reception; which services to provide to unaccompanied minors and 
which representation is needed for unaccompanied minors (information, reception 
facilities,  tools  to  prevent  disappearance  or  exploitation;  which  representation  is 
needed for unaccompanied minors (legal assistance, guardians …), what access to 
which  procedures,  how  to  best  coordinate  actions  by  the  actors  involved,  and 
focal points for unaccompanied minors: which steps are needed next. 

38

 
 
 
 
 
 
 
 
 
Frontex is invited to include a separate paragraph on vulnerable groups, including 
unaccompanied  minors,  in  working  arrangements  to  be  concluded  with  third 
countries. 

Frontex  is  including  into  its  Working  Arrangements  the  requirement  that  “…  in  the 
implementation  of  the  intended  cooperation,  Frontex  and  the  third  country  pay  full 
respect to human rights.” 

Frontex  is  invited  to  provide  technical  assistance  to  border  authorities  in  third 
countries on border related measures regarding unaccompanied minors. 

With  the  amended  Frontex  Regulation  entering  into  force  at  the  end  of  2011,  Frontex 
acquired the mandate on technical assistance to border guard authorities in third countries. 
The  Agency  is  currently  evaluating  on  how  it  will  implement  such  technical  assistance 
projects in the future. 

The Commission will use available funds effectively, to support European networks 
of guardians, to exchange best practices and develop guidelines, common curricula 
and training, etc. 

•  The  Commission  organised  an  Expert  Group  meeting  on  guardianship  (21  June 

2011) (see above). 

•  Project  financed  by  DAPHNE  III  Programme:  ‘Closing  a  protection  gap:  Core 
Standards  for  guardians  of  separated  children  in  Europe’  run  by  Defence  for 
Children-the Netherlands was finalised in 2011 (see above). 

To  call  on  the  Commission  and  the  Member  States  under  the  European  Fund  for 
the  Integration  of  third  country  nationals  and  the  European  Refugee  Fund,  to 
strengthen UAM related actions, mainly in order to establish and improve reception 
facilities  responding  to  the  specific  needs  of  minors,  as  well  as  measures  for  the 
development of appropriate integration actions. 

Under  shared  management,  a  number  of  Member  States  have  foreseen  to  address  the 
specific  situation  of  UAMs  in  their  annual  programmes  for  both  the  European  Refugee 
Fund  and  of  the  European  Fund  for  the  Integration  of  third  country  nationals 
programmes.  

•  Examples of projects funded: 

Project:  "Accompagnement  Damana-Refugies.  MENA  (2008-I/AC.13/01,  Belgium, 
2008, euro). The purpose of the project was to provide unaccompanied minor asylum 

39

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
seekers  and  refugees  with  individualised  psychosocial  and  multidisciplinary  support 
facilitating the (re)building of their identity and integration into society; and, through 
interviews, individualised exchanges and participation in collective activities.  

Project: "Professionnaliser l'accompagnement scolaire des MENA" (2008-I/Ac.13/26, 
Belgium,  2008-2009,  €  36.904).  The  purpose  of  the  project  was  to  professionalize 
support given to minors with learning difficulties: learning disabilities linked to exile 
and  trauma,  illiteracy  /  lack  of  education,  cultural  adaptation,  and  foreign  language. 
For  this,  the  Training  Centre  of  the  CPAS  Federation  (UVCW)  built  a  plan  for 
collective  supervision  and  for  the  development  of  a  tool  for  the  multidisciplinary 
educational  team  over  three  years,  in  close  coordination  with  the  CPAS  Assesse 
UAMs Centre.  

Under  centralised  management,  the  Commission  has  financed  actions  concerning 
unaccompanied  minors  in  the  framework  of  the  European  Refugee  Fund  Community 
Actions.  

•  Projects funded:  

Project: "Best practices for a coordinated approach to assist unaccompanied minors, 
asylum  seekers  and  former  UAMs  in  EU  Member  States",  implemented  by  the 
International  Organisation  for  Migration,  2009,    €  379.141,00:  the  project  aims  to 
carry out a comprehensive assessment to identify the most pressing needs among the 
target  group,  to  identify  assistance  gaps,  and  to  evaluate  current  assistance  projects 
and practices as well as capacity and efforts taken to address such gaps; to draft and 
publish a report summarising findings and providing recommendations for a common 
approach; to develop informational leaflets targeting UAMs; and to conclude with an 
international  conference  to  share  the  findings  and  the  recommended  common 
approach with a wide audience.  

Project:  "Access  of  minor  asylum  seekers (aged 15-18 years old) to the educational 
system in Europe – Meeting the challenges", implemented by the Hellenic Red Cross; 
2009,  €  206  964.00:  the  main  objective  of  the  project  is  to  support,  influence  and 
improve the existing educational framework in favour of the minor asylum seekers at 
national  and  EU  level,  through  a  system  of  interrelated  actions  and  methodological 
tools.  

Project: "European Network of Guardianship Institutions: Guardianship in practice", 
implemented  by  the  NIDOS  Foundation;  2009,  €  231.680,00:  the  objective  is  to 
exchange  existing  methodologies  within  the  ENGI-network,  to  develop  common 
principles  and  methodologies  and  to  have  these  principles  accepted  within  the 
relevant authorities in the participating Member States (NL, BE, FI, DE, SE, UK).  

Project:  "Unaccompanied  and  separated  children  “on  the  move”  in  need  of 
international  protection:  Addressing  protection  needs  through  reception,  counselling 
and  referral,  and  enhancing  co-operation  between  concerned  European  Union 

40

 
 
 
 
 
 
 
 
 
Member States", implemented by the UNHCR; 2010, € 652.614,86: the project aims 
to  develop  and  promote  common  measures  to  address  reception,  counselling  and 
referral  of  Unaccompanied  and  Separated  Children  (UASC),  providing  assistance, 
child appropriate information, counselling and referral to asylum procedures or other 
protection  mechanisms  along  one  of  the  most  frequently  travelled  routes  of  UASC 
through the EU. UASC will be ‘followed’ by the project partners along that route.  

Project:  "Improving  the  Quality  of  Unaccompanied  Minor  Asylum  Seekers' 
Guardianship  and  Care  in  Central  European  Countries",  implemented  by    the 
International Organisation for Migration, 2010, € 295.077,65: the overall objective of 
the  project  is  to  contribute  towards  the  enhancement  of  the  quality  of  guardianship 
and harmonization and standardization of the overall assistance and care provided to 
UAMs  in  Central  European  countries  in  line  with  the  EU  Action  Plan  on 
Unaccompanied Minors, the relevant EU Directives and the Convention on the Rights 
of  Child  by  conducting  a  review  in  Member  States  (Hungary,  Slovakia,  Czech 
Republic,  Poland,  Slovenia,  Romania  and  Bulgaria),  developing  a  training  manual 
and  curriculum,  organising  training  for  trainers  and  implementing  training  for 
guardians.  

Under  the  European  Refugee  Fund  Community  Actions  2011  call  for  proposals  the 
following projects have been granted funding:  

 Project:  "Ensuring  effective  responses  to  vulnerable  asylum-seekers:  promotion  of 
adequate standards for identification and claim determination for people with special 
needs", to be implemented by the UNHCR, 2011, € 546.840,00 (indicative amount). 
The project aims to address the specific needs of vulnerable groups and promote high 
quality  decision-making  and  capacity  building  in  the  countries  concerned.  Its 
objectives  include  the  effective  and  proper  identification  of  vulnerable  asylum-
seekers and the provision of a timely and sufficient  response to  their  needs through 
the  comprehensive  analysis  and  monitoring  of  national  legal  frameworks  and 
practice,  targeted  capacity-building,  inter-country  exchanges  on  good  practice, 
networking  with  civil  society,  and  the  creation  of  national  standard  operating 
procedures to ensure the quality and harmonization of national procedures. 

Project: NET FOR U — NEeds Tackling and NEtworks FOR Unaccompanied minors 
integration;  implemented  by  Istituto  don  Calabria,  2011,  €  645.480,00  (indicative 
amount);  the  main  goals  of  the  action  are.to  define  and  test  common  intervention 
programmes aimed to improve the integration of TCN unaccompanied foreign minors 
(studying and elaborating new practices of needs assessment and family tracing); and 
to strengthen collaboration between EU countries and main stakeholders working in 
the  field  at  local  and  transnational  level  while  also  exploring  opportunities  for 
cooperation with minors' countries of origin. 

Activities  for the protection of unaccompanied minors have been  also  funded  under 
the Daphne III Programme.  

41

 
 
 
 
 
 
 
 
Project: Frame of reference in prevention of sexual and gender-based violence against 
and  among  young  refugees,  asylum  seekers  and  unaccompanied  minors  in  the 
European reception and asylum sector; implemented by the University of Gent, 2008-
2010, € 400.000,00 (indicative amount). Based on a knowledge, attitude and practice 
survey conducted in eight EU Member States (Belgium, Netherlands, Ireland, Malta, 
Portugal, Spain, Greece, Hungary) as well as on an evaluation of good practices, the 
project developed a Frame of Reference for Prevention of Sexual and Gender based 
Violence  in  the  European  Reception  and  Asylum  Sector,  available  in  15  languages. 
The  Senperforto  Frame  of  Reference  consists  of  Standard  Operating  Procedures,  a 
Code of Conduct, a Sensitization Kit and a Training Manual.  

Project: Better integration of separated children – capacity building and exchange of 
good practise to prevent violations of their rights; implemented by Save the Children 
Denmark,  2009-2011,  €  160.526,  54  (indicative  amount).  Through  this  project 
professionals  in  five  countries  (Austria,  Denmark,  Poland,  Slovenia,  Slovakia) 
working  with  separated  children  in  the  integration  process  have  become  better 
equipped to assist separated children in their development and foster the health, self-
respect and dignity of separated children, thereby improving their rights. By assessing 
the  challenges  facing  separated  children  after  receiving  a  residence  permit, 
developing  national  networks,  identifying  challenges,  developing  recommendations 
and  holding  national  and  European  training  seminars,  the  project  has  contributed  to 
the exchange of knowledge, experiences and good practices between professionals.  

The  Daphne  Programme  has  also  awarded  annually  operating  grants  for  the 
functioning of the Separated Children in Europe Programme SCEP, implemented by 
Save  the  Children  Denmark.  The  aim  of  these  operating  grants  is  to  develop  the 
SCEP network for the promotion and protection rights of separated children. 

Furthermore, in 2012 the Commission will introduce a new pilot project under budget line 
18  03  18:    "Pilot  Project  –  Analysis  of  reception,  protection  and  integration  policies  for 
unaccompanied minors".  
The pilot project aims to contribute to the identification of good practice on prevention, 
reception, protection and integration policies for unaccompanied minors. It foresees that 
the  child  may  be  returned  to  his  or  her  country  of  origin  where  it  will  be  necessary  to 
guarantee  reintegration;  or  they  may  be  given  the  status  of  international  protection  or 
other legal status that allows the child to integrate in the Member State of residence; or 
they  may  be  resettled  in  the  EU.  In  all  these  cases  the  interests  of  the  child  will  be 
guaranteed.  

To monitor the quality of care for UAMs in order to ensure that the best interest of 
the child is being represented throughout the decision making process. 

In  February  2011  the  Commission  adopted  the  EU  Agenda  for  the  rights  of  the  child 
which  addresses 
including 
unaccompanied  minors.  Actions  envisaged  include promoting the use of the Council of 

the  protection  of  children 

in  vulnerable  situations, 

42

 
 
 
 
 
 
 
 
Europe  Guidelines  of  17  November  2010  on  child-friendly  justice  which  also  contains 
provisions  on  unaccompanied  minors.  The  Agenda  also  envisages  supporting  and 
encouraging the  development of training activities for judges and other professionals at 
European level regarding the optimal participation of children, including unaccompanied 
minors, in judicial systems.  

To  support  an  exchange  of  best  practices  on  care  arrangements  for  UAMs  and 
develop guidelines and common curricula and training. 

In March 2012, DG JUSTICE ran an internal pilot training course for DG JUSTICE and 
DG HOME staff on the promotion of the Council of Europe Guidelines on child-friendly 
justice, encompassing also the rights of unaccompanied minors.  In view of the success of 
the  pilot,  the  Commission  will  explore,  together  with  the  Council  of  Europe,  how  to 
better promote child-friendly justice in the EU. 

On the basis of Article 5 of the Co-operation Arrangement between Frontex and FRA, the 
FRA developed a fundamental rights training programme for Frontex staff, which covers 
child  protection  with  a  focus  on  unaccompanied  or  separated  asylum-seeking  children 
and survivors of torture and who need special treatment. The aim is to enhance Frontex 
staff’s skills on child protection so that they consider this in their projects and activities.   

IV.2. Actions in EU Member States  

Most  Member  States'  legal  frameworks  cater  for  UAMs'  reception  and  procedural 
guarantees, regardless their migratory status, with the best interest of the child prevailing 
over other considerations.  

In their contributions to the mid-term report, Member States explained in great detail how 
they provide these guarantees and procedures to be followed from the very moment the 
minor is suspected to be isolated, granting the minor reception conditions, an interpreter, 
separate  lodging  from  adults,  the  appointment  of  a  guardian  who  is  to  be  present  in 
procedures, free legal advice, information to the child, education and care. EL states that 
UAMs  are  kept  in  separate  reception  centres  under  the  responsibility  of  the  Police 
department and are treated as children.  

Some Member States (DE, ES, FR, IT or HU) gave information on the role played by the 
specific Minor Prosecutor Office. 

In some Member States – BE, DE, ES, FR, IT, NL, SE, UK - the responsible authorities 
for reception and care are the state agencies and the regional or local authorities. In other 
Member  States,  the  responsible  authorities  are  either  responsible  to  the  Ministries  of 

43

 
 
 
 
 
 
 
 
 
 
 
Labour or Social Welfare (CY, CZ14), the Ministries of the Interior (BG, EL, HU) or the 
Asylum authorities (AT, BE, FIN, IE, LT, MT or SI).   

Inter-ministerial  cooperation  and  involvement  of  NGOs  was  also  mentioned  by  most 
Member States.   

Some  Member  States  provided  specific  information  on  procedures  concerning  missing 
person  alerts  in  the  Schengen  Information  System  for  cases  of  UAMs  absconding  or 
disappearing  from  care  (DE,  HU,  LT,  NL  and  PT)  and  use  of  the  VIS  database  by 
competent authorities dealing with minors (BE and SK). 

EL, IT and HU highlighted that many of the activities concerning reception and care are 
funded by the European Refugee Fund.  

Detailed information on Member States activities 

Austria's  Basic  Care  Agreement  makes  specific  provisions  for  the  accomodation  of 
UAMs. Austria's Asylum Act specifies that the legal advisor for unaccompanied minors 
must act as their legal representative in the admission procedure and is required to attend 
every  interview  at  the  initial  reception  centre  and  every  hearing  in  the  admission 
procedure. The care of unaccompanied foreign minors also encompasses a daily schedule 
adapted  to  their  needs  (education,  free  time,  sport,  group  and  individual  activities, 
household chores) and administrative issues relating to the age, identity, origin and place 
of residence of family members to facilitate family reunification and, where appropriate, 
developing  an  integration  plan  and  measures  to  implement  schooling,  training  and 
activities  to  prepare  for  entry  into  the  labour  market  with  the  aim  of  developing  self-
sufficiency.  

The  Federal  Asylum  Office  (BAA)  is  now  carrying  out  a  project,  implemented  by  the 
UNHCR,  aimed  at  developing  comprehensive,  harmonised  and  binding  standards  for 
dealing with unaccompanied minors who are seeking asylum so better consideration can 
be given to the special needs of minors.  

Belgium  deals  with  minors  through  specific  designated  services.  A  guardian,  a  lawyer 
and, if necessary, an interpreter are automatically assigned to an identified minor. A 24 
hour  running  Guardianship  Service  is  notified  when  a  minor  is  found  at  the  border  or 
within  Belgian  territory.  Procedures  are  treated  on  a  case  by  case  basis.  The  Federal 
Agency  for  Asylum  coordinates  UAMs  who  apply  as  asylum  seekers.  The  Agency  and 
the Guardianship Service work together to ensure adequate care and to identify a durable 
solution. The majority of UAMs are accommodated in Federal Agency for the reception 
of asylum seekers (Fedasil) in open centres, or by partners such the Red Cross and local 

14  

In the Czech Republic, the Ministry of Labour and Social Affairs is responsible for questions of 
guardianship,  the  Ministry  of  Education,  Youth  and  Sports  is  in  most  cases  responsible  for  the 
accommodation  facilities  and  the  Ministry  of  the  Interior  is  responsible  for  issues  regarding  the 
stay/residence. 

