COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL The protection of children in migration
Date: 2017-04-12
Institutions: Directorate-General for Migration and Home Affairs, European Commission
Subjects: EU Member State, EU migration policy, aid to refugees, child, child protection, children's rights, foreign national, illegal migration, migrant, right of asylum

EN 

   EN 

   EUROPEAN COMMISSION  Brussels, 12.4.2017  COM(2017) 211 final   COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL The protection of children in migration {SWD(2017) 129 final}  
 
 
1. 

INTRODUCTION 

In recent years, the number of children in migration arriving in the European Union, many of whom 
are  unaccompanied,  has  increased  in  a  dramatic  way.  In  2015  and  2016,  around  thirty  per  cent  of 
asylum applicants in the European Union were children1. There has been a six-fold increase in the 
total number of child asylum applicants in the last six years2 

Behind  statistics,  there  are  individual  children  that  live  through  a  range  of  experiences  linked  to 
migration,  many  of  them  traumatic.  Migrant  children  are  in  a  state  of  particular  vulnerability, 
because  of  their  age,  their  distance  from  home,  and  often  their  separation  from  parents  or  carers. 
Thus, they require specific and appropriate protection. 

Both girls and boys in migration are exposed to risks and have often suffered from extreme forms of 
violence,  exploitation,  trafficking  in  human  beings,  physical,  psychological  and  sexual  abuse  and 
before and/or after their arrival on EU territory. They may risk being marginalised and drawn into 
criminal activity or radicalisation. Children may go missing or become separated from their families. 
Girls are particularly at risk of forced marriages as families struggle in straitened circumstances or 
wish  to  protect  them  from  further  sexual  violence.  Risks  are  exacerbated  when  children  travel 
unaccompanied or are obliged to share overcrowded facilities with adults who are strangers to them. 

Protecting  children  is  first  and  foremost  about  upholding  European  values  of  respect  for  human 
rights,  dignity  and  solidarity.  It  is  also  about  enforcing  European  Union  law  and  respecting  the 
Charter  of  Fundamental  Rights  of  the  European  Union  and  international  human  rights  law  on  the 
rights  of  the  child.  This  is  why  protecting  all  children  in  migration,  regardless  of  status  and  at  all 
stages of migration, is a priority. 

The European Union, together with its Member States, has been active on this front for many years. 
The existing EU policies and legislation provide a solid framework for the protection of the rights of 
the  child  in  migration  covering  all  aspects  including  reception  conditions,  the  treatment  of  their 
applications and integration. The  Action Plan on Unaccompanied Minors (2010-2014)3 has been 
instrumental  in  increasing  awareness  about  the  protection  needs  of  unaccompanied  children  in 
migration,  and  in  promoting  protective  actions4.  The  European  Agenda  on  Migration5  and  the 
Communication  on  the  state  of  play  of  its  implementation6,  have  most  recently  addressed  the 
protection  of  children  in  migration.  The  Commission  Recommendation  "Investing  in  Children: 
Breaking the Cycle of Disadvantage" has provided guidance with a view to reducing child poverty 
and improving child well-being, through mainstream and targeted measures7. As a result, there is a 
wealth  of  knowledge  and  good  practice  in  the  Member  States  on  the  protection  of  children  in 
migration. 

1   The terms ‘children in migration’, or ‘children’, in this document covers all third country national children (persons 
below 18 years old) who are forcibly displaced or migrate to and within the EU territory, be it with their (extended) 
family, with a non-family member (separated children) or alone, whether or not seeking asylum. This Communication 
uses  the  definition  of  ‘separated  child’  as  set  out  in  paragraph  8  of  General  Comment  No 6  of  the  United  Nations 
Committee on the rights of the child. 

2   http://ec.europa.eu/eurostat/web/asylum-and-managed-migration/data/database. 
3   COM(2010) 213 final. 
4   A Staff Working Document reporting on the implementation of the Action Plan since 2012 is presented together with 

this Communication, SWD(2017)129. 