44

 
 
 
 
 
 
 
 
 
 
                                                 
authorities financed by Fedasil. A limited  number  of  UAM  are  accommodated  by  local 
authorities and non-profit organisations financed through the European Refugee Fund.  

Since  the  end  of  2005,  Bulgaria  has  been  applying  a  “Coordination  mechanism  for 
referral and care of cases of unaccompanied children and children-victims of trafficking 
returning from abroad”. If the minor has been given special protection under the Law for 
Asylum  and  Refugees,  the  coordination  mechanism  is  applied  accordingly  and  the 
“Migration”  Directorate  of  the  Ministry  of  Interior  issues  a  residence  permit.  The  State 
Agency for Refugees and the National Committee to Combat Human Trafficking are also 
notified.  Until  the  durable  solution  is  found  or  the  person  reaches  the  age  of  18,  the 
Agency  provides  the  necessary  material  support,  medical  care  and  custody,  legal 
assistance and representation as well as access to free education in public schools. Minors 
are accompanied by police officers who have at least two years professional experience. 
They  may  be  supported  by  pedagogues,  psychologists,  psychiatrists,  translators,  health 
and  social  workers  or  others  when  the  execution  of  the  task  requires.  After  receiving 
protection,  UAMs  are  accommodated  in  the  specialized  institutions  for  raising  and 
educating children without parental care. 

In Cyprus the Law provides for the protection of UAMs who are under the competence 
of the Director of the Social Welfare Services. An unaccompanied minor, irrespective of 
his or her nationality, can enjoy all services applied for the protection and well-being of 
the  child.  The  best  interest  of  the  child  is  of  primary  concern.  The  Social  Welfare 
Services work in cooperation with all the relevant stakeholders, such as the Ministry of 
Health, the Ministry of Education and Culture, the Commissioner for Children’s Rights 
and others, for the smooth integration of the minor into society. 

Reception measures and access to relevant procedural guarantees apply from the moment 
an  unaccompanied  minor  asylum  seeker  is  found.  From  the  moment  an  UAM  asks  for 
asylum,  the  competent  authority  informs  the  Commissioner  for  the  Protection  of 
Children's  Rights  so  that  action  can  be  taken  as  soon  as  possible.  The  Director  of  the 
Department of Social Welfare Services is also informed in order to act as a guardian of 
the UAM and to take all measures necessary on the minor’s behalf and in his or her best 
interest.  

In  the  Czech  Republic,  all  requirements  arising  from  the  asylum  directives  have  been 
transposed  into  the  law  and  are  implemented  in  practice.  In  24  hours  from  the  first 
contact  with  UAM  the  court  decision  about  the  UAM´s  stay  is  issued  and  the  child  is 
acommodated  in  a  special  child  care  facility.  A  legal  guardian  is  appointed  from  an 
NGOs if the UAM applies for asylum. The guardian has to be present in each legal act 
with the UAM.  

Currently,  changes  in  UAMs  accommodation  system  are  being  discussed.  While  today 
almost  all  the  UAMs  with  the  foreign  background  are  accommodated  in  the  special 
Center  for  children-foreigners,  according  to  the  new  concept  individual  planning  based 
on individual needs and abilities should prevail and children will be placed in all kinds of 
childcare  centers,  ideally  together  with  the  children  of  Czech  citizenship  and  language. 

45

 
 
 
 
 
 
 
The Czech Republic expects better integration of such children and profit for both side of 
the society. 

Denmark has set up specific procedures for unaccompanied minors asylum seekers, who 
are  accomodated  in  special  facilities  for  minors.  A  personal  representative  is  appointed 
upon  recommendation  of  the  Red  Cross  to  assist  the  minor  throughout  the  asylum 
procedure. During the appeals procedure, or if the case is processed under the manifestly 
unfounded procedure, the Danish Immigration Service appoints an attorney to represent 
the minor. The Danish Action Plan for the prevention of Human trafficking also focuses 
on trafficking of minors.  

Estonia reports to have been neither a country of destination nor a country of transit for 
unaccompanied children, thus lacking experience on receiving unaccompanied children. 
However, its legal framework offers reception and procedural guarantees to UAMs and 
specifies their rights and obligations.   

According to the Finnish  Government Programme, adopted in June 2011, the detention 
of unaccompanied minor asylum seekers will be prohibited and the Government Proposal 
on the matter will be submitted to Parliament in autumn 2012 at the latest.  

Under  the  provisions  of  the  Act  the  Reception  of  Persons  applying  for  International 
Protection  (746/2011)  which  came  into  force  on  1  September  2011,  unaccompanied 
minor asylum applicants are placed in special accommodation separate from adult asylum 
applicants.  A  representative  will  be  appointed  without  delay  if  the  child  is  staying  in 
Finland  without  a  guardian  or  other  legal  representative  and  it  is  required  that  this 
representative  submits  an  extract  of  his/her  criminal  record  to  the  District  Court.  The 
representative  exercises  the  right  of  the  guardian  to  be  heard  in  matters  concerning  the 
child. The representative is not responsible for the daily care, upbringing or other care of 
the  child.  Since  the  beginning  of  2010  the  Finnish  Immigration  Service  has  been 
responsible for the training of representatives at national level.  

In  France,  the  legislation  on  entry  and  stay  of  foreigners  and  on  the  right  to  asylum 
stipulates that a minor cannot be required to have a residence permit. An unaccompanied 
minor cannot be made to leave the territory and cannot be subjected to forced removal. 

Since the introduction of the law on child protection of 5 March 2007, UAMs are placed 
into the local social services reception and care. A special unit deals with minors. A first 
check on actual isolation and age is undertaken and the minor's history is written down.  

An ad-hoc administrator is designated to represent the unaccompanied minors who apply 
for asylum during the entire course of the procedure. This administrator participates in all 
interviews conducted as part of the procedure. 

Germany's  legislation  has  given  legal  recognition  to  the  particular  need  to  protect 
refugees  who  are  unaccompanied  minors  and  has  introduced  the  duty  for  the  youth 

46

 
 
 
 
 
 
 
 
 
 
 
welfare authorities to take care of UAMs if there is the child is unaccompanied. The care 
of unaccompanied minors is provided at the local government level.  

Greece provides information on the different accommodation centres for unaccompanied 
minors  currently  active  in  the  country  and  funded  under  the  European  Refugee  Fund's 
annual  programme.  Social,  medical  care,  education  and  psychological  support  are 
provided to UAMs. In addition, reception centres for unaccompanied minors are being set 
up to provide legal and social support, funded either by the European Refugee Fund or 
exclusively from the state budget. 
The  Greek  Ministry  of  Citizen  Protection  is  planning  to  sign  a  Memorandum  of 
Understanding  with  the  International  Committee  of  the  Red  Cross,  with  the  aim  of 
providing care to unaccompanied foreign minors entering Greece in a context of mutual 
understanding and care. 

In Ireland the Refugee Act 1996 provides that where it appears to an immigration officer 
or an authorised officer that a child under the age of 18 years, who has either arrived at 
the frontiers of the State or has entered the State, is not in the custody of any person, the 
officer  shall,  as  soon  as  practicable,  inform  the  Health  Service  Executive  (HSE).  The 
provisions  of  the  Child  Care  Act  1991  apply  in  relation  to  the  child.  The  purpose  the 
Refugee  Act  1996,  as  amended,  is  twofold:  to  ensure  the  protection  of  unaccompanied 
minors by bringing them to the attention of the relevant statutory body in the State and, to 
enable them to make an asylum application via the Health Service Executive if deemed 
appropriate by that body. The services provided include multi-disciplinary assessment of 
need resulting in an individual Care Plan, the implementation of which is overseen by a 
Social Worker. 

Concerning asylum seeking, the Office of the Refugee Applications Commissioner (first 
instance determining body) has put in place guidelines in relation to the determination of 
applications  from  unaccompanied  minors  which  take  into  consideration  any  specific 
factors and circumstances arising in such cases. In developing these guidelines, account 
was taken of past experience, UNHCR guidelines and advice and the EU Children First 
Programme.  

A group of experienced interviewers has received additional specialised training to assist 
in  cases  involving  unaccompanied  minors.  In  the  interests  of  adopting  a  multi-agency 
approach,  this  training  programme  is  also  attended  by  the  Health  Service  Executive, 
Refugee Appeals Tribunal and the Refugee Legal Service. 

In  Italy  migration  of  UAMs  is  regulated  by  the  Legislative  Decree  and  Unified  Text 
Containing  the  Measures  Governing  Immigration,  prohibiting  expulsion  and  rejection  of 
foreign  minors;  and  defining  measures  regarding  minors  placed  in  foster  care  once  they 
come  of  age  and  the  establishment  of  the  Committee  for  Foreign  Minors,  an  inter-
ministerial  body  whose  responsibilities  are  regulated  by  Decree  issued  by  the  Prime 
Minister.  Municipalities  are  in  charge  of  minor  tutorship  and  housing  and  minor  host 
institutions have to be registered by the Region. Municipalities have developed a network 

47

 
 
 
 
 
 
of comprehensive services of social assistance for minors (housing, health care, education, 
integration activities, etc…). 

In Hungary both the legislation  on  asylum and the legislation on the  entry and stay  of 
third-country nationals in Hungary contain provisions aiming to ensure that a decision is 
made  on  the  future  of  each  unaccompanied  minor  within  a  reasonable  time  period. 
Hungarian legislation provides an additional procedural guarantee protecting the interests 
of  unaccompanied  minors  in  both  the  immigration  control  procedure  and  the  asylum 
procedure: unaccompanied minors are provided with a case guardian who is appointed by 
the  child  protection  service.  The  only  exception  to  the  provision  of  a  case  guardian 
applies in cases of asylum seeker unaccompanied minors who are likely to become adult 
before the refugee authority would take an in-merit decision regarding their case.  

Unaccompanied  minors  can  only  be  interviewed  in  the  presence  of  their  case  guardian 
and  cannot  be  held  in  administrative  detention.  Since  September  2011  they  have  been 
accommodated  in  a  specialised  facility  for  child  protection.  In  2010  and  2011  the 
Ministry  of  Interior  financed  two  projects  with  the  aim  of  ensuring  special  services 
appropriate  for  the  needs  of  unaccompanied  minors  with  the  help  of  the  European 
Refugee  Fund.  At  the  end  of  December  2011  the  number  of  asylum  seeker  children 
accommodated  at  the  specialized facility for  unaccompanied  minor  asylum  seekers  was 
17. Minors who have been victims of rape, serious neglect, exploitation, torture or cruel, 
inhuman  or  degrading  treatment  or  who  have  suffered  trauma  during  armed  conflicts 
receive the appropriate rehabilitation, mental care and qualified counselling.  

The  disappearance  of  unaccompanied  minors  during  the  refugee  status  determination 
procedure  is  a  common  phenomenon.  In  order  to  combat  the  disappearance  of 
unaccompanied minors in care of the Hungarian authorities all child care institutions have 
an obligation to report the disappearance of a child in their care to the Police. The Police 
then declare the child a missing person and enters his/her data on the watch list resulting 
in the information to be forwarded to the Schengen Information System.  

Lithuania's Law establishes a set of rights for unaccompanied foreign minors: the right 
to  education,  free  access  to  the  necessary  medical  care,  social  services,  legal  assistance 
guaranteed by the State, etc. Under the Law, minors are classified as a vulnerable group. 
An unaccompanied minor who has applied for asylum may not be refused entry into the 
territory of the Republic of Lithuania even if he/she arrived from a safe third country. In 
the event of submission of a manifestly unfounded asylum application or arrival from a 
safe  country  of  origin,  unaccompanied  minors  are  not  subject  to  fast-track  processing 
(where processing may not take more than seven days).  

Regardless  of  the  legality  of  their  stay  in  the  territory  of  the  Republic  of  Lithuania, 
unaccompanied minors are taken into temporary guardianship/care for the period of their 
stay,  and  the  interests  of  the  unaccompanied  minor  are  represented  by  a  temporary 
guardian/carer.  Unaccompanied  minors  are  given  accommodation  at  the  Refugee 
Reception Centre run by the Ministry of Social Security and Labour, with personnel and 

48

 
 
 
 
 
 
 
facilities  which  take  into  account  the  needs  of  persons  of  their  age.  Their  safety  is 
guaranteed.  

Unaccompanied  minors  who  have  applied  for  asylum  may  be  detained  only  as  a  last 
resort.  The  asylum  hearing  of  an  unaccompanied  minor  is  attended  by  the  minor’s 
guardian/carer  or,  where  no  guardian/carer  has  yet  been  designated,  by  an  employee  of 
the children’s rights protection service and/or a lawyer. The hearing is usually conducted 
with  an  interpreter,  who,  through  the  use  of  video  conference  equipment,  may  also  be 
from  another  Member  State.  Lithuania  receives  only  a  few  applications  from 
unaccompanied  minors  each  year,  so  hearings  are  conducted  by  the  most  experienced 
staff  that  has  been  trained  in  Lithuania  and  abroad  to  work  with  unaccompanied  minor 
asylum applicants.  

Malta's  Office  of  the  Refugee  Commissioner  is  responsible  for  evaluating  applications 
for  international  protection.  Each  individual entering  Malta,  legally  or  illegally,  has  the 
right  to  request  international  protection.  Information  is  provided  in  the  form  of  printed 
materials  and  audio-visual  presentations  produced  by  the  Office  of  the  Refugee 
Commissioner  in  thirteen  different  languages.  At  this  early  stage  the  Office  of  the 
Refugee Commissioner can identify vulnerable persons such as unaccompanied minors.  

The registration form asks third country nationals to provide basic details, including their 
date  of  birth.  The  Office  of  the  Refugee  Commissioner  uses  this  form  to  determine 
whether any of the asylum seekers claim to be under the age of 18. The Office refers such 
cases to the Standards Director for Social Protection and to the Agency for the Welfare of 
Asylum Seekers (AWAS). The latter is responsible for assessing ages. The Office of the 
Refugee Commissioner is informed when the AWAS has reached a decision concerning 
the  age  of  the  applicant.  The  Office  of  the  Refugee  Commissioner  proceeds  with  the 
applications of those determined to be unaccompanied minors only once a Care Order is 
issued and a representative or guardian is appointed.  

Additional  safeguard  procedures  have  been  introduced  with  regard  to  unaccompanied 
minors so that no later than thirty days from the issue of the care order, the guardian is 
obliged  to  inform  the  minor  about  the  meaning  and  consequences  of  the  asylum 
procedure and, where appropriate, help him to prepare for the interview.   

As a rule, the unaccompanied minor is not placed in detention, other than for a very short 
period until the medical tests are carried out. Following the tests, an (interim) care order 
is issued until the applicant’s age can be determined outside the detention centre, where 
necessary. In other cases, where it is difficult to determine whether or not an immigrant is 
an unaccompanied minor, the immigrant is housed in the detention centre with the other 
immigrants  depending  on  his/her  gender,  until  a  decision  is  taken  by  the  AWAS 
concerning his/her age. 

Malta  made  legislative  amendments  in  2010  to  the  Criminal  Code  (Cap.  9)  including 
provisions  protecting  minors.  From  2011,  a  project  is  being  implemented  with  funding 

49

 
 
 
  
 
 
 
 
from the European Refugee Fund to refurbish a centre for minors and to carry out more 
socio-educational activities by recruiting educators to work with these young people.   

The Netherlands' asylum procedure has included a ‘rest and preparation period’ during 
which  the  asylum  seeker  is  prepared  for  the  procedure  since  mid-2010.  The  minimum 
preparation  period  for  unaccompanied  minors  is  longer  than  for  other  asylum  seekers 
because of their special situation and because there are more activities planned for them 
during  this  period,  such  as  getting  to  know  their  guardian  and,  in  some  cases,  an 
investigation 
types  of 
accommodation for unaccompanied minors of different ages and level of independence. 

their  age.  The  Netherlands  has  different 

to  establish 

The  revision  of  the  policy  on  unaccompanied  minors  (presented  by  the  Minister  of 
Immigration,  Integration  and  Asylum  in 2012) places more emphasis on the role of the 
guardian;  the  policy  also  explicitly  states  that  guardians  can  express  their  views  on  the 
minor's interests at any stage of the procedure, in agreement with the lawyer. 

Unaccompanied  minors  who  go  missing  or  disappear  from  accommodation  and  whose 
details are passed on by the local police will be listed as missing in SIS so that efforts can 
be made to establish their whereabouts, following the Schengen Agreement Convention.  

Poland's  Alien  Act  of  13  June  2003  as  amended  in  2009  sets  procedures  on 
unaccompanied minors and foreigners whose psychophysical condition gives rise to the 
presumption  that  they  have  been  subjected  to  violence  or  are  disabled.  The  authority 
accepting  the  application  for  refugee  status,  submitted  by  the  unaccompanied  minor, 
immediately  applies  to  the  guardianship  court  for  the  appointment  of  a  guardian  to 
represent the minor in proceedings for granting them refugee status and their placement 
in an institution of care and education. Until the guardianship court issues a decision, the 
unaccompanied  minor  stays  with  a  professional  foster  family,  unrelated  to  the  child, 
acting as an emergency family, or in an institution of care and education.  

Before  being  interviewed,  the  minor  is  instructed  about  the  factual  and  legal 
circumstances which may have an impact on the result of proceedings regarding refugee 
status  and  about  the  possibility  of  requesting  that  the  interview  be  carried  out  in  the 
presence  of  an  adult  selected  by  the  minor.  The  interview  is  carried  out  in  a  language 
understood  by  the  unaccompanied  minor,  in  a  manner  appropriate  with  respect  to  their 
age,  maturity  and  mental  development  and  taking  into  account  the  possibility  that  they 
may  have  limited  knowledge  of  the  actual  situation  in  their  country  of  origin.  The 
unaccompanied minor is interviewed in the presence of a guardian; the adult selected by 
the  minor,  provided  that  this  will  not  impede  the  proceedings;  and  a  psychologist  or 
educator who prepares the opinion on the minor’s psychophysical condition. Moreover, 
the unaccompanied minor is entitled to use free-of-charge legal support, both in first and 
second instance proceedings. 

The  Polish  National  Contact  Point  at  the  European  Migration  Network,  located  at  the 
Ministry of Interior, has been disseminating knowledge about the issue of unaccompanied 

50

 
 
 
 
 
 
 
 
 
minors, inter alia, by distributing a report prepared by the European Migration Network: 
‘Unaccompanied  Minors  —  an  EU  comparative  study’,  both  during  domestic  meetings 
and international conferences. 

The  Border  Guard  authority  was  the  beneficiary  of  the  project  carried  out  by  the 
Nobody’s  Children  Foundation,  entitled  ‘Information  and  education  campaign  about 
threats  to  children  and  youth  posed  by  commercial  sexual  abuse,  child  prostitution  or 
trafficking in human beings during EURO 2012 championship’. The Chief Commander 
of  the  Border  Guard  holds  honorary  patronage  over  this  campaign.  According  to  the 
project’s provisions, the Border Guard participated in propagating information addressed 
to  the  general  public  concerning  the  commercial  abuse  of  children  and  youth  (in 
particular in the aspect of sexual abuse and so-called ‘sponsoring’), in particular during 
the EURO 2012 European Football Championship. 
The  above-mentioned  initiatives  took  place  in  cities  where  football  games  were  taking 
place  during  EURO  2012  (i.e.  Warsaw,  Wrocław,  Gdańsk,  and  Poznań).  These 
workshops were targeted, in particular, at the identification of potential victims who are 
minors, including the abuse of minors in the scope of trafficking in human beings. The 
workshops  were  attended  by  the  so-called  ‘first-line’  officers  who  have  contact  with 
society on an everyday basis as a part of their official duties. Plans for 2012 provide for 
more training sessions, including those for Border Guard coordinators for preventing and 
combating trafficking in human beings, located at all organisational units of the Border 
Guard. 

Portugal's admission procedures for accompanied/unaccompanied minors are laid out in 
Law  23/2007  of  4  July  2007  and,  where  applicable,  in  Law  27/2008  of  30  June  2008 
(asylum).  In  addition  to  the  general  requirements,  the  national  border  posts  carry  out 
procedures  that  are  specifically  aimed  at  the  movement  of  minors  in  and  out  of  the 
country.  The  border  guards  can  access  an  internal  portal  that  contains  legislation  and 
various documents that should be consulted, mainly the European Commission's Action 
Plan  2010-2014  regarding  unaccompanied  minors,  as  well  as  Frontex  Guidelines 
regarding  preventing,  combating  and  protecting  against  child  trafficking.  When  minors 
enter or leave the country, their best interests are taken into account and all the necessary 
and appropriate conditions are created for their protection and/or assistance, in the light 
of their age and individual circumstances. 

The  procedures  also  establish  that  experts  may  be  called  on  to  report  on  specific 
questions,  in  particular  of  a  medical  or  cultural  nature.  Rights  and  protection  of  any 
category of children and young people at risk, in such a way as to guarantee their well-
being  and  overall  development  are  also  recognized  by  Law.  The  protection  of  these 
children falls to the entities responsible for children and young people, the Immigration 
Service,  the  Commissions  for  the  Protection  of  Children  and  Young  People,  the  public 
prosecution authorities, the courts and the Portuguese Council for Refugees. Owing to the 
small number of such cases in Portugal, it is possible to monitor these minors closely. 

In  accordance  with  Portuguese  law,  minors  who  are  third-country  nationals  cannot  be 
detained  for  breaking  the  laws  applicable  to  foreigners  who  enter  and  remain  in  the 

51

 
 
 
 
 
 
country.  The  law  facilitates  the  regularisation  of  minors  found  to  be  in  an  irregular 
situation on national territory, without prejudice to national or international measures to 
identify the holders of parental responsibility, or to grant guardianship or have recourse to 
voluntary  repatriation  programmes.  Unaccompanied  minors  have  full  access  to  health 
care  and  pre-school  and  school  education  with  the  same  rights  and  guarantees  that  are 
granted to minors in Portugal. 

Portugal  also  reports  of  a  refugee  children  support  centre  that  was  opened  in  a 
neighbourhood  of  Lisbon  with  the  joint  efforts  of  the  Municipality  of  Lisbon  and  a 
private company.  

In  Romania,  the  best  interest  of  the  child  is  a  basic  principle  both  in  the  asylum 
procedure  and  in  the  context  of  minors  taken  into  public  custody  pending  removal. 
Request for asylum from unaccompanied minors are given priority in the asylum system. 
The Romanian Immigration Office shall ensure the appointment, in the shortest time, of a 
legal representative to assist the unaccompanied minor asylum seeker during the asylum 
procedure.  The  legal  representative  and  the  unaccompanied  minor  asylum  seeker  are 
informed  in  a  language  which  the  latter  knows,  about  the  possibility  of  performing  a 
medical examination to determine his/her age.  

Asylum  seekers  benefit  from  the  confidentiality  of  all  data  and  information  about  their 
case.  Interview  with  unaccompanied  minors  shall  be  performed  by  decision  officers 
specialized in this field, which will take into account the special situation of these people. 
Asylum  seekers  are  provided,  free  of  charge,  an  interpreter  throughout  the  asylum 
procedure.  The  unaccompanied  minor  can  be  assisted  by  a  lawyer  or  a  legal  counselor 
from an NGO or UNHCR, according to the national asylum legislation.  

Minor asylum seekers are entitled to have access to compulsory education under the same 
conditions  as  Romanian  minors.  To  facilitate  their  access  to  the  Romanian  education 
system, minor asylum seekers receive free of charge, during a school year, a preparatory 
language course for the entry into the national education system.  
In case the application of an unaccompanied minor for granting protection is rejected by a 
final  and  irrevocable  decision,  the  General  Direction  for  Social  Assistance  and  Child 
Protection implements the actions foreseen by the law in order to establish a measure of 
protection for the latter, requesting in this respect the courts to establish the placement of 
the child in a special protection service. The measure of protection lasts until the return of 
the child to the country of residence of the parents or to the country where other members 
of the family have been identified as willing to receive the child authority. 

In  the  Slovak  Republic,  the  police  takes  the  appropriate  measures  concerning 
unaccompanied  minors  through  its  border  and  aliens  departments  (identification, 
emergency  healthcare  where  necessary,  investigation  of  the  facts  and  the  reasons  for 
crossing the State border, informing the competent bodies that an unaccompanied minor 
has  entered  Slovak  territory,  issue  of  unaccompanied  minors'  residence  permits  and 
assistance  with  returns)  and  collaborates  with  the  competent  authorities  and  specialist 

52

 
 
 
 
 
 
 
civil-society  organisations  (Office  of  Labour,  Social  Affairs  and  Family,  International 
Organisation for Migration in the Slovak Republic, Human Rights League).  

The Act on the social and legal protection of children and social care specifies procedures 
to  take.  If  the  minor  has  no  legal  representative  or  the  legal  representative  cannot 
represent  him  or  she  in  proceedings,  the  court  appoints  a  guardian  for  the  minor 
immediately  after  taking  an  interim  measure.  In  urgent  cases,  continuous  assistance  for 
the  child  is  provided  by  duty  officers  of  the  social  and  legal  protection  of  children  and 
social care authority. 

UAMs have the same rights as every other child who is a citizen of the Slovak Republic. 
Elementary  language  preparation  is  carried  out  in  the  Children´s  Home  (specialized 
Slovak  Language  text  books).  Further  education  is  provided  by  the  Academy  of 
Education. The Children´s Home for UAM is obliged to find out, if possible according to 
child´s  age  and  mental  development,  the  child´s  perspective  on  all  factors  affecting 
him/her (relocation, family reunification, return to the country of origin, asylum). 

Slovenia's International Protection Act provides that, in the case of proceedings with an 
unaccompanied  minor  applicant  for  international  protection,  it  is  necessary  to  abide  by 
the principle of the child's best interests. The first step is to establish the minor's identity 
and launch the process of looking for parents as soon as possible, to treat the application 
as a priority and to grant the child a legal representative who will represent him/her in the 
procedure  for  granting  international  protection  and  protect  his/her  rights  in  the  area  of 
health and education. The Act also stipulates that unaccompanied minors must receive an 
oral  explanation  of  the  information  on  rights  and  duties  in  the  procedure  in  a  language 
that they understand, and that this explanation must be provided in way that is adapted to 
their  age  and  level  of  mental  development.  When  an  unaccompanied  minor  who 
expresses the intention to submit an application for international protection arrives at the 
Asylum Centre, he/she is housed in the reception premises intended for unaccompanied 
minors  and  subsequently  in  the  accommodation  section  of  the  Asylum  Centre  intended 
for unaccompanied minors.  

At the same time, in the case of unaccompanied minors to whom international protection 
has been granted, the law provides that it is necessary to take into account the child best 
interest  and  immediately  after  the  status  has  been  granted  appoint  him  a  legal 
representative.  They  have  the  right  to  live  with  adult  relatives  or  a  foster  family  or  to 
reside in suitable accommodation for minors. To this end, the Ministry of the Interior has 
renovated  the  ground  floor  of  the  Integration  House  in  Ljubljana,  which  is  now  used 
exclusively to house unaccompanied minors.   

In October 2010, Slovenia set up an interdepartmental working party on unaccompanied 
minors,  including  representatives  of  the  Ministry  of  the  Interior,  the  Ministry  of 
Education  and  Sport  and  the  Ministry  of  Labour,  Family  and  Social  Affairs  and  a 
representative  of  non-governmental  organisations.  In  2011  the  intergovernmental 
working  party  completed  its  examination  and  assessment  of  the  current  situation  with 
regard  to  unaccompanied  minors  in  Slovenia,  and  in  2012  guidelines  and  proposals  for 

53

 
 
 
 
 
 
 
comprehensive,  systematic  provision  of  suitable  protection,  care  and  assistance  to 
unaccompanied minors will be prepared. 

Spain amended substantially its Alien Constitutional Law at the end of 2009 and then in 
April  2011  the  Implementing  Regulation  of  this  important  law,  among  other  reasons  to 
introduce  new  substantive  and  detailed  procedures  on  minors'  return.  Protection  of 
minors  who  are  victims  of  trafficking  is  also  covered.  Reception,  protection  and 
procedures are also determined by the Law. 

The  Asylum  Law  of  2009  establishes  that  unaccompanied  minors  seeking  international 
protection will be sent to the departments responsible for child protection and this shall 
be reported to the Public Prosecutor. Measures shall be taken immediately to ensure that 
the  representative  of  the  minor,  appointed  in  accordance  with  current  legislation  on 
protection  of  minors,  will  act  on  behalf  of  the  unaccompanied  minor  and  assist  him  in 
examining the international protection application. 

In  Sweden  a guardian ad litem is appointed for every unaccompanied minor, regardless 
of whether he or she claims asylum and this is initiated as soon as a minor is identified as 
unaccompanied.  In  general,  an  initial  interview  is  held  when  an  asylum  application  is 
lodged at the Migration Board. The municipalities are responsible for providing housing 
and care to unaccompanied minors.  A staff of eight or nine therapists or counsellors and 
a director are assigned for each 10-15 housing places, called "homes for care", with one 
employee  who  stays  overnight  at  the  facility.  The  Swedish  Social  Welfare  Board  may 
decide on placement in a foster family, previously assessed.  According to the Swedish 
system,  the  only  ground  for  detaining  children  or  families  with  children  is  related  to 
return  procedures.  Children  are  never  detained  for  border  security  or  immigration 
purposes, or in other premises than the Swedish Migration Board’s detention centers. 

The United Kingdom complies with this Action Plan by considering the best interests of 
the  child  whenever  a  case  is  subject  to  review  or  when  an  immigration  decision  is 
taken.  The UK Border Agency deals with asylum applications from children in a prompt 
and  appropriate  manner  ensuring  that  their  best  interests  are  considered  throughout.  In 
cases  where  applications  for  asylum  are  not  successful,  unaccompanied  children  are 
granted discretionary leave which can ultimately last until they are 17 and a half.  This 
then enables them to submit a further application and have that decided promptly so that 
when they are 18, there is clarity around their status in the UK. 

The Government’s new Missing Children and Adults Strategy provides a core framework 
for  local  areas  to  put  in  place  better  arrangements  to  prevent  children  and  adults  going 
missing  and  provides  a  core  framework  of  objectives  for  local  agencies  to  review  the 
arrangements they have in place and consider whether they can and should be doing more.  

54

 
 
 
 
 
 
 
 
 
IV. 3.  Age assessment and family tracing 

IV.3.1. Actions at the EU level  

The Commission will issue best Practice Guidelines, in collaboration with scientific 
and  legal  experts  and  in  cooperation  with  European  Asylum  Support  Office  who 
will prepare technical documents on age assessment. 

European  Asylum  Support  Office  is  invited  to  organise  training  activities  on  age 
assessment, prepare a module within the European Asylum Curriculum and a best 
practice handbook. 

•  Belgian  Presidency  seminar  'Unaccompanied  Minors:  children  crossing  the 
external  borders  of  the  EU  in  search  of  protection',  9  –  10  December  2010, 
Brussels.  The  conference  was  co-financed  by  the  Commission  (EBF)  and  was 
focussed on age assessment and protection of children from the first encounter.  
A  background  discussion  paper  had  been  prepared 
'Identification  of 
Unaccompanied and Separated Children: Exploring Age Assessment Challenges' 
and the conference resulted in Recommendations (Recommendation no 7 and 13 
of  the  Recommendations  on  Child  Protection  Safeguards  at  the  Border  and  on 
First  Encounter;  and  Recommendation  no  2  on  Recommendations  on  Potential 
the 
Transnational  Actions  concerning  Border  Crossings  contribute 
Implementation of the EU Action Plan on Unaccompanied Minors) 

to 

•  The 2012 Work Programme includes a section on the activities EASO is expected 
to  carry  out  in  the  context  of  the  implementation  of  the  Action  Plan  on 
Unaccompanied  Minors  (2010-2014)  and  lists,  among  objectives  for  2012,  the 
following:  
o  deliver technical documentation on age assessment. Start developing training 

activities and handbook on age assessment; 

o  set-up working group on age assessment (5-10 members) with 4 meetings in 

2012; 

o  organise 4 expert meetings (Member States, EC, UNHCR, and other relevant 

partners) on UM, best practices and age assessment.  

o  In  March  2012,  EASO  commissioned  a  questionnaire  to  consult  with  wider 
civil society, including legal experts, academics, NGOs and others about their 
views  on  age  assessment.  This  research  will  contribute  to  informing  future 
discussions, identifying key areas for consideration and developing documents 
and guidance on age assessment. 

o  Expert meetings on interviewing techniques & methods, use of x-ray/medical 
evidence, legal aspects & roles of the courts & judiciary due to be held from 
July  2012  onwards  will  involve  contributions  from  relevant  experts.  The 
outcome  of  these  meetings  will  also  contribute  to  the  development  of  future 
training materials and guidance on age assessment. 

o  The budget allocated to the tasks is 290 000 euro. 