5   COM(2015) 240 final. 
6   COM(2016) 85 final. 
7  
disadvantage" (OJ L 59 of 2.03.2013, p. 59). 

Commission  Recommendation  2013/112/EU,  of  20.02.2013,  "Investing  in  children:  breaking  the  cycle  of 

2 

 
 
                                                 
Notwithstanding this good practice and the progress achieved in Member States, the recent surge in 
the number of arriving migrant children has put national systems and administrations under pressure 
and exposed gaps and shortcomings in the protection of all categories of children in migration. The 
10th  Annual  Forum  on  the  rights  of  the  child  on  the  protection  of  children  in  migration 
organised  by  the  Commission  on  28-30  November  20168  and  discussions  at  dedicated  roundtable 
meetings with non-governmental and international organisations, as well as the "Lost in Migration" 
conference on 26-27 January 20179, have  underlined the need for targeted actions to better protect 
children  in  migration.  The  Council  of  Europe  Special  Representative  of  the  Secretary  General  on 
Migration  and  Refugees  Report  of  23  March  2017  also  identified  the  main  challenges  faced  by 
children in migration in Europe10. 

In  the  light  of  this  increased  number  of  migrant  children  arriving  in  Europe  and  of  the  growing 
pressure on national migration management and child protection systems,  this Communication sets 
out  a  series  of  actions  which  need  to  be  either  taken  or  better  implemented  now  by  the  European 
Union  and  its  Member  States  also  with  the  support  of  the  relevant  EU  agencies  (European  Border 
and  Coast  Guard  Agency;  European  Asylum  Support  Office  (EASO)  and  the  European  Union 
Agency for Fundamental Rights (FRA)). 

This  Communication  builds  on  relevant  EU  initiatives  taken  to  address  the  migratory  challenges, 
including  the  specific  additional  safeguards  proposed  in  the  context  of  the  reform  of  EU  asylum 
legislation11,  the  Action  Plan  on  Integration12  and  the  Commission  Recommendation  on  return13 
accompanying  the  renewed  Action  Plan  on  return14.  Therefore,  the  aim  is  to  provide  a  series  of 
coordinated and effective actions to the pressing protection gaps and needs that children face once 
they  reach  Europe,  ranging  from  their  identification,  reception,  implementation  of  procedural 
safeguards, as well as establishment of durable solutions. There is also scope for stepping up cross-
cutting actions at all migratory stages, such as using better and in a more targeted way EU financial 
support,  improving  data  collection  on  children  in  migration  and  providing  training  to  all  those 
working with children in migration. These actions will be implemented in synergy with those taken 
by the European Union to protect children globally, including in the countries of origin and transit.  

All  these  elements  should  be  taken  forward  as  part  of  the  EU's  comprehensive  approach  to 
managing migration, and to ensuring effective protection of children in migration, with a focus 
on strengthening cross-border cooperation15. 

The  principle  of  best  interests  of  the  child  must  be  the  primary  consideration  in  all  actions  or 
decisions concerning children. 

8   http://ec.europa.eu/newsroom/just/item-detail.cfm?item_id=34456. 
9   http://lostinmigration.eu/Conclusions_Lost_in_Migration_Conference.pdf. 
10   https://www.coe.int/en/web/portal/-/srsg-identifies-main-challenges-for-migrant-and-refugee-children-in-europe.  
11 

http://europa.eu/rapid/press-release_IP-16-1620_en.htm 

http://europa.eu/rapid/press-release_IP-16-

and 

See 

2433_en.htm.  

12   COM(2016) 377 final. 
13   C(2017) 1600 final. 
14   COM(2017) 200 final.  
15   In  line  with  the  'ten  principles  for  integrated  child  protection  systems’  –  http://ec.europa.eu/justice/fundamental-

rights/files/2015_forum_roc_background_en.pdf. 