55

 
 
 
 
 
 
 
• 

•  During  2011  EASO  updated  the  EAC  ‘Interviewing  Children’  module.  This 
module addresses training needs of asylum officials so that they are equipped to 
consider complex issues of gender, trauma and age; it also ensures that interviews 
with minors are conducted in a child-friendly manner.  
In July 2012 an expert meeting on Interviewing techniques & methods was held. 
As  part  of  the  expert  meeting,  participants  (including  experts  in  the  field  of 
asylum)  were  invited  to  take  part  in  and  feedback  on  the  EAC  module, 
‘interviewing  children.’  The  outcome  of  which  will  be  used  as    a  basis  for 
identifying  future  development  of  the  module  as  well  as  other  training  needs 
relating to Unaccompanied Minors. 
In November 2012 an expert meeting concentrating on the identification of good 
practice and the way forward for age assessment will take place. The outcome of 
these meetings will contribute to the development of future training materials and 
guidance on age assessment. 

• 

Member States should use the Visa Information System (VIS), once operational, to 
verify the identity of an unaccompanied minor if he/she is registered and under the 
conditions of Article 19 of the VIS Regulation. 

Visa information System went life on 11 October 2011.  

The Commission will support Member States in mutual assistance in family tracing 
in countries where one Member State has established functioning networks for this 
purpose. 

The Commission will promote a common approach (i.e. best practice guidelines) to 
age  assessment  and  family  tracing  including  on  how  to  address  these  issues  in  the 
context of appeals. 

An expert group meeting took place in March 2012. 

•  Meeting of the Expert Group on Unaccompanied Minors on family tracing:  

On  26  March  2012  the  Commission  organised the second meeting of the  expert 
group  on  unaccompanied  minors  devoted  to  the  issue  of  family  tracing.  The 
meeting was attended by the representatives  of the Member States, international 
and  non-governmental  organisations  and  EU  institutions.  It  was  concluded  that 
without  involvement  of  countries  of  origin,  families,  legal  guardians  or 
appropriate  minor  caring  entities,  family  links  cannot  be  restored  and  minors 
cannot be returned to a safe environment. Spain and France presented  how they 
cooperate with countries of origin and Italy explained how tracing is carried out 
by  IOM.  Despite  Member  States'  divergent  approaches  to  family  tracing,  some 
rules  and  practices  developed  at  national  level  could  be  usefully  shared  among 

56

 
 
 
 
 
 
 
 
 
 
 
  
Member States. It was therefore proposed that a questionnaire would be drawn up 
to catalogue the information and share best practice on family tracing. 

•  Under  the  Return  Fund  Community  Actions  2009,  a  project  led  by  Swedish 
Migration  Board  (in  partnership  with  NL,  NO,  UK)  called  European  Return 
Platform  for  Unaccompanied  Minors  (ERPUM)  addresses  (among  other  issues) 
the issue of tracing parents/guardians, notably through establishing tracing contact 
points. The project started in January 2011 with duration of 18 months. 

•  The 2011 Work Programme of the Return Fund called, amongst other things, for 
projects  concerning  family  tracing,  monitoring  of  returned  minors  and  reception 
centres for returned UAMs. 

IV.3.2. Actions in EU Member States  

According  to  replies  received,  age  assessment procedures  are  being  carried  out  in  most 
Member  States,  with  the  exception  of  BG.  These  procedures  follow  similar  technical 
protocols,  in  which  full  explanation  is  provided  to  the  minor  and  guardian  and  legal 
services  are  duly  informed.  When  doubt  persists  the  adolescent  is  declared  a  minor,  as 
reported by BE, ES, FR, IE and IT. If the adolescent refuses to undergo testing, then CZ, 
FI, LT, NL, PT, RO and SK would declare him an adult. 

As for family tracing 15 Member States report practice in the field – AU, BE, DE, EE, 
EL,  ES,  FI,  IT,  HU,  LT,  NL,  PL,  RO,  SE,  SI  and  UK.  All  of  them  report  on  the 
difficulties encountered in countries of origin. BE, ES, IT, HU, LT, NL and PL explain 
procedures  on  consular  cooperation  and  international  legal  assistance  for  tracing  the 
minor's relatives. AU, BE, DE, FI, IT, HU, LT, NL, PL, RO and SI rely on cooperation 
with  International  Organizations  and  NGOs  working  in  the  field,  mainly  IOM  and  the 
Red Cross. PL and SE have developed guidelines for family tracing, AU is working on 
common standards and ES and Morocco have drafted a common protocol to be followed 
to trace families.         

Detailed information from Member State reporting 

The Austrian Federal Ministry for the Interior has developed best practice guidelines on 
age assessment. According to the Asylum Act, in cases of doubt an age diagnosis should 
be made before starting other aspects of the asylum processes and to the best interest of 
the child. When unaccompanied minors undergo an age determination, they are informed 
in  a  languge  they  understand.  They  are  provided  with  information  about  the  doubts 
concerning  their  age,  the  applicable  method  and  the  consequences  if  they  refuse  to 
undergo  the  medical  examination.  The  age  assessment  is  conducted  by  experts  i.e. 
Ludwig  Boltzmann  Institute  of    Forensic  Medicine.  If  there  is  still  doubt  after  the  age 
assessment has been conducted the person is treated as a minor (“In dubio pro minore”). 

57

 
 
 
 
 
 
 
 
 
 
 
As regards family tracing, a project on support for asylum procedures for unaccompanied 
minors  is  developping  standards  elaborated  in  an  earlier  project.  The  project  aims  to 
promote  further  training  of  the  legal  advisors,  workshops  with  the  locally  competent 
youth  welfare  offices,  and  to  develop  quality  standards  for  interpreters.  A  brochure 
specially designed for children shall be developed for better information of UAMs about 
their  rights  and  obligations  in  asylum  procedures.  Furthermore,  there  should  be  a  desk 
review  of  procedures  in  selected  EU  Member  States  to  inform  the  development  of 
recommendations on family tracing in Austria. 

Belgium's  legal  framework  caters  for  age  determination  and  the  corresponding 
procedures  and  tests,  informing  the  minor  and  his  guardian  on  the  different  steps  to  be 
taken.  Only  in  case  of  doubt  concerning  the  age,  concerning  the  age,  a  medical 
examination  is  carried  out  consisting  of  a  general  examination  and  three  radiographs 
(wrist,  collar  bone  and  teeth)  to  determine  the  age  and  the  youngest  age  is  taken  into 
consideration.  The  guardianship  service  is  responsible  for  age  determination  and  the 
Alien  Office  reports  to  this  service  when  a  suspected  minor  has  been  identified  and 
doubts were raised concerning his declared age. Concerning family tracing, the guardian 
is responsible provided that the UAM agreed to initiate tracing. The Alien Office and the 
Consular posts abroad cooperate jointly in the matter.   

In  Cyprus,  in  case  of  use  of  medical  examinations,  the  Refugee  Laws  2000-2009 
provides  that  the  Asylum  Service  should  ensure  that  the  unaccompanied  minor  is 
informed  prior  to  the  examination  of  his  application,  and  in  a  language  which  he  can 
reasonably  be  expected  to  understand.  Also  the  Asylum  Service  ensures  that  the 
unaccompanied minor and/  or  his  representative consent to carry out an examination to 
determine the  age of the unaccompanied minor.  The  Social  Welfare  Services  cooperate 
with  the  International  Social  Services  where  applicable,  for  tracing  the  parents  of  the 
unaccompanied minor and where possible achieve family reunification. 

In the  Czech  Republic age assessment  procedure can  be  demanded by the Ministry of 
the Interior (in asylum procedure), by the police, by the director of a child care facility 
and by the court. There is only an x-ray of a wrist taken, no other methods are used. The 
age assessing statement is carried out by an anthropologic and a pediatric doctor. On that 
basis the  police, Ministry of the Interior or the court can decide if a person is under or 
over  18  years  of  age.  Final  decision  depends  on  the  certainty  of  the  assessment.  When 
there are doubts, the authorities decide in the benefit of the person concerned (in dubio 
pro  reo).  In  the  asylum  procedure  if  a  medical  examination  is  refused,  the  applicant  is 
regarded to be of legal age (adult). There were 3 age assessments in asylum process made 
in the beginning of the year 2012, all of these asylum seekers were assessed as adults. 

In  Denmark  age  assessment  is  conducted  by  the  Institute  of  Forensic  Medicine,  under 
the presence of the minor's guardian and procedures and legal guarantees are catered for 
in  relevant  Danish  legislation.  The  latest  figures  from  the  National  Police  show  that  in 
2010, 166 out of 246 persons assessed were determined to be above 18 years. Decisions 
can be appealed and lodged at the Ministry of Justice. 

58

 
 
 
 
 
 
 
 
Family tracing is launched by the Danish Immigration Service and if the minor agrees to 
it. The search services of the International Red Cross may be used. 

The Estonian Police and Border  Guard Board  require  age  assessment to be carried  out 
only when there are doubts as to whether the person concerned is a minor. Assessments 
are  carried  out  by  the  Estonian  Forensic  Science  Institute.  With  regard  to  tracing  the 
family  of  unaccompanied  minors,  Estonian  authorities  cooperate  with  the  Estonian  Red 
Cross.  

In Finland the provisions on medical age assessment in the Aliens Act (301/2004) came 
into force on 1 August 2010. A medical age assessment may be carried out to establish 
the  age  of  a  sponsor  or  an  alien  applying  for  a  residence  permit  if  there  are  reasonable 
grounds for suspecting the reliability of the information the person has given on his or her 
age. The examination requires the consent in writing of the person to be tested and his/her 
to  undergo  an 
parent/guardian/other 
examination is treated as an adult if there are no reasonable grounds for refusal. 

legal  representative.  Anyone  who  refuses 

In  2007,  the  Finnish  Immigration  Service  signed  a  cooperation  agreement  with 
International  Social  Service  regarding  family  tracing.  Tracing  is  a  lengthy  process  and 
has  not  given  many  results;  very  few  guardians  of  unaccompanied  minors  have  been 
traced.  In  2010,  the  Finnish  Immigration  Service  received  5  reports  in  response  to  18 
requests. In 2011, 19 requests for tracing were sent: in 6 cases guardians were traced, and 
in 13 cases guardians were not traced or tracing was discontinued.  

In France local authorities follow their procedures, so no single procedure is followed at 
national  level.  However,  there  are  some  common  steps:  document  determination, 
interviews  and  if  doubts  arise  on  minor's  age,  intervention  of  the  judiciary  for  medical 
age determination. In case of doubt, minors will be considered as such.  

In Germany a medical age examination is possible if the competent aliens office decides 
so.  Within  asylum  procedures  the  Federal  Office  for  Migration  and  Refugees  may  use 
those or other age assessments if they seem to be plausible. Else the Federal Office may 
perform  an  age  assessment  by  an  experienced  and  specially  trained  staff  member  who 
talks to the applicant and tries to form an opinion, whether the applicant has the looks and 
the behaviour of an adult or not. If there is reasonable doubt that the applicant concerned 
is an adult, he will be treated as a minor.  
The  local  authorities  cooperate  with  the  UNHCR  or  the  search  services  of  the 
International Red Cross for tracing the parents of the unaccompanied minor. 

In  Greece  the  competent  screening  authorities  can  use  medical  examinations  for  age 
determination.  In  this  case,  care  is  taken  so  that  unaccompanied  minors  are  informed, 
before  their  application  is  examined.  The  information  is  provided  in  a  language  UAMs 
understand and concerns the method used and the consequences of refusal to undergo the 
medical  examination.  The  decision  to  reject  an  application  for  asylum  from  an 
unaccompanied minor who has refused to undergo medical examination cannot be based 

59

 
 
 
 
 
 
 
 
solely on that refusal and until the medical examination has been completed; the person 
who claims to be a minor shall correspondingly be treated as a minor. 

With regard  to family tracing,  the  competent Public Prosecutor takes  necessary  steps  to 
determine the identity and nationality of the foreign minor and to find the minor's family.  

In  Ireland,  the  Office  of  the  Refugee  Applications  Commissioner  (ORAC)  does  not 
undertake formal age assessment but does form opinions as to the age of applicants who 
may or may not be under 18 years. This is usually done after consultation with the Health 
Service  Executive  (HSE).  The  current  procedure  in  place  in  ORAC  is  where  there  is  a 
doubt  that  the  person  in  question  is  actually  under  18  as  claimed;  an  authorised  officer 
will talk to the individual to try to form a reasonable opinion as to whether the person is 
under or over 18 years old. The procedure involves an informal interview carried out by 
an experienced staff member, with the assistance of an interpreter if required. If there is 
any doubt, a fairly wide benefit is of course given in favour of the applicant and they are 
referred to the HSE as being under 18. The process tends to be difficult as the majority of 
asylum  applicants  provide  no  satisfactory  documentary  evidence  of  their  stated  name, 
nationality,  age  or  how  they  travelled  to  the  State.  The  ORAC  policy  is  to  follow  the 
views of the HSE regarding the age of the person concerned. 

Italy's  Public  Security  authorities  are  in  charge  of  identification  of  unaccompanied 
foreign minors, working in collaboration with the consular and diplomatic representatives 
of  the  country  of  origin  of  the  minor.  Guidelines  containing  requirements  have  been 
elaborated  by  responsible  administrations,  ANCI  (National  Association  of  Italian 
Municipalities)  and  Save  the  Children-Italy  NGO,  in  order  to  improve  age  assessment 
procedures  of  unaccompanied  foreign  minors.  The  guidelines  are  based  on  the 
international provisions aiming at protecting rights of minors. The experience of the last 
months with regard to the North Africa Emergency showed the presence of a lot of young 
people,  clearly  adults,  who  declared  to  be  minors  and  whose  presence  represents  a  risk 
for real minors hosted in dedicated structures. 

The Committee for Foreign Minors is in charge of family tracing in the country of origin 
of  unaccompanied  foreign  minors.  Such  a  body  is  responsible  for  starting  family 
investigations in collaboration with IOM which supports family tracing and gives useful 
information  to  understand  context  of  origin  of  the  minor.  Through  interviews  and 
meetings  with  the  family,  IOM  defines  family  and  local  background  for  each  minor  in 
order to be able to give to Municipalities, responsible social assistants and operators the 
required  information  on  the  family  history  and  reasons  for  migrating  and  evaluate 
possible chances of reintegration in the country of origin, based on the sustainability of 
the action and on the best interest of the minor. 

In Hungary the age of unaccompanied minors who are not asylum seekers and the age of 
asylum seekers who apply for asylum are determined by a medical expert where there are 
doubts  about  their  age.  When  there  is  still  doubt  about  the  age  of  the  person  following 
this determination the person is considered to be a minor.  

60

 
 
 
 
 
 
 
 
Since September  2011,  a  complex  age  assessment  procedure  has  been  put  in  place  for 
asylum  seekers  who  claim  to  be  minors,  if  the  minor  status  is  disputed  by  the  refugee 
authority.  The  complex  age  assessment  usually  includes  an  anthropological  assessment, 
as  well  as  a  dental  and  an  x-ray  examination  and  is  conducted  by  qualified  medical 
professionals. The new practice allows for a more holistic approach, a faster examination 
and also makes age assessment examinations uniform for all asylum seekers. A margin of 
error  is  envisaged  for  each  examination  applied,  therefore  if  the  results  of  the 
examination  (a  range  of  years,  such  as  17-19)  include  the  minor  age,  the  person  is 
considered  to  be  a  minor.  There  is  no  separate  legal  remedy  against  the  decision 
determining the age of the applicant but this decision can be challenged together with the 
decision taken on the merits of the application.  

It is the obligation of the refugee authority to take action to trace the person responsible 
for the unaccompanied minor with the exception where it can be presumed that there is 
conflict  of  interest  between  the  person  responsible  for  the  minor  and  the  minor  or,  if 
tracing the person responsible for the minor is in the best interests of the child. In practice 
this  tracing  is  usually  conducted  by  the  Hungarian  Red  Cross  on  the  basis  of  the  data 
provided by the minor. In certain cases other Member States and the authorities of third 
countries can also be contacted in the framework of international legal assistance.  

In  Lithuania,  in  case  of  reasonable  doubt  concerning  the  minor's  age,  the  Migration 
Department  under  the  Ministry  of  the  Interior  may  take  the  decision  to  have  the  age 
assessed. Age assessment of an unaccompanied minor is carried out only with the consent 
of the asylum applicant or his/her guardian. If the asylum applicant refuses to undergo an 
assessment without a valid reason, other data are assessed.  