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2.  ADDRESSING  ROOT  CAUSES  AND  PROTECTING  CHILDREN  ALONG  MIGRATORY  ROUTES: 

FURTHER STEEPING UP THE EU'S EXTERNAL ACTION 

The protection of children in migration starts by addressing the root causes which lead so many of 
them to embarking on perilous journeys to Europe. This means addressing the persistence of violent 
and  often  protracted  conflicts,  forced  displacements,  inequalities  in  living  standards,  limited 
economic  opportunities  and  access  to  basic  services  through  sustained  efforts  to  eradicate  poverty 
and deprivation and to develop integrated child protection systems in third countries.16 The European 
Union  and  its  Member  States  have  stepped  up  their  efforts  to  establish  a  comprehensive  external 
policy framework to reinforce cooperation with partner countries in mainstreaming child protection 
at the global, regional and bilateral level. The European Union is fully committed to implement the 
2030 Agenda for Sustainable Development, which calls for a world in which every child grows up 
free from violence and exploitation, has his/her rights protected and access to quality education and 
healthcare. 
The  2015  Valletta  Summit  political  declaration  and  its  Action  Plan17calls  for the prevention of 
and  fight  against  irregular  migration,  migrant  smuggling  and  trafficking  in  human  beings  (with  a 
specific focus on women and children), while at the same time calls for addressing the root causes of 
irregular and unsafe migration. In 2016, with the adoption of the Partnership Framework18, migration 
has been more firmly embedded in EU foreign policy, to tackle its root causes and refocus the EU's 
aid to development. 

Concrete actions to implement the above mentioned approach are currently ongoing and focusing on 
supporting the development of child protection mechanisms in partner countries, with specific 
focus  on  unaccompanied  minors,  in  order  to  provide  a  safe  environment  for  children  along  the 
migration route. For instance, the project ‘Better Migration Management’ (EUR 46 million), aims at 
improving  migration  management  at  regional  level  in  the  Horn  of  Africa  providing  specialised 
protection  to  unaccompanied  and  separated  minors  who  have  fallen  prey  to  human  trafficking  and 
smuggling networks. In the Regional Development and Protection Programme framework, for which 
projects  are  on-going  in  Ethiopia  (EUR  30  million),  Kenya  (EUR  15  million),  Somalia  (EUR  50 
million),  Sudan  (EUR  15  million)  and  Uganda  (EUR  20  million),  a  specific  focus  is  put  on  the 
protection  of  unaccompanied  minors  to  create  evidence-based,  innovative  and  sustainable 
development and protection solutions for both refugees and their host communities, including access 
to  and  provision  of  basic  rights  and  services.  In  West  Africa,  support  is  provided  to  countries  of 
origin and transit to strengthen regional cooperation on child protection supporting the West Africa 
Network  for  the  protection  of  children  on  the  move,  providing  assistance  in  developing  common 
protection  standards  and  sustainable  return  and  reintegration  mechanisms.  Other  specific  targeted 
actions  are  currently  implemented  in  the  region,  for  example  in  Mauritania,  focused  on  potential 
victims of child trafficking. 

Irregular migration of unaccompanied children to the EU via unsafe routes leaves them prey to child 
trafficking  and  exploitation  and  places  their  health,  if  not  their  lives,  at  risk.  Awareness-raising 
campaigns on the risks and dangers faced by children along the migration route have intensified. 

EU  funded  humanitarian  operations  will  continue  to  take  into  consideration  boys'  and  girls' 
specific  needs  and  vulnerabilities  and  ensure  their  protection  while  they  are  displaced.  Where 
appropriate,  support  will  be  provided  both  in  the  country  of  origin  and  throughout  the  different 

16 See Commission  Communication 'Lives in Dignity: from Aid-dependence to Self-reliance' COM(2016)234 (final)  
17   http://www.consilium.europa.eu/en/press/press-releases/2015/11/12-valletta-final-docs/. 
18   COM(2016) 385 final. 

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migration routes, including prevention of and response to violence (including sexual violence), case 
management,  registration  and  restoration  of  lost  civil  documentation,  family  tracing  and 
reunification, psycho-social support, provision of information, education and emergency shelters for 
unaccompanied children19. For example in South Sudan, the United Nations International Children's 
Emergency  Fund  (UNICEF)  has  carried  out  child  protection  activities  focusing  notably  on 
prevention and response to separation, family tracing and reunification ; psychosocial support; mine 
risk education and other lifesaving prevention messaging; as well as the release and reintegration of 
children  associated  with  armed  forces  and  groups.  In  Iraq,  Save  the  Children  provides  immediate 
lifesaving assistance to children and their families affected by the Mosul crisis and improve access to 
quality,  inclusive  education  and  child  protection  services  for  internally  displaced  persons  and  host 
communities  girls  and  boys.  In  Afghanistan,  the  International  Organisation  for  Migration  provides 
humanitarian protection assistance for vulnerable undocumented Afghan unaccompanied minors. 

In response to the Syrian crisis, and taking into account that half of those affected by the Syrian 
crisis in and outside of Syria are children, the Commission has been working to achieve the London 
conference20 goal of bringing all refugee children into education. Over EUR 700 million has been 
allocated to providing access to education for children displaced by the Syrian crisis either through 
the Facility for Refugees in Turkey or through the EU Trust Fund in response to the Syrian crisis in 
the  entire  region.  These  efforts  include  through  the  establishment  of  a  regional  partnership  on 
education with UNICEF, covering Lebanon, Turkey and Jordan and a cooperation with SPARK, the 
German Jordanian University, the British Council, the German Academic Exchange Service, Nuffic, 
Expertise  France  and  the  United  Nations  High  Commissioner  for  Refugees  (UNHCR),  to  help 
improve access to quality higher education opportunities distributing scholarships to vulnerable and 
internally displaced students in Syria, and to Syrian refugees. At the conference that was hosted in 
Brussels on the 4-5 of April on Supporting the future of Syria21 the Commission - alongside the other 
Conference's  participants  -  agreed  to  continue  this  work  towards  ensuring  a  No  lost  generation  of 
children in Syria and in the region and getting all refugee children and vulnerable children in host 
communities into quality education with equal access for girls and boys. 

The recently-revised EU Guidelines on the Promotion and Protection of the Rights of the Child22 
renew the EU's commitment to promote and protect the indivisibility of the rights of the child in its 
relations with third countries, including countries of origin or transit. They provide guidance to staff 
of EU institutions and Member States on how to operationalise a system-strengthening approach to 
ensure the protection of the rights of all children. In its  conclusions adopted on 3 April 201723, the 
Council  underlined  that  the  European  Union  will  continue  to  actively  engage  in  the  processes 
leading  to  the  elaboration  of  the  Global  Compact  on  Refugees  and  Global  Compact  on 
Migration,  following  the  adoption  of  the  New  York  Declaration  for  Refugees  and  Migrants  in 
September 201624. In this context, the Council reaffirmed the need to protect all refugee and migrant 
children, regardless of their status, and give primary consideration at all times to the best interests of 

19   See SWD(2016) 183 final - "Humanitarian Protection: Improving protection outcomes to reduce risks for people in 

humanitarian crises". 

20  See  conference  declaration  https://www.supportingsyria2016.com/news/co-hosts-declaration-of-the-supporting-syria-

and-the-region-conference-london-2016/ 

21  See  conference  declaration  http://www.consilium.europa.eu/en/press/press-releases/2017/04/05-syria-conference-co-

chairs-declaration/ 

22   EU Guidelines on the Promotion and Protection of the Rights of the Child, 7 March 2017, 6846/17. 

https://eeas.europa.eu/headquarters/headquarters-homepage/22017/guidelines-promotion-and-protection-rights-
child_en. 

23   Council Conclusions on the Promotion and Protection of the Rights of the Child, 3 April 2017, 7775/17. 
24   New York Declaration for Refugees and Migrants, A/71/L.1*, 13 September 2016. 

5 

 
 
                                                 
the  child,  including  unaccompanied  children  and  those  separated  from  their  families,  in  full 
compliance with the UN Convention on the Rights of the Child and its Optional Protocols. 

Key actions: 

The Commission and the Member States should: 

  prioritise actions aimed at strengthening child protection systems along the migratory routes, 
including  in  the  context  of  the  implementing  the  Valletta  Summit  political  declaration  and 
Action  Plan  and  the  Partnership  Framework,  as  well  as  in  the  framework  of  development 
cooperation; 

  support  partner  countries  in  developing  strong  national  child  protection  systems  and  civil 

registration services as well as cross-border cooperation on child protection; 

  support projects targeting the protection of unaccompanied children in third countries along 

migratory routes, in particular to prevent child trafficking or smuggling; 

  actively implement  of  the  EU  Guidelines  on  the  Promotion  and  Protection  of  the  Rights  of 

the Child. 