Upon  receiving  information  about  an  unaccompanied  minor  asylum  applicant,  the 
Migration  Department  must  work  together  with  representatives  of  Lithuanian  non-
governmental  or  international  organisations  and  the  unaccompanied  minor’s  temporary 
guardian/carer to organise immediate tracing of his/her family members in order to locate 
them or their close relatives, unless this is contrary to the child’s interests.  

In  2011,  Malta  improved  the  age  assessment  system  by  introducing  the  possibility  of 
issuing  interim  care  orders  as  well  as  definitive  care  orders  enabling  the  minors  to  be 
removed  from  the  closed  centres  as  quickly  as  possible,  even  if  further  investigations 
concerning  their  age  are  necessary.  There  is  also  a  pilot  project  -  Sparklet  (Supporting 
Closed and Open Centres through Profiling, Action Research and Knowledge Transfer) – 
which partially focuses on tracing of the families of unaccompanied minors. This project 
is co-financed by the European Refugee Fund. 

In The Netherlands age assessment is carried out if UAMs cannot produce documents to 
prove their identity and if there are doubts about the stated minority. X-rays of wrist and 
collarbones are used to determine bone age and conclude whether the foreign national is 
definitely over the age of majority or it is likely that he or she is a minor. The procedure 
is described in a Protocol. If the UAM, who is offered an age assessment because there 
are  doubts  about  his  minority,  refuses  the  assessment,  he  is  considered  an  adult.  Age 

61

 
 
 
 
 
 
 
 
assessment is monitored by an independent committee which in April 2012 has published 
a report of its findings and recommendations. Overall, the committee concludes that the 
method used in the Netherlands, and the way it is applied, is scientifically correct and that 
the procedure is accurate. 

During  the  asylum  interviews  unaccompanied  minors  are  asked  about  family  members 
and  their  whereabouts.  The  Repatriation  and  Departure  Service  is  actively  involved  in 
tracing  family  members  and  reuniting  unaccompanied  minors  with  their  families. 
Returning them to family or friends is preferable to returning them to a care home. On the 
basis of a tracing request, the Ministry of Foreign Affairs can inform the Repatriation and 
Departure  Service 
the  possibilities  for  suitable 
accommodation.  If  suitable  accommodation  has  been  found  and  the  unaccompanied 
minor has the necessary travel documents, the minor will be escorted by the Repatriation 
and Departure Service during the trip back to the country of origin and handed over to the 
family  or  care  institution  there.  In  cases  of  independent  departure  the  minor  will  be 
escorted by the IOM. 

individual  report  about 

in  an 

Poland's  Act of 13 June 2003, Article 30(1) on granting protection to foreigners in the 
territory  of  the  Republic  of  Poland,  states  that  a  foreigner  claiming  to  be  a  minor  can 
undergo,  upon  their  own  consent  or  the  consent  of  their  statutory  agent,  a  medical 
examination  in  order  to  determine  their  actual  age  if  there  is  any  doubt  concerning  the 
person's age. The result of the medical examination should indicate the person’s age and 
provide the margin of error. The Office for Foreigners and the Polish Red Cross have a 
model  of  practical  cooperation  regarding  the  search  for  relatives  of  unaccompanied 
minors applying for refugee status in the Republic of Poland. 

In Portugal, all necessary steps are taken in order to ascertain the minor's identity. This 
may include establishing their age. In accordance with Law 23/2007 of 4 July 2007, there 
are mechanisms in place not only to identify unaccompanied  minors  and  establish their 
nationality, but also to locate their family. With a view to protecting the unaccompanied 
minor's best interests, the Asylum Act also establishes that efforts must be made to find 
the  minors'  family  members  in  collaboration  with  the  other  entities  involved  in  the 
procedure, as well as the Ministry of Foreign Affairs. 

In Romania, in case the unaccompanied minor cannot prove his age and there are serious 
doubts  about  his  minority,  the  Romanian  Immigration  Office  calls  for  a  forensic 
assessment of age determination of the applicant, with the prior consent in writing of the 
minor  and  of  the  legal  representative.  If  the  asylum  seeker  and/or  his/her  legal 
representative refuse the forensic age assessment and no conclusive evidence are brought, 
he/she  will  be  considered  an  adult  (it  will  be  considered  that  the  person  has  turned  18 
years of age at the date of submitting the asylum application). This procedure does not 
apply if there are solid reasons for the refusal to perform a forensic examination for age 
determination,  found  during  the  evaluation  made  by  a  psychologist  from  the  Romanian 
Immigration Office.  

62

 
 
 
 
 
 
 
Family  reunification  of  unaccompanied  minors  is  guaranteed  by  national  law,  which 
complies  with  identification  of  parents  regardless  of  their  place  of  residence,  for  the 
purpose  of  family  reunification.  But  if  the  parents  or  other  family  members  are  not 
identified or if the minor is not accepted in the country of origin, he/she will be allowed 
to have a temporary residence in Romania. If the family of the unaccompanied minor was 
found,  the  possibility  and  the  conditions  to  achieve  reunification  will  be  analyzed,  a 
motivated decision being issued in this respect. 

Tracing  of  unaccompanied  minor  asylum  seekers  family  is  made  as  soon  as  possible. 
Unaccompanied minor asylum seeker's opinion on finding his or her family is taken into 
account and is given due importance according to his/her age and maturity.  

Slovenia's  International  Protection  Act,  states  that  in  a  procedure  concerning  an 
unaccompanied  minor  it  is  necessary  to  establish  the  minor's  identity  and  to  launch  the 
procedure for looking for his or her parents or other relatives as soon as possible. In cases 
in which international protection has been granted the unaccompanied minor concerned 
has the option of requesting family reunification with his/her parents.  

Slovenia  has  not  yet  developed  any  special  mechanisms  for  determining  the  age  of 
unaccompanied minors.  

In the Slovak Republic the procedure for assessing the age of a third-country national is 
determined  by  law.  If  a  third-country  national  declares  to  be  a  minor  and  is  travelling 
without travel documents and his or her appearance and physical build does not appear to 
correspond  to  the  date  of  birth  indicated,  a  medical  examination  may  be  performed  to 
determine the person's age. The applicant is obliged to undergo a medical examination. 
At  the  same  time  it  is  necessary  to  obtain  the  consent  of  his/her  legal  representative  or 
guardian.  If  the  third-country  national  refuses  to  undergo  a  medical  examination,  he  or 
she  is  presumed  to  be  an  adult.  It  is  the  duty  of  the  police  to  inform  third-country 
nationals of their entitlement to order a medical examination to determine age, and of the 
method  and  consequences  of  that  examination.  If  the  medical  examination  fails  to 
determine whether a person is an adult or a minor, she is presumed to be a minor for the 
purpose of the procedure, in accordance with the Act on Asylum. 

The  Slovak  Republic  has  also  set  up  the  Central  Visa  Information  System  (C-VIS), 
accessible  via  VIS  at  the  Ministry  of  Foreign  Affairs  since  the  date  of  its  launch,  10 
November  2011.  Only  the  first  name,  surname,  date  of  birth,  visa  sticker  number  and 
document number can be monitored, however. 

Spain,  in  the  2011  Alien  Law  Implementing  Regulation,  caters  for  legal  provisions  on 
age assessment and family tracing.  

If  the  minority  of  an  unaccompanied  minor  cannot  be  definitely  established,  this 
circumstance has to be immediately communicated to the Public Prosecutor who shall (in 
the  shortest  delay)  order  the  process  of  determination  of  the  age  (in  this  process, 
appropriate  medical  institutions  must  collaborate  to  carry  out  the  necessary  tests).  A 

63

 
 
 
 
 
 
 
 
 
Framework Protocol in order to unify criteria, including those relating to methods for the 
determination of age, is been currently developed.  

For family tracing, the national migration authorities in the regions request the General 
Commissariat  for  Aliens  and  Borders  (Ministry  of  the  Interior)  to  make  the  necessary 
enquiries to the Spanish Consular authorities in the country of origin, in order to draw a 
report on the minor family situation and the acceptance by origin country authorities to 
bear responsibility over the minor.  

The  Swedish  Migration  Board  has  issued  guidelines  on  age  assessment.  If  there  are 
doubts about the age stated, an overall age assessment will take place after an extended 
asylum interview, after which the applicant could be registered as an adult. The applicant 
has  the  burden  of  proof  to  make  his/her  stated  age  probable.  Medical  examinations  are 
used only as a means for the applicant to support his or her stated age, if the Migration 
Board  considers  that  the  stated  age  is  incorrect.  Bone  (hand  and  wrist)  and  dental 
examinations  are  the  medical  methods  used  to  assess  age,  and  only  with  the 
applicant’s/appointed  guardian’s  consent.  If  the  minor/legal  guardian  does  not  wish  to 
make  an  age  determination,  the  age  assessment  is  based  on  the  findings  from  the 
interviews and observations made by the case worker.  

According  to  Swedish  legislation,  tracing  of  parents/family  should  start  as  soon  as 
possible after arrival to Sweden. In 2011, the Swedish Migration Board has published a 
set  of  guidelines  relating  to  tracing,  to  help  clarify  questions  such  as  when,  and  under 
which circumstances, tracing can and should start. 

The  United  Kingdom  has  experience  in  family  tracing  in  asylum  cases,  but  family 
tracing  is  not  started  until  there  is  enough  information  to  allow  staff  to  make  an 
assessment of the safety implications for both the child and their family members.  

Where there is little or no evidence to support an applicant’s claimed age and their claim 
to  be  a  child  is  doubted,  a  UK  Border  Agency  officer  will  conduct  an  initial  age 
assessment.  If  the  officer  considers  that  an  applicant’s  physical  appearance/demeanour 
very  strongly  suggests  that  they  are  significantly  over  18  years  of  age,  and  this  is 
independently agreed with by a senior officer, the applicant will be treated as an adult.  

In all other cases the applicant will be informed, in a sensitive way, that, because there is 
insufficient information at this stage on which to make a final decision, they will be given 
the  benefit  of  the  doubt  and  will  be  treated  as  a  child  until  all  available  information  is 
collected and a decision on their age has been made. The applicant will be referred to the 
relevant local authority which will make an assessment of their age and communicate that 
information  to  the  UK  Border  Agency,  at  which  time  a  final  decision  will  be  made  on 
their  age.  The  UK  has  not  previously  been  involved  in  exchanging  best  practice 
guidelines on age assessment by combining scientific and legal criteria, but is keen to do 
so and is continually developing their guidelines. 

64

 
 
 
 
 
 
 
 
    
 
V. DURABLE SOLUTIONS 

V.1 Return and reintegration in the country of origin 

V. 1.1. Actions at the EU level 

The Commission will prioritise funding of unaccompanied minors-specific activities 
by the Return Fund and the Thematic Programme Migration & Asylum, including 
projects providing for post return monitoring and follow up, especially in the case of 
child  victims  of  trafficking  in  human  beings;  promoting  reunification  of  children 
with their parents through family tracing activities in Member States and countries 
of  origin;  support  to  families  and  communities  for  reintegration;  support  to 
authorities of countries of origin in managing the return, creating training centres, 
supporting families and returned minors, protecting victims of trafficking in human 
beings  and  preventing  re-victimisation,  etc.;  support  for  projects  and  policies 
creating  study  and  training  opportunities  in  the  countries  of  origin,  open  to  all 
minors. 

•  Minors and unaccompanied minors are part of the group of vulnerable returnees. 
Measures  addressing  the  situation  of  this  group  are  included  under  specific 
priority  1.2  of  the  Return  Fund.  The  concrete  actions  to  be  implemented  under 
this priority are determined by the Member States in their Annual Programmes. 

•  Under the Community actions Return Fund 2010, the Work Programme foresaw 
the  fostering  of  cooperation  of  two  or  more  Member  States  in  the  field  of  pre-
departure and post-arrival reintegration activities. Applicants were invited to give 
a particular emphasis to the reintegration needs of vulnerable groups, in particular 
unaccompanied  minors.  One  of  the  projects  selected,  European  Reintegration 
Instrument  by  the  Dutch  Repatriation  and  Departure  Service,  has  some  specific 
focus  on  the  UAMs,  since  it  should  assess  the  reception  and  reintegration 
situation in selected third countries, present a standard model for reintegration of 
UAMs and provide actual assistance to selected group of returning minors (those 
that are older than 16,5 years). Another running project on UAMs is under 2009 
Work Programme. It is called the European Return Platform for Unaccompanied 
Minors  and  focuses  on  exploring  the  ways  of returning unaccompanied  minors 
who  can  no  longer  stay  in the participating  Member  States  following  a  negative 
decision.  The project  should  provide  a  basis  for  direct  cooperation of  Member 
States  administrations with  third  country  authorities  in  the  practical  work of 
securing the best interests of the child while returning unaccompanied minors. 

•  Furthermore, the call for proposals under the Return Fund work programme 2011 
has  an  objective  focussing  on  a  safe  and  sustainable  return  of  minors,  including 
the family  tracing  of returned UAMS, reception centres for returned UAMs and 
monitoring of returned minors (accompanied and unaccompanied).  

65

 
 
 
 
 
 
 
 
•  The  Thematic  Programme  Migration  &  Asylum  multi-annual  strategy  for  the 
period  2011-2013  clearly  identifies  measures  addressing  the  phenomenon  of 
unaccompanied minors as one of the priorities of the Thematic Programme. Such 
measures should be related to prevention, such as awareness-raising programmes 
for  children  at  risk,  training  of  specialised  personnel  in  main  areas  of  origin  to 
detect situations of risk, as well as activities concerning return and reintegration in 
the country of origin (for instance, projects providing for post-return monitoring 
and  follow-up,  especially  in  the  case  of  child  victims  of  trafficking,  support  to 
families  and  communities  for  reintegration,  etc.).  The  human  rights  dimension 
will  be  particularly  taken  into  account  in  projects  funded  by  the  thematic 
programme  in  this  area.  A  call  for  proposals  for  2011/2012  under  the  EU 
Thematic Programme on Migration and Asylum is on-going. One of the identified 
priorities  is 
'vulnerable  groups  especially  unaccompanied  minors;  support 
measures  addressing  the  challenge  posed  by  unaccompanied  minors,  namely 
awareness-raising  programmes  for  children  at  risk  or  training  of  specialised 
personnel, as well as activities concerning return and reintegration in the country 
of  origin'.  The  call  also  mentions  protection  of  migrants'  human  rights  as  a 
specific  priority  which  should  be  supported  through  legislative  development, 
awareness-raising and capacity building for national authorities. 

•  Projects financed by the financial instruments under EEAS/ DEVCO: 

Project: "Prevention of trafficking in children, youth and women in Myanmar and support 
for  the  return  and  reintegration  of  trafficked  victims"  (TP  Migration  &  Asylum,  2008-
2011, €0.7M)  

Project: "Technical Assistance Program to Strengthen Social Service Provision to Child 
Victims  of  Human  Trafficking  in  Russia"  (Thematic  Programme  Investing  in  People, 
2009-2012, €585,444) 

Project: "Programme de protection, réhabilitation et réinsertion des enfants victimes et/ou 
vulnérables  face  à  la  traite  et  à  l'exploitation  sexuelle  en  Guinée  Bissau"  (Thematic 
Programme Investing in People 2009-2012, €600,000) 

Project  "Programme  Afrique  de  l’Ouest”:  Transnational  action  for  socio-Professional 
integration of children and teenagers victims of trafficking or smuggling" (2011-2013, TP 
Migration & Asylum, €1.5M) 

Project:  "Return  and  Resettlement  -  Children's  participation  in  decision  making"  in 
Azerbaijan (TP Investing in People, 2010-2012-, €519,000) 

Project  "Upgrading  the  Capacities  of  the  Reception  Centre  for  Foreigners  in  Croatia": 
additional  premises  will  be  built  in  the  (so  far)  unique  detention  centre  for  irregular 
migrants in Croatia for unaccompanied minors and families of irregular migrants (Border 
Management and Security, € 2.148.225).  

66

 
 
 
 
 
 
 
 
 
 
The  Commission  will  publish  a  study  on  existing  Member  State  practices  and 
legislation on the return of unaccompanied minors and situation of unaccompanied 
minors falling under readmission agreements. 