3.  SWIFT AND COMPREHENSIVE IDENTIFICATION AND PROTECTION 

a 

child 

Following  their  arrival  in  the  European  Union,  children  in  migration  should  always  be  identified 
and  registered  as  children,  using  a  uniform  data  set  across  the  European  Union  (for  example,  to 
indicate  whether 
family, 
nationality/statelessness,  age,  sex,  etc.).  Children  should  be  prioritised  in  all  border-related 
procedures and  receive adequate  support  from  specialised  staff  in  the  process  of  identification  and 
registration.  They  should  notably  apply  child-friendly  and  gender-sensitive  approaches  when 
collecting  fingerprints  and  biometric  data.  Vulnerabilities  and  special  protection  needs,  including 
healthcare needs, should be better systematically and individually assessed. 

is  unaccompanied, 

travelling  with 

separated  or 

Children,  especially  those  who  are  unaccompanied,  are  ever  more  exposed  to  the  risks  of 
exploitation  and  child  trafficking25.  Children  are  a  particularly  vulnerable  group  targeted  by 
traffickers,  and  the  risk  of  falling  prey  to  such  practices  has  been  exacerbated  by  the  number  of 
children  arriving  in  the  European  Union.  Specific  attention  should  be  given  to  responding  to  the 
needs of girls and boys who may have been victims of any forms of sexual or gender-based violence. 
However,  the  necessary  referrals  to  national  child  protection  systems  and/or  to  anti-trafficking 
referral  mechanisms  are  not  always  implemented,  or  not  implemented  promptly.  Children  who  are 
stateless, due for example to birth to stateless parents or due to gender discrimination in nationality 
laws  in  their  mother's  country  of  nationality,  may  be  difficult  to  identify  as  such,  and  hence  delay 
their status determination in the European Union.  

A  person  responsible  for  child  protection  should  therefore  be  present  at  an  early  stage  of  the 
identification and registration phase. Frontline Member States should, when needed, be supported by 
other Member States through deployment of experts by the EU agencies. There is an urgent need to 
integrate child protection at the hotspots  by appointing in each hotspot  a child  protection officer  – 
namely,  a  person  responsible  for  child  protection  acting  as  a  focal  point  for  all  issues  relating  to 
children, irrespective of whether children are applicants for international protection or not. 

Cross-border  family  tracing  and  reunification  processes,  including  in  countries  of  origin  and 
transit, are often not carried out, protracted or started too late. These procedures should be smoother 
and  faster  for  all  children,  whether  applying  for  international  protection  (and  thus  eligible  for 

25   See COM(2016) 267 final. 

6 

 
 
 
                                                 
transfers  in  application  of  the  Dublin  Regulation)26  or  under  the  Family  Reunification  Directive 
where  applicable27.  In  addition,  measures  should  be  taken  to  verify  the  family  links  of  separated 
children travelling with adults, before they are referred onwards, or guardianship is entrusted to the 
accompanying adult.  

Missing migrant children have the same right to protection as missing national children. Tackling 
the  phenomenon  of  missing  children  requires  setting  up  robust  prevention  mechanisms  and 
responses. In terms of prevention, missing children found anywhere on the territory of the European 
Union must be promptly identified, registered and referred to the child protection authorities. 

Protocols and procedures need to be in place to systematically report and respond to instances of 
unaccompanied children going missing28. Reception centre managers, in particular, as well as others 
involved in the care of the child, should report all cases of children going missing to the police. The 
missing children hotlines (116 000 number, operational in all EU Member States) and national child 
alert  mechanisms  must  be  used  where  appropriate.  All  cases  of  missing  unaccompanied  children 
should  be  recorded  by  the  police,  who  should  enter  an  alert  on  the  missing  child  in  the  Schengen 
Information System (SIS) and liaise with the national SIRENE bureau. Member States should also 
request a corresponding Interpol notice on missing persons to be issued29, involving Europol where 
relevant.  Further  efforts  to  raise  awareness  on  the  issue  of  missing  children  could  also  include 
information campaigns in relevant public places. 