Under  the  2009  Return  Fund  Community  actions,  the  Commission  launched  a  call  for 
tender  and  selected  a  service  provider  (European  Council  on  Refugees  and  Exiles  in 
cooperation in partnership with Save the Children EU Office) who carried out the study 
examining  the  situation  of  minors  during  the  process  of  return  and  outlined  the  best 
practices  relating  to  return  of  minors,  including  unaccompanied  minors,  in  the  Member 
States. The conference during which the outcome of the study was discussed took place 
on 7 November and the study was finalised in November 2011. 

The Commission will promote child-friendly best practices in Member States. 

The interim findings of the comparative study on best practices in the field of return of 
minors  were  presented  in  the  Contact  Committee  on  the  Return  directive  on  June  24, 
2011 and the final study was presented to the same committee on 2 December 2011.  

To  call  on  the  Commission  and  Member  States  to  promote  the  development  of 
methods  of  pre-departure  counselling,  with  the  aim  of  encouraging  the  voluntary 
return of minors to their countries of origin. 

As  referred  to  above,  the  study  commissioned  under  the  Return  Fund's  Community 
Actions 2009 identified the best practices in the field of return of minors was presented to 
the  Member  States  in  the  Contact  Committee  on  the  Return  directive.  During  the 
presentation, Member States were encouraged to apply the best practice identified in their 
daily work. 

To encourage the Commission and Member States so that EU and national external 
cooperation instruments are used in a well-coordinated manner to finance projects 
in  third  countries  to  facilitate  the  return  and  reintegration  of  UAMs  in  their 
countries of origin. 

See above. 

To  support  forms  of  practical  cooperation  among  Member  States,  as  well  as 
between  Member  States  and  countries  of  origin  and  between  Member  States  and 
International and Non-Governmental Organizations in order to establish operative 
networks to facilitate the return of minors to their countries of origin, in a process 
which  takes  account  of  the  importance  of  a  humane,  safe  and  dignified  return  in 
accordance  with  the  UN  Convention  on  the  Rights  of  the  Child  and  within  the 
framework  of  Directive  2008/115/EC  on  common  standards  and  procedures  in 

67

 
 
 
 
 
 
 
 
 
 
 
 
 
 
Member States for returning illegally staying third-country nationals . 

Continuously throughout the entire 2008-2013 programming period of the Return Fund. 
Such projects can be implemented under the annual programmes of the Member States or 
under  the  Community  actions.  For  relevant  projects  financed  under  the  Community 
Actions, see the first measure of chapter 4.1 above. 

To encourage Member States to make full use of operational networks in order to 
establish  and  maintain  contacts  with  the  authorities  in  the  countries  of  origin  or 
return,  with  a  view  to  finding  ways  and  means  to  facilitate  the  return  and 
reintegration of minors in their countries of origin or return. 

Continuously throughout the entire 2008-2013 programming period of the Return Fund. 
Such projects can be implemented under the annual programmes of the Member States or 
under the Community actions.  

Under  the  Return  Fund  Community  Actions  2010,  the  Commission  is  funding  the 
establishment of a Voluntary Return European Network that should serve as a forum for 
exchange  of  information  and  dissemination  of  best  practice  among  the  relevant 
stakeholders in the Member States and potentially major countries of return. This could 
also prove to be a useful forum to pursue exchange of information and experience in the 
field of return and reintegration of minors. For other relevant projects financed under the 
Community Actions, see the first measure of section 4.1 above. 

V.1.2. Actions in EU Member States  

Member States consider return in the framework of the unaccompanied minors' chances  
to  reintegrating  back  home  and  as  a  durable  solution.  As  reported  by  Member  States, 
return  can  only  be  done  with  the  minor's  consent  and  if  a  safe  family  environment  is 
awaiting in country of origin. FR points out that from 2003 to 2010 only 100 returns have 
taken place, out of over 6 000 unaccompanied foreign minors in the country. In IT or ES 
rate  is  even  smaller  and  it  is  the  same  in  all  Member  States  who  are  engaged  in  safe 
return.  

DE frames minors' return in the readmission agreements signed with third countries. EE 
has signed a bilateral agreement for return with Albania, HU and LT have done the same 
with Serbia. ES, FR and IT have also signed bilateral agreements for save return.  Some 
Member  States  –  AT,  BE,  EE,  EL,  IT,  HU,  PL  and  SK  -  report  working  with  either 
International Organizations like UNHCR, or with IOM or other NGOs such as Caritas or 
the  Red  Cross  to  implement  safe  return.  EE,  HU  and  MT  discuss  making  use  of  the 
European  Return  Fund  for  these  activities.  SE,  NL,  UK  and  NO  have  established  the 
ERPUM project to work for safe return and durable solutions in Afghanistan.  IE does not 
return minors.  

68

 
 
 
 
 
 
 
 
 
 
 
Detailed information on Member States practices 

Austria  is  working  with  the  International  Organisation  for  Migration  in  the  area  of 
voluntary repatriation to ensure a hand over to family or local youth welfare offices. In 
the case of forced returns, the authorities are bound by the provisions of the Immigration 
Authorities Act and the implementation of the Return Directive. 

In Belgium, the agency Fedasil created a reintegration fund in 2006 for minors returned 
to their country of origin. Fedasil works with IOM and Caritas on durable reintegration 
activities before minor's leave and upon arrival to country of origin. Belgium has recently 
put all stakeholders dealing with UAM under the authority of the Secretary of State for 
Asylum  and  Migration,  reporting  to  the  Ministry  of  Justice.  Coordination  shall  be 
reinforced as regards data and databases and UAM's return and reintegration in Morocco 
and the Guinea.   

Bulgaria  reports  that  the  main  tasks  of  the  State  Agency  for  Refugees  are  constantly 
focused  on  finding  durable  solutions  regarding  data  collection;  positive,  humane  and 
efficient  search  of  the  family  of  the  unaccompanied  child  and  their  gathering,  if  so 
requested by the child and is for his safety; exploring the possibility of taking care of the 
child in a family environment and accommodation in specialized institutions with special 
conditions for minors. 

The  Czech  Republic  cooperates  with  the  International  Organisation  for  Migration  on 
voluntary repatriations of UAMs to their countries of origin. There is no experience with 
forced  returns  of  UAMs  because  (under  the  Czech  law)  UAMs  can  legally  stay  in  the 
territory till the age of 18. 

Denmark  is  evaluating  at  present  the  programme  they  run  together  with  IOM  on 
voluntary  assisted  return  for  unaccompanied  minors.  Denmark  participates  in  a  pilot 
project, partly EU funded, with Sweden, UK, the Netherlands and Norway concerning the 
establishment  of  reception  and  care  facilities  in  Afghanistan.  The  aim  is  to  reunite 
returned minors with family and ensure reintegration. 

Estonia  can  only  return  an  unaccompanied  minor  if  guardianship  is  arranged  for  the 
minor  in  the  receiving  country  and  if  his  or  her  rights  and  interests  will  be  protected. 
Return  is  organised  in  coordination  with  the  competent  national  authorities  in  the 
receiving  country  and,  where  necessary,  in  the  country  of  transit.  The  Ministry  of  the 
Interior  and  the  Estonian  Red  Cross  have  signed  a  cooperation  agreement  so  that  the 
Estonian Red Cross monitors compliance with the procedural requirements at each step 
of the expulsion procedure and ensuring that a person being expelled is able to exercise 
all his or her human rights. There is also the ‘Providing material support to people being 
expelled’  project  funded  by  the  European  Return  Fund  and  implemented  by  the  Police 
and  Border  Guard  Board,  under  which  it  is  possible  to  provide  material  support  to 

69

 
 
 
 
 
 
 
 
 
 
 
unaccompanied minors to enable them to initially support themselves in their country of 
origin. 

Finland  has  returned  very  few  unaccompanied  minor  asylum  seekers.  Before  a  minor 
may be returned to his/her country of origin, the reception of the minor must be ensured. 

France  reports  that  no  return  can  be  implemented  if  determined  circumstances  are  not 
met: judicial authorization, family or guardianship found in country of origin, education 
and  living  conditions  met  in  country  of  origin  and  minor's  own  will.  Only  100  returns 
have taken place between 2003 and 2010.  

Germany  has  not  signed  any  particular  agreement  with  third  countries  relating  to 
unaccompanied  minors  except  for  regulations  in  readmission  agreements.  There  has  so 
far  been  no  perceived  need  for  such  provisions  in  agreements  with  third  countries. 
Germany  transposed the  'Return Directive' 2008/115/EC  into national law  in  2011.  The 
procedural  safeguards  and  accommodation  guarantees  laid  down  therein  have  been 
largely  applied  in  national  return  procedures  since  before  2010.  EU  and  bilateral 
readmission  agreements  mostly  contain  a  clause  on  compliance  with  international 
protection rules, which include the rights and welfare of children. 

In  Greece  and  in  accordance  with Law,  if  the  competent  public  prosecutor  judges  that, 
under the specific circumstances, repatriation does not serve their interests, they can order 
any measures necessary to protect the minor until the court issues a decision, which must 
be within thirty days, on the appointment of a Commissioner.  

With  regard  to  non-asylum  seeking  unaccompanied  minors,  once  the  competent 
Immigration  Department  has  completed  its  enquiries,  when  their  parents  or  the  persons 
whose care they are in are not found in Greece, INTERPOL are informed so that they can 
look for them in their country of origin.  

With  regard  to  asylum  applicants  and  in  accordance  with  the  Dublin  Convention,  the 
competent  services,  maintaining  the  basic  principle  of  family  unity,  try  to  unite 
unaccompanied minors who are on Greek territory with members of their family who are 
resident in EU Member States and to this end, cooperate with UNHCR and with NGOs in 
order to complete the relevant applications and to make possible the transport of minors 
so that they can be near their families, whilst at the same time ensuring that their safety is 
guaranteed.  Asylum  seekers  who  are  minors  are  transported,  in  cooperation  with  the 
competent departments of the Ministry of Health and Social Welfare, to existing facilities 
which are appropriate for housing them (Reception Centres for Asylum Seeking Minors) 
and  the  necessary  action  is  taken  to  appoint  a  Commissioner  through  the  competent 
Public Prosecutor's office, who will assist the minor throughout the asylum procedure.  

For minors with Albanian citizenship in particular, the two governments have signed an 
agreement for their protection, including repatriation, rehabilitation and care of Albanian 
children who are victims of migrant-smuggling to Greece. All other minors are deported 
by air, once the Interpol branch in their country has been informed. 

70

 
 
 
 
 
 
 
 
 
Ireland does not generally return unaccompanied minors unless they have been reunited 
with their family in Ireland and are all subject to Deportation Orders. There have been a 
very  small  number  of  cases  where  Ireland  has  returned  minors.  Immigration  Act  1999 
sets out procedures in relation to deportation orders. When deciding on whether or not to 
make a deportation order in relation to a person, the Minister has regard to a number of 
factors, including the age of the person. In relation to subsidiary protection or permission 
to remain as a result of a consideration under section 3 of the Immigration Act 1999, the 
fact that someone is an unaccompanied minor will be taken into account if their claim is 
processed while they are still a minor. 

Italy  runs  programmes  on  voluntary  return  of  unaccompanied  foreign  minor  to  his/her 
country  of  origin,  regulated  by  the  Committee  for  Foreign  Minors,  which  evaluates 
minors willing and the information given by the municipal social services first. Then, it 
takes into consideration the results of family investigations made by IOM, the opinion of 
the tutor and the certificate of the judicial authority. Voluntary return instrument aims at 
protecting  the  best  interest  of  the  minor,  and  it  is  possible  only  with  his/her  consensus. 
The Committee is in charge of the costs (such as the plane ticket) until the minor reaches 
his/her family, and it provides for an individually tailored reintegration, so that the minor 
is able to get quickly an economic independence from his/her family. Additionally, IOM 
is  in  charge  of  monitoring  activities  of  the  implementation  of  the  project  giving 
information to the Committee.  

Hungary cannot return third country national unaccompanied minors to their countries of 
origin  or  to  a  third  country  unless  their  adequate  protection  (in  their  family  or  in  an 
institution)  is  ensured  there.  In  practice  all  unaccompanied  minors  who  are  returned  to 
their  countries  of  origin  or  to  a  third  country  are  returned  by  virtue  of  readmission 
agreements.  Most  of  them  are  returned  by  virtue  of  the  EU  readmission  agreement  in 
force between the European Union and Serbia. On the basis of this agreement the Serbian 
authorities readmit Serbian nationals and third country nationals arriving from Serbia to 
Hungary (except for Kosovar nationals) provided that they were apprehended at or in the 
vicinity of the Serbian border. In case of unaccompanied minors special procedural rules 
shall  be  followed  including  that  they  can  only  be  returned  if  the  representative  of  their 
family or the institution is awaiting them at the border.  

In  Hungary  the  Budapest  Office  of  the  IOM  has  been  operating  an  Assisted  Voluntary 
Return  (AVR)  Programme  for  several  years  for  asylum  seekers,  persons  granted 
international  protection  and  persons  who  do  not  fulfil  the  residence  conditions  in 
Hungary who wish to return to their countries of origin. The programme is implemented 
in  cooperation  with  the  Office  of  Immigration  and  Nationality  and  is  funded  by  the 
European  Return  Fund  and  the  Hungarian  Ministry  of  Interior.  Potential  voluntary 
returnees are informed about the AVR programme through the NGO “Menedék”, which 
has  social  workers  in  reception  centres  and  guarded  accommodations  in  Hungary. 
Furthermore IOM provides a Website and a Hotline for potential voluntary returnees and 
IOM leaflets comprising information on voluntary return possibilities are made available 
to 
at  reception  centres  and  detention  facilities.  These  services  are  available 

71

 
 
 
 
 
 
unaccompanied minors, but they can only be returned to their countries of origin if proper 
care  is  ensured  there.  Therefore  it  is  very  rare  that  Hungary  makes  use  of  these 
opportunities.  

Lithuania can return unaccompanied foreign minors who are illegally present or residing 
in the country only if they are properly looked after in the foreign country to which he or 
she  is  returned,  taking  into  account  his  or  her  needs,  age  and  level  of  independence. 
Where an unaccompanied foreign minor cannot be returned to his or her country of origin 
or another country, he/she must be granted the right to reside in the Republic of Lithuania 
on the grounds laid down by the Law. The return of an unaccompanied foreign minor is a 
question  that  is  resolved  in  cooperation  with  other  countries  and  international 
organisations on the basis of international agreements. 

Malta  uses  the  Best  Interest  Determination  system  to  find  a  care  plan  for  each  minor 
within  no  more  than  six  months  following  their  arrival  in  the  dedicated  centre  for 
minors. The plans are submitted to the Children and Young Persons Advisory Board, part 
of  the  Ministry  of  Justice,  Public  Consultation  and  the  Family,  for  approval  by  the 
Minister. 

Malta has not returned any unaccompanied minors to their country of origin against their 
will in the past two years (2010-2011). From the start of the voluntary assisted return and 
reintegration programme until now, one unaccompanied minor (aged 17 years and three 
months) made use of this facility in 2010. IOM implemented this return and the minor in 
question was helped to engage in an economic activity in his city of origin. This activity 
is  being  carried  out  together  with  the  minor’s  father  and  sister.  This  project  was  part-
financed by the European Union out of the Return Fund. 

The  Netherlands  do  not  repatriate  unaccompanied  minors  unless  suitable  care  in  the 
country  of  origin,  measured  by  local  standards,  is  met.  The  Government  has  been 
investing in creating suitable accommodation in countries of origin (for example recently 
in  Angola  and  the  Democratic  Republic  of  Congo),  partly  drawing  on  funds  for 
development  cooperation.  Wherever  possible,  existing  facilities  are  used.  The 
Netherlands is working with European partners (Sweden, Norway, the UK and Denmark) 
to  develop  care  facilities  in  Afghanistan,  which  is  the  main  country  of  origin  of 
unaccompanied minors. In this connection they are also investing in education for local 
orphans so that they, too, can be offered opportunities for the future. Support is provided 
in various ways to unaccompanied minors in the Netherlands who have exhausted all the 
legal remedies and are returning to their countries of origin independently. For example, 
they are entitled to financial support or assistance in kind. 

According to Poland's Act on foreigners, a decision to remove a minor foreigner to the 
country of origin or a different country is carried out only if upon arrival, the minor will 
be under the care of parents, other adults or care institutions, according to the standards 
specified by the Convention on the Rights of the Child, adopted by the United Nations 
General Assembly on 20 November 1989. 

72

 
 
 
 
 
 
 
 
Moreover, a minor foreigner may only be removed under guardianship of their statutory 
agent,  unless  the  decision  regarding  removal  is  carried  out  so  that  the  minor  is  handed 
over to the statutory agent or representative of the relevant authorities of the country to 
which they are removed. 

When  it  comes  to  the  assisted  voluntary  return,  the  Border  Guard  and  the  Office  for 
Foreigners cooperate with IOM which organises aid in voluntary return to the country of 
origin, also for persons requiring special treatment. In the case of unaccompanied minors, 
the aid includes medical examination in order to confirm the beneficiary’s ability to make 
the  return  journey  and  organisation  of  medical  or  regular  escort.  Procedures  apply  to 
unaccompanied minors, pursuant to the overriding principle of acting in the child’s best 
interest (Convention on the Rights of the Child). The child’s guardians in the country of 
origin are contacted before the minor is returned to that country. 

In Portugal, if minors expressly state that they want to return, or even where they do not 
do  so,  they  may  be  returned  if  their  parents,  family  members,  social  services  or  other 
caring children organisations are identified in their country of origin. 

Romania, in order to harmonize the national legislation with the EU acquis in the field of 
return, has approved in 2011 amendments to the national law on aliens’ regime to cater 
for  guarantees  to  non-refoulement  and  identification  of  the  unaccompanied  minor’s 
family, while waiting for removal from the territory.  

In the Slovak  Republic the legal guardian and the facility in which the unaccompanied 
minor  is  housed  are  responsible  for  providing  information  on  the  minor's  situation  and 
possible solutions. This information is usually given to a minor in writing.  

The  duties  of  the  guardian  in  the  asylum  or  subsidiary  protection  procedure  include 
preparing  the  minor  for  interview  and  thoroughly  explaining  the  minor's  situation  in 
advance.  No  interview  may  take  place  without  the  guardian's  presence  (supervising  the 
form and content of the questions asked, arranging for breaks in the interview, explaining 
the purpose of the questions). 

The  basic  border  and  aliens  police  forces  work  closely  with  the  competent  bodies  like 
IOM  in  returning  unaccompanied  minors  and  provide  appropriate  assistance  in  the  best 
interests of the child. For return, procedures include communicating to the representative 
office  of  the  country  in  which  the  unaccompanied  minor  usually  resides  the  measures 
taken in the interests of return or transfer of the unaccompanied minor and requesting the 
child's  return  or  transfer  to  the  country  in  which  he  or  she  usually  resides,  where  it  is 
clear  that  the  usual  residence  is  in  a  safe  country  which  is  not  the  subject  of  the 
International  Convention  (the  Convention  on  the  Civil  Aspects  of  International  Child 
Abduction).  Alternatively,  the  border  and  aliens  police  submits  the  family  reunification 
proposal to the representative office of a country in which the unaccompanied minor does 
not  usually  reside  but  where  his  or  her  parent  or  personal  carer  is  living,  and 
communicates  the  measures  taken  in  the  interest  of  that  reunification.  Stakeholders 
include  the  UNHCR,  the  Slovak  Ministry  of  Internal  Affairs,  IOM  and  other  bodies 

73

 
 
 
 
 
 
 
 
active  in  the  field  in  implementing  measures  for  the  social  and  legal  protection  of 
children and social care for unaccompanied minors. 

As for Spain, the Regulation implementing the Alien Law works towards establishing a 
Framework  Protocol  mainstreaming  all  relevant  stakeholders'  activities  concerning 
durable solutions, starting the moment a minor is traced, followed by his identification, 
care,  age  determination  and  guardianship  by  the  corresponding  authorities.  An  inter-
institutional service working group has already been set up to create the abovementioned 
framework protocol. Return is ruled by the Regulation as well, stressing the role of the 
Police  to  enforce  the  return  resolution  and  the  presence  of  personnel  from  the  minor 
protection services until the minor is delivered to the competent authorities of his or her 
origin country.   

Sweden established in January 2011 the project ERPUM, European Return Platform for 
Unaccompanied  Minors,  in  partnership  with  the  UK,  the  Netherlands  and  Norway. 
Within  the  project  an  agreement  is  currently  being  discussed  with  the  Government  of 
Afghanistan,  together  with  IOM  as  a  coordinating  partner.  The  aim  is  to  support  and 
assist unaccompanied minors to reintegrate, making individual assessments before return 
which  also  includes  family  tracing.  In  Iraq  an  initial  dialogue  has  commenced  with  the 
authorities in both Baghdad and Erbil. 

The United Kingdom conducts a best interest determination prior to the voluntary return 
of a minor.  If return is determined to be in the best interests of the minor, the mechanics 
of  their  return  will  be  facilitated  by  the  Family  Returns  Panel  (or  equivalent).   Key 
partners  responsible  for  the  welfare  of  a  minor  during  their  time  in  the  UK,  e.g.  social 
worker, teacher, medical professional, will form part of that panel and they will provide 
the necessary support prior to return. 

The  UK  is  working  collaboratively  with  Sweden,  the  Netherland  and  Norway  on  the 
European  Return  Platform  for  Unaccompanied  Minors  (ERPUM)  project.   The  project 
aims  to  find  new  methods  for  the  return  of  unaccompanied  minors  that  need  to  return 
home after receiving a final rejection of their asylum application.  The partner countries 
intend  to  organise  family  tracing,  family  reunification  and  adequate  reception  facilities 
for returning minors.  

V.2 International protection status, other legal status and integration of UAMs 

V.2.1. Actions at the EU level 

Member States are invited to maximise use of existing funding possibilities available 
under  the  European  Refugee  Fund  and  the  Fund  for  the  Integration  of  third-
country nationals. 

Under the European Refugee Fund III, it is stated that all actions shall take account of the 
specific  situation  of  vulnerable  person,  such  as  unaccompanied  minors.    Furthermore 

74

 
 
 
 
 
 
 
 
 
these  kinds  of  actions,  i.e.  those  taking  into  account  the  special  needs  of  vulnerable 
people  such  as  unaccompanied  minors,  qualify  for  75%  of  EU  co-financing  instead  of 
50% (being considered as one of the specific priorities under Priority 1 of the Strategic 
Guidelines).  

Similarly,  under  the  European  Fund  for  the  Integration  of  third-country  nationals, 
unaccompanied  minors  can  be  considered  as  "specific  target  groups"  and  therefore 
projects  dealing  with  unaccompanied  minors  could  receive  a  co-financing  of  75% 
(instead of 50%) should the Member State opt for this specific priority.  

The  Commission  will  strengthen  unaccompanied  minors-related  activities  when 
defining  the  priorities  for  Community  Action  in  the  annual  work  programmes 
adopted for these funds. 

Under  centralised  management,  the  European  Refugee  Fund  Community  Actions  2011 
Work Programme identified the vulnerable group of unaccompanied minors as part of the 
target  group  of  the  programme  (asylum  seekers,  refugees  and  beneficiaries  of  subsidiary 
protection).   

The call for proposals to be published in the third quarter of 2012 will pursue, in line with 
this,  priority  4:  promoting  common  measures  to  address  specific  needs  of  vulnerable 
groups  among  asylum  seekers  and  persons  benefiting  from  international  protection,  in 
particular  of  those  who  are  unaccompanied  minors,  with  a  view  to  implement  the  EU 
Action Plan on Unaccompanied Minors.  

The  programme  also  pursues  the  specific  objective  of  exchanging  information  and 
development  of  best  practices  between  national  asylum  authorities,  between  them  and 
other  stakeholders 
international 
organisations) and between the latter, in addressing the needs of minors, unaccompanied 
minors and other vulnerable persons when implementing EU legislation and preparing for 
higher and more convergent standards of protection. 

(such  as  non-governmental  organisations  and 

The European Fund for the Integration of third-country nationals Community Actions 2012 
Work Programme identified unaccompanied minors with a legal status as part of the target 
group of the programme.    

The call for proposals to be published in Q3 2012 will pursue, in line with this, priority 3: 
governance and effectiveness of integration measures; and the specific objective to assess 
the  effectiveness  of  integration  measures,  in  particular  measures  targeting  particularly 
vulnerable  migrant  groups,  such  as  women,  elderly,  and  children; 
including 
unaccompanied minors and victims of trafficking. 

The  Commission  will  reflect  on  how  to  better  include  the  unaccompanied  minors 
dimension in the next generation of financial instruments, as of 2014, in the field of 
migration management. 

75

 
 
 
 
 
 
 
 
 
The  proposals  for  the  next  generation  of  financial  instruments  in  the  home  affairs  area 
have  been  adopted  by  the  Commission  on  15  November  2011.  The  proposal  for  an 
Asylum and Migration Fund foresees the possibilities to develop an integrated migration 
policy  and  to  focus  inter  alia  on  unaccompanied  minors.  The  new  instrument,  bringing 
together support for integration, migration, asylum and return management, will be able 
to address more comprehensively the needs of the different target groups of third-country 
nationals  and,  in  accordance  with  Member  States  individual  circumstances,  focus  in 
particular  on  all  the  measures  necessary  to  assist  adequately  the  different  categories  of 
unaccompanied minors. 

In  the  Multi-Annual  Financial  Framework  for  the  period  2014-2020  the  financial 
instrument  for  home  affairs  will  be  the  Asylum  and  Migration  Fund  (established  by 
Regulation of the European Parliament and of the Council establishing the Asylum and 
Migration Fund, adopted on 15/11/11).  

The new Fund shall be used in full respect with the rights and principles enshrined in the 
Charter  of  Fundamental  Rights  of  the  European  Union.  In  particular,  eligible  actions 
should  take  account  of  the  specific  situation  of  vulnerable  persons,  in  particular,  with 
special attention and dedicated responses to unaccompanied minors and other minors at 
risk. Similarly, the Fund foresees the group of unaccompanied minors as one of the target 
groups that would increasingly benefit from the new instrument (the target group will be 
easier to reach because of the merging of different actions into one Fund).  

Under  the  specific  objective  related  to  reception  and  asylum  systems,  the  new  Fund 
aimsto  provide  specific  assistance  for  vulnerable  persons,  among  others  for  minors  and  
unaccompanied minors.  

Under Integration measures at local and regional level, the eligible actions shall take into 
account  the  specific  needs  of  different  categories  of  third-country  nationals  and  their 
family  members,  including  vulnerable  groups  of  migrants:  among  others  minors  and 
unaccompanied minors.  

Concerning  the  Union  Resettlement  Programme,  unaccompanied  minors  are  one  of  the  
vulnerable groups of refugees that shall in any event be included in the common Union 
resettlement priorities and qualify for financial support in the form of  lump sums.  

The new Fund foresees additional resources for specific actions that may be allocated to 
Member  States.    One  of  such  specific  actions  is  joint  initiatives  aimed  at  identification 
and implementation of new approaches concerning the procedures at first encounter and 
standards of protection of unaccompanied minors. 

The Commission will finance projects for the integration of unaccompanied minors 
having  legal  status,  with  particular  attention  to  programmes  aimed  at  supporting 
the recovery of victims of child specific violence or trafficking in human beings. 

In  line  with  the  priorities  and  specific  objectives  defined  in  the  European  Fund  for  the 
third-country  nationals  Community  Actions  2011  Annual  Work 
Integration  of 

76

 
 
 
 
 
 
 
 
 
Programme,  the  Commission  may  award  funding  for  actions  on  the  integration  of 
unaccompanied  minors  having  legal  status.  The  list  of  proposals  selected  for  funding 
following the call for proposals published in July 2011 will be available in Q1 of 2012. 

The specific issue of unaccompanied minors should be further developed in EU and 
national integration policies by exchanging and developing best practices, etc. 

The Commission provides a framework for monitoring, dialogue and exchange of good 
practice in the area of integration, and creates incentives through the European financial 
instruments.  In  setting  priorities  for  the  European  Fund  for  the  Integration  of  third-
country  nationals,  it  has  included  unaccompanied  minors  as  a  particularly  vulnerable 
group  of  migrants,  which  should  be  targeted  in  integration  measures  supported  by  the 
Fund. 

The  Commission  will  address  the  specific  challenges  posed  by  unaccompanied 
minors in the new EU agenda for migrants' integration. 

The European Agenda for the Integration of Third-Country Nationals (COM(2011) 455 
final)  aims  to  strengthen  the  economic,  social  and  cultural  participation  of  migrants  in 
their  receiving  societies.  Special  attention  should  be  paid  to  the  specific  needs  of 
vulnerable groups of migrants, including unaccompanied minors, for example removing 
barriers blocking effective access to social and health services. 

The Commission will examine the specific situation of unaccompanied minors in the 
planned  study  on  the  treatment  of  illegally  staying  third-country  nationals  who 
temporarily  cannot  be  returned  and  assess  the  need  for  and  advisability  of 
establishing a common framework in relation to unaccompanied minors who cannot 
be returned. 

Study on the situation of third-country nationals pending postponed return/removal in the 
EU Member States and the Schengen-associated countries is expected to deliver a clear 
and  comprehensive  inventory  detailing  the  legal  requirements  and  conditions  in  the 
Member  States  and  Schengen  Associated  Countries  concerning  the  treatment  of  third-
country nationals during periods for which return/removal has been postponed. The study 
will focus on the rights expressly mentioned in Article 14 of the Return Directive (family 
unity,  health  care,  education,  needs  of  vulnerable  persons,  papers)  as  well  as  other 
pertinent  rights  (such  as  access  to  the  labour  market  and  material  reception  conditions) 
not mentioned in Article 14 but in practice granted by Member States to this category of 
persons. The final results of the study should be available in December 2012. 

77

 
 
 
 
 
 
 
 
 
 
 
 
 
V.2.2. Actions in EU Member States 

All Member States have in place regulatory framework to protect UAMs, grant protection 
status and care for their integration in the host country.  

Even if an unaccompanied minor asylum seeker is denied asylum, he or she is not denied 
protection in any Member State. The best interest of the child is of primary concern to all 
Member  States.  Nonetheless,  some  Member  States  like  CZ  report  that  several  possible 
types  of  residence  status  can  be  granted  to  UAMs.  UAMs  who  ask  for  international 
protection  enjoy  the  status  of  asylum  seekers  and  are  accommodated  in  specialized 
schooling facilities. UAMs who do not ask for international protection are placed in these 
facilities as well and the law grants them a permanent residence permit valid until the age 
of 18. In FR the situation of UAMs is substantially improved if they are granted asylum, 
since they are eligible to take French nationality, but only 10% minors ask for asylum. In 
addition to this, a minor who has been taken care of by the reception authorities for more 
than three years is entitled to apply for French nationality.  

HU, LT, MT, PL, PT, and SE either grant asylum status to unaccompanied minor asylum 
seekers  or  grant  other  subsidiary  protection.  In  UK  all  unaccompanied  asylum  seeking 
children are also referred to the Refugee Council Children’s Panel who advise and assist 
the child.  

In FI, FR and IT integration paths and programmes are drawn up for the minor to help 
them  integrate  in  host  country.  Since  August  2011,  in  IT  the  Unified  Text  Containing 
the  Measures  Governing  Immigration  was  amended  so  that  when  the  minor  comes  of 
age,  a  residence  permit  can  be  issued  for  study  reasons,  employment  or  self-
employment work.  

RO  is  making  use  of  the  European  Refugee  Fund  to  provide  care  for  minors  seeking 
asylum and SK is using ERF funding for children granted asylum and the EIF for other 
UAMs.  

Detailed information on actions carried out in EU Member States  

Belgium  has  put  in  place  a  special  procedure  for  minors'  stay  in  the  country  while 
waiting for family reunification or return.  

In  Bulgaria  the  main  means  of  integration  of  refugees,  including  UAMs,  are  the 
following:  pedagogical  consultations  on  the  rights  of  refugee  children,  including 
unaccompanied  minors,  introduction  of  the  parents  refugees  with  the  Bulgarian  culture 
and education, work on their social inclusion in the Bulgarian environment; organization 
of intercultural activities, introduction to the main rights and obligations of refugees and 
the  rights  and  obligations  of  refugee  children.  Particular  attention  is  paid  by  exploring 
and  developing  educational  programs  and  projects  related  to  education  of  the  refugee 
children  in  the  Bulgarian  schools.  There  are  on-going  public  discussions  with  NGOs 

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regarding  the  needs  of  the  refugees  and  the  results  are  reflected  in  the  key  strategic 
documents and legislative proposals to find durable solutions. 

In Cyprus an unaccompanied minor, irrespective of his or her nationality, can enjoy all 
services applied for the protection and well-being of the child.  The best interest of the 
child is of  primary concern.  The  Social  Welfare Services work in cooperation with all 
the relevant stakeholders, such as the Ministry of Health, the Ministry of Education and 
Culture, and the Commissioner for Children’s Rights.  