The recently proposed reform of SIS includes a proposal to add a classification to the missing child 
alert in the system, indicating where known the circumstances of the disappearance and the fact that 
the  child  is  unaccompanied  and/or  a  victim  of  trafficking30.  Work  is  underway  on  an  automated 
fingerprint  identification  system  in  SIS.  This  will  allow  searching  SIS by  fingerprints  and  to  more 
reliably identify children in  need of protection. Lowering  the  age  for taking fingerprints and facial 
images from 14 to 6 years, as proposed in the revised Eurodac Regulation, could also facilitate the 
tracing of missing children31. Furthermore, the future Entry/Exit System32 will also help improve the 
identification and detection of third country national children who go missing in Europe. 

26   Regulation (EU) No 604/2013 establishing the criteria and mechanisms for determining the Member State responsible 

for examining an application for international protection, OJ L 180, 29.6.2013, p. 31–59. 
27   Directive 2003/86/EC on the right to family reunification, OJ L 251, 3.10.2003, p. 12–18.  
28  See  for 
the  Swedish  comprehensive  approach 

to  missing  unaccompanied  children  (national 
mapping/analysis/follow-up  actions).  http://www.lansstyrelsen.se/Stockholm/Sv/manniska-och-samhalle/manskliga-
rattigheter/ensamkommande-barn-som-forsvinner/Sidor/mapping-analysis-follow-up-on-missing-unaccompanied-
minors-in-sweden.aspx. 

instance 

29   Paying due regard to safeguards to avoid exposing applicants for international protection or their families to the risk 

of serious harm by actors in third countries. 

30   COM(2016) 883 final. 
31   COM(2016) 272 final.  
32   COM(2016) 194 final. 

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Key actions: 

As  of  2017,  with  the  support  of  the  Commission  and  the  EU  agencies,  the  Member  States  are 
encouraged to:  

  collect  and  exchange  comparable  data  to  facilitate  the  cross-border  tracing  of  missing 

children and the verification of family links; 

  apply  child-friendly  and  gender-sensitive  approaches  when  collecting  fingerprints  and 

biometric data; 

  ensure  that  a  person  responsible  for  child  protection  is  present  at  an  early  stage  of  the 
identification and registration phase and that child protection officers are appointed in each 
hotspot; 

  put in place the necessary procedures and protocols to systematically report and respond to 

all instances of unaccompanied children going missing. 

4.  PROVIDING ADEQUATE RECEPTION IN THE EUROPEAN UNION 

Reception  conditions  for  children  in  migration  include  not  only  safe  and  appropriate 
accommodation,  but  also  any  necessary  support  services  to  secure  the  child's  best  interests  and 
wellbeing,  such  as  independent  representation,  as  well  as  access  to  education,  healthcare, 
psychosocial support, leisure and integration-related measures. 

Reception facilities are not always adapted to the needs of children and staff are not always trained 
or  qualified  to  work  with  them.  Appropriate  child  protection  and  security  measures  are  not  yet  in 
place in all reception facilities. Individual needs assessments may be inadequate or not carried out, 
preventing the implementation of a tailored response to meet the needs of each child. While the use 
of  family-based  care/foster  care  for  unaccompanied  children  has  expanded  in  recent  years  and 
proven  successful  and  cost-effective,  it  is  still  under-utilised.  Psychological  support  to  traumatised 
children and families is needed, as well as specific services for girls and boys who may have suffered 
from sexual and gender-based violence, promoting access to sexual and reproductive care services. 
Children  living  in  communities  can  face  barriers  accessing  healthcare  and  education.  Children  are 
not  always  assured  early  access  to  education,  although  this  is  their  human  right  according  to  the 
United Nations Convention on the Rights of the Child and fundamental for securing their future and 
wellbeing.  

To  address  these  challenges,  the  Commission  will  continue  to  prioritise  safe  access  to  formal  and 
non-formal  education,  reducing  the  length  of  time  children’s  education  is  disrupted33.  Everything 
possible  must  be  done  to  ensure  the  availability  and  accessibility  of  suitable  and  safe  reception 
conditions. Suitable options could include, for unaccompanied children in particular, placement with 
adult relatives or a foster family, accommodation centres with special provision for children or other 
suitable  accommodation,  such  as  closely  supervised  open  reception  centres  designed  to  ensure  the 
protection  of  children,  or  small  scale  independent  living  arrangements  for  older  children34.  The 
United Nations Guidelines for the Alternative Care of Children constitute relevant standards.35 

In some instances, children have been accommodated in closed facilities due to a shortage of suitable 
alternative reception facilities. Given the  negative impact of detention on children, administrative 

33  In  particular  through  the  Emergency  Support  Instrument.  http://ec.europa.eu/echo/what-we-do/humanitarian-

34   As set out in Article 24 of Directive 2013/33/EU, laying down standards for the reception of applicants for international protection (recast)  OJ L 

aid/emergency-support-within-eu_en. 

180, 29.6.2013, p. 96–116.  

35 http://www.refworld.org/docid/4c3acd162.html. 

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detention  should  be  used,  in  line  with  EU  law,  exclusively  in  exceptional  circumstances,  where 
strictly  necessary,  only  as  a  last  resort,  for  the  shortest  time  possible,  and  never  in  prison 
accommodation. 

Moreover, where there are grounds for detention, everything possible must be done to ensure that a 
viable range of alternatives to the administrative detention of children in migration is available and 
accessible,36 including through support provided by the EU funds. The promotion of alternatives to 
detention will be the main topic of the 11th forum on the rights of the child (November 2017). 

The establishment of effective monitoring systems at the national level should also contribute to the 
good functioning of reception centres, making sure that business interests (for centres run for profit) 
do not prevail over child protection. To support Member States, EASO will in 2017 develop specific 
indicators  on  material  reception  conditions  for 
guidance  on  operational  standards  and 
unaccompanied children, in addition to the guidance on reception conditions already developed last 
year that apply to all asylum seekers. 

Key actions: 

As  of  2017,  with  the  support  of  the  Commission  and  the  EU  agencies,  the  Member  States  are 
encouraged to:  

  ensure  that  individual  gender-  and  age-sensitive  vulnerability  and  needs  assessments  of 
children are carried out upon arrival and taken into account in all subsequent procedures; 
  ensure  that  all  children  have  timely  access  to  healthcare  (including  preventive  care)  and 
psychosocial support, as well as to inclusive formal education, regardless of the status of the 
child and/or of his/her parents; 

  ensure  that  a  range  of  alternative  care  options  for  unaccompanied  children,  including 

 

foster/family-based care are provided; 
integrate  child  protection  policies  in  all  reception  facilities  hosting  children,  including  by 
appointing a person responsible for child protection; 

  ensure and monitor the availability and accessibility of a viable range of alternatives to the 

administrative detention of children in migration; 

  ensure  that  an  appropriate  and  effective  monitoring  system  is  in  place  with  regard  to 

reception of children in migration; 

  make full use of the forthcoming EASO guidance on operational standards and indicators on 

material reception conditions for unaccompanied children. 

5.  ENSURING  SWIFT  AND  EFFECTIVE  ACCESS  TO  STATUS  DETERMINATION  PROCEDURES  AND 

IMPLEMENTATION OF PROCEDURAL SAFEGUARDS 

Appropriate  safeguards  must  be  applied  to  all  children  present  on  the  territory  of  the  European 
Union,  including  at  all  stages  of  the  asylum  and  return  procedure.  Currently,  a  number  of  key 
protection measures, notably as regards access to information, legal representation and guardianship, 
the right to be heard, the right to an effective remedy and multidisciplinary and rights-compliant age 
assessments, needs to be stepped up. 

Guardians play a crucial role in guaranteeing access to the rights and in safeguarding the interests of 
all unaccompanied children, including those not applying for asylum. They can help build trust with 

36   See  Article  11  of  Directive  2013/33/EU  laying  down  standards  for  the  reception  of  applicants  for  international  protection  (recast),  OJ  L  180, 
29.6.2013, p. 96–116, and background reading, UNHCR standards on detention, and Items 84-88 under “Alternatives to 
detention”. http://ec.europa.eu