The Czech Republic reports several possible types of residence status that can be granted 
to UAMs. UAMs who ask for international protection enjoy the status of asylum seekers 
and  are  accommodated  in  specialized  schooling  facilities.  UAMs  who  do  not  ask  for 
international  protection  are  placed  in  these  facilities  as  well  and  the  law  grants  them  a 
permanent residence permit valid until the age of 18. The permit can be changed under 
certain  conditions  to  a  regular  permanent  residence  permit  based  on  humanitarian 
grounds after the UAM reaches 18.  

Denmark  only  allows  minors  to  go  through  the  asylum  procedure  if  the  Danish 
Immigration  Service  assesses  enough  maturity  on  the  minor.  In  general,  children  under 
the age of 12 are not considered sufficiently mature to go through the asylum procedure. 
If  the  minor  is  considered  not  mature  enough  he/she  can  be  granted  a  residence  permit 
without having to go through the asylum procedure. This permit is conditional on there 
being no family or adequate reception facilities in country of origin and is temporary until 
the minor comes of age. Appeals can be lodged to the Refugees Appeals Board. During 
their stay in the country unaccompanied minors are lodged and schooled. 

Estonia  organises  UAM's  everyday  life  in  special  centres  as  similarly  as  possible  to 
family  life,  thereby  providing  the  child  with  stability  and  confidence.  A  guardian  is 
appointed by a court for an unaccompanied minor afforded international protection. That 
guardian  may  be  an  individual,  a  legal  entity  or  a  local  authority.  The  duties  and 
obligations  of  guardians  are  laid  down  in  the  Family  Law  Act.  There  are  no  specific 
measures laid down in Estonian law for the integration of unaccompanied minors, but the 
general measures aimed at adults under the integration plan apply. 

Concerning Finland, the Act on the Promotion of Integration (1386/2010) laying down 
provisions  on  support  and  promotion  of  integration  and  immigrant’s  participation  in 
society came into force in September 2011. Under the new legislation, the provisions on 
obligations to take account of the best interest of the child are more detailed than before. 
The Act includes an obligation for municipalities to draw up a clear integration plan for 
all unaccompanied minors who are issued with a residence permit in Finland taking into 
account the opinion of the child. Within the framework of the pilot project Participative 
Integration in Finland included in Chapter 9 of the new Act, it is indented to create one 
integration  path  for  immigrant  children  and  young  immigrants  in  order  to  improve  the 
integration of these groups and prevent social exclusion.  

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In  France  many  minors  come  of  age  while  they  are  being  taken  care  by  the  different 
reception facilities. When a child becomes of age, he/she will benefit from substantially 
increased  protection  if  recognised  as  a  refugee.  In  addition  to  the  possibilities  for 
obtaining French citizenship upon recognition of refugee status, the refugee turned adult 
will receive a 10-year residence permit and benefit from the same social protection rights 
as French nationals. However, only 10% minors ask for asylum. In addition, a minor who 
has been taken care of by the reception authorities for more than three years is entitled to 
ask for the French nationality. If he or she does not meet this criterion he or she still can 
be granted a residence permit provided that there is positive reporting from the receiving 
authority on the minor's willingness to follow education and training to integrate in host 
society. The local reception authorities provide care to young people over 18, until they 
reach 21, if they are willing to follow further integration activities.  

In  Greece  the  possibility  of  granting  a  residence  permit  for  humanitarian  reasons  to 
victims  of  human  trafficking,  even  if  they  do  not  cooperate  with  the  law  enforcement 
authorities,  is  provided  for  by  legislation.  The  residence  permit  is  renewed  until  the 
criminal  procedure  finishes  or  no  further  action  is  taken.  In  addition,  the  law  has 
simplified the criteria for issuing and/or renewing residence permits when humanitarian 
and  exceptional  reasons  have  been  identified.  In  particular,  a  residence  permit  can  be 
granted for humanitarian reasons for minors who are proven to need protective measures 
and  whose  return  to  a  safe  environment  is  impossible,  as  well  as  to  minors  who  are 
sheltered by institutions or other legal persons of a charitable nature.  

Italy  has  been  running  a  National  Programme  for  the  protection  of  unaccompanied 
foreign minors, aiming at developing the protection of unaccompanied foreign minors in 
the country, supporting the municipalities in the implementation of specific services and 
promoting the standardization of the interventions at the national level. The Programme 
created  a  network  of  32  local  projects,  involving  14  regions,  29  provinces  and  56 
municipalities.  On  31  May  2011  the  Programme  provided  services  to  2  000 
unaccompanied foreign minors.  

In August 2011 the  Unified  Text Containing the Measures Governing Immigration was 
amended so that when the minor comes of age, a residence permit can be issued for study 
reasons, employed or self-employed work, once the Committee for Foreign Minor have 
expressed a positive opinion on the minor and if the minor has been residing in Italy for 
at least three years and has been participating in a social and civic integration project for 
at least two years.  

Hungary's Act on Asylum grants refugees the same rights and obligations as Hungarian 
citizens,  unless  an  Act  of  Parliament  or  a  Government  Decree  expressly  provides 
otherwise.  Under  the  same  Act,  beneficiaries  of  subsidiary  protection  have  the  same 
rights and obligations as refugees unless an Act of Parliament or a Government Decree 
expressly provides otherwise. However, they are not entitled to be naturalized under the 
preferential terms that are available to refugees  and receive a  different type  of passport 
from  refugees.  Support  for  enrolment  to  school  for  children  participating  in  general 
education,  reimbursement  of  the  costs  of  Hungarian  language  exam,  support  for  living 

80

 
 
 
 
 
 
costs, and housing benefits are also provided. Minor refugees, beneficiaries of subsidiary 
protection  and  minors  who  are  granted  a  humanitarian  residence  permit  fall  under  the 
scope of the Child Protection Act and by law are entitled to the same care that is provided 
for Hungarian children. 

In  Lithuania,  unaccompanied  minor  asylum  applicants  are  usually  granted  subsidiary 
protection,  i.e.  a  Lithuanian  residence  permit  for  a  period  of  one  year,  renewable 
thereafter.  No  unaccompanied  minors  have  been  granted  refugee  status  to  date.  The 
process  of  adaptation  by  unaccompanied  minors  to  a  foreign  environment  starts  at  the 
reception  centre,  which  is  where  they  live  until  they  are  moved  to  locations  across  the 
municipalities for integration support or, if social integration services are provided at the 
Centre, until such time as integration support comes to an end. Support is granted at the 
Centre for up to eight months. Taking into account the interests of the child, the period of 
time for which support is granted to unaccompanied foreign minors at the Centre may be 
extended  until  they  reach  18  years  of  age.  In  the  event  of  unforeseen  circumstances, 
support at the Centre may be extended further. 

In  Malta  unaccompanied  minors  who  apply  for  asylum  are  always  interviewed  in  the 
presence  of  their  guardian.  The  Office  of  the  Refugee  Commissioner  can  decide  not  to 
conduct  the  interview  if  the  minor  is  very  young.  In  these  exceptional  cases,  the 
information is obtained from the guardian. The Office of the Refugee Commissioner, as 
stipulated by Law, can recommend two types of protection: refugee status or subsidiary 
protection. In the event that minors cannot benefit from either of these, the Office of the 
Refugee  Commissioner  can  provide  another  form  of  local  protection,  known  as 
Temporary Humanitarian Protection, until the minor reaches the age of majority. 

The  aim  for  The  Netherlands  is  that  unaccompanied  minors  who  are  granted 
international  protection  or  another  type  of  residence  permit  should  be  integrated  in  the 
country as quickly as possible. There are various measures in the field of education, care, 
housing  and  employment  which  are  available  to  anyone  in  a  disadvantaged  position, 
including unaccompanied minors. Unaccompanied minors who applied for asylum, have 
a  right  to  reception  until  they  become  of  age  or  return  to  their  country  of  origin.  The 
reception includes the possibility to go to school, medical care, special guidance etcetera. 
ERF  is  used  to  improve  reception  facilities  for  children.  If  the  application  is  rejected, 
(unaccompanied) minors still have the right to get reception/shelter, school and medical 
care. Integration is not the aim for minors without a residence permit. 

In Poland issues regarding granting international protection are regulated in Section II of 
the  Act  of  13  June  2003  on  granting  protection  to  foreigners  in  the  territory  of  the 
Republic  of  Poland.  Criteria  concerning  granting  international  protection  also  apply  to 
unaccompanied  minors  seeking  refugee  status,  except  in  situations  where  there  are  no 
grounds  for  providing  international  protection  to  the  unaccompanied  minor.  Their 
situation is additionally considered in the context of ensuring care after return; either by 
the  closest  family,  relatives,  institutions  or,  alternatively,  organisations  established  for 
this purpose in the country of origin.  

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Another form of protection provided for by the Act is a tolerated stay. Pursuant to Article 
97(1a) of the Act, a foreigner is granted a permit for tolerated stay in the territory of the 
Republic  of  Poland  if  their  removal  would  violate  the  right  to  family  life  within  the 
meaning  of  the  Convention  for  the  Protection  of  Human  Rights  and  Fundamental 
Freedoms, or violate the rights of the child specified in the Convention on the Rights of 
the  Child  to  a  degree  posing  a  considerable  threat  to  the  child's  psychophysical 
development. 

Regarding  integration,  it  should  be  noted  that  in  2010–2011,  representatives  of  the 
Ministry  of  Interior  and  Administration  participated  in  meetings  of  an  expert  group 
organised by the Government Plenipotentiary for Equal Treatment. During the meetings, 
the  participants  discussed  issues  occurring  in  the  process  of  educating  children  of 
different races and cultures at Polish schools. 

Portugal's national  legislation,  in  those  cases  where  the  right  of  asylum  is  not  granted, 
caters  for  subsidiary  protection  to  unaccompanied  minors  through  the  granting  of  a 
residency  permit  on  humanitarian  grounds,  if  the  minor  is  a  national  of  a  State  where 
there is a serious lack of security due to armed conflict or a systematic violation of human 
rights. If they are not eligible for subsidiary protection, their situation may be covered by 
the general regime for foreigners, under Law 23/2007 of 4 July 2007.  

Portugal  recalls  the  Hague  Convention  of  19  October  1996,  regarding  competency, 
applicable  law,  recognition,  execution  and  cooperation  in  parental  responsibility  and 
child  protection  measures,  in  so  far  as  it  might  be  necessary  for  a  Member  State  to 
recognise legal measures that were applied in another State (for example, recognising the 
institutionalisation of a minor).  This Convention came into force in Portugal on 1 August 
2011. The Directorate-General for Social Re-integration is the national central body with 
responsibility in relation to this Convention. 

In Romania programs have been developed through European funding from the ERF or 
the  EIF.  Through  the  European  Integration  Fund  2010,  two  projects  take  place  in 
Romania,  targeting  minors  from  third  countries,  residents  in  Romania.  Another  two 
projects  are  carried  out  with  the  support  of  the  European  Refugee  Fund  2010  targeting 
minor asylum seekers and minors who obtained a form of protection in Romania.  

The  Ministry  of  Labour,  Family  and  Social  Protection  through  the  General  Directorate 
for Child Protection is responsible for the welfare of minors in Romania, elaborating the 
policies  and  strategies  in  the  field  of  child  protection.  At  local  level,  in  each  county  of 
Romania there is a General Directorate for Social Assistance and Child Protection which 
is the competent authority for all child protection issues. Regardless of whether the child 
has a legal status or not, his or her rights are fully respected.  

In the Slovak Republic stay of an unaccompanied minor is taken care by the social and 
legal protection of children and appropriate measures are adopted to support the culture, 
language,  religion  and  traditions  of  the  child's  country  of  origin.  Measures  include  also 
assistance where necessary in seeking the child's parents or relatives, and assistance with 

82

 
 
 
 
 
 
 
 
integration  with  the  child's  own  family.  In  the  event  of  voluntary  return  of  an 
unaccompanied  minor  to  the  country  of  origin,  the  authorities  work  closely  with  the 
International Organisation for Migration.  

Unaccompanied minors have the same rights as any child who is a Slovak citizen. Basic 
language instruction is given directly in the Children´s Home where UAMs are housed on 
arrival.  The  child  remains  in  the  reception  centre  until  the  decision  to  grant  or  refuse 
asylum or subsidiary protection is handed down. Once the Supreme Court of the Slovak 
Republic has confirmed a decision by the regional court to refuse asylum or subsidiary 
protection,  the  unaccompanied  minor  is  transferred  to  the  Children´s  Home,  within  the 
scope of the Ministry of Labour, Social Affairs and Family. Since 2009, the UAM who is 
granted  subsidiary  protection  is  placed  into  a  facility  for  minor  foreigners  (Children´s 
Home for Foreigners) or another Children´s Home. 

During  the  stay  in  the  Ministry  of  Internal  Affairs  Migration  Office's  reception  or 
accommodation  centre,  children  with  asylum-seeker  status  are  given  social,  legal, 
psychological  and  material  assistance  by  non-profit  organisations  financed  from  the 
European Refugee Fund. Unaccompanied minors without this status are a target group of 
the  European  Fund  for  the  Integration  of  Third-Country  Nationals,  where  they  receive 
support from non-profit organisations financed by the Fund. 

In Slovenia legislation in the area of international protection does not permit a person to 
obtain  the  status  of  international  protection  solely  because  he/she  is  an  unaccompanied 
minor;  rather,  this  status  is  granted  on  the  basis  of  the  individual  circumstances  of  the 
minor concerned/the validity of the reasons for granting international protection.  

Spain deals with UAM international protection by means of both the Alien Law and the 
Asylum Law. When there is no possibility of returning the minor, and nine months after 
being put into the custody and care authorities, the minor is granted a one year validity 
residence permit. This does not prevent return if this can be implemented, always taking 
into consideration the best interest of the child. If the minor is 16, he or she is authorized 
to work.  

In Sweden a minor who is a refugee or other person in need of protection will be granted 
a status declaration. If an application is rejected and it turns out during the return process 
that  the  minor  cannot  be  returned,  he  or  she  may  be  granted  residence  permit  on  the 
ground that there is an impediment to the enforcement. 

Asylum-seeking children and young people are entitled to health and dental care on the 
same terms as children resident in Sweden. They also have the right to education in the 
public  school  system,  pre-school  activities  and  school-age  childcare.  However,  school 
attendance for asylum-seeking children and young people is not compulsory.  

In the United Kingdom, the care of the child is the responsibility of the local authority in 
the  area  in  which  the  child  is  living.   The  child  will  have  a  social  worker  who  will  be 
responsible for arranging care that is appropriate for the needs of the individual child.  In 

83

 
 
 
 
 
 
 
 
 
asylum cases, the UK Border Agency case owner will liaise with the social worker at all 
key  points  within  the  asylum  process.   All  unaccompanied  asylum  seeking  children  are 
also  referred  to  the  Refugee  Council  Children’s  Panel  who  advise  and  assist  the  child, 
who also has access to legal representation. 

The  Agency  has  recently  agreed  to  put  in  place  procedures  by  which  unaccompanied 
asylum seeking children will, on arrival in the UK, have a period of up to four days to 
recover from their journey and arrange legal representation before they are subject to any 
substantive interviews. 

V.3. Resettlement 

V.3.1. Actions at the EU level  

The Commission will encourage Member States to continue to make maximum use 
of funding possibilities available under the ERF in relation to resettlement activities. 

Under  the  ERF  the  resettled  unaccompanied  minors  qualify  for  the  Fund's  financial 
support  –  as  one  of  the  vulnerable  groups.  Also  the  recently  adopted  'Joint  EU 
Resettlement  Programme'  for  2013  lists  the  unaccompanied  minors  as  one  of  the 
vulnerable priorities eligible for ERF co-funding. Through ensuring that unaccompanied 
minors are resettlement priority for the EU, the Member States participating in the ERF 
resettlement  pledging  exercise  are  more  likely  to  choose  unaccompanied  minors  to  be 
resettled.  This  means  that  more  refugee  unaccompanied  minors  may  find  a  durable 
solution through resettlement to the EU.  

The Commission and Member States should ensure that the specific needs of minors 
are  taken  into  account  when  implementing  the  proposed  Joint  EU  Resettlement 
Programme. 

In  the  preparation  of  each  Regional  Protection  Programme  (done  in  close  cooperation 
with the UNHCR) the unaccompanied minors are always taken into consideration while 
designing  concrete  objectives  and  activities  of  the  action.  For  example  the  resettlement 
component  of  Regional  Protection  Programmes  addresses  the  needs  of  the  most 
vulnerable refuges, among them unaccompanied minors. 

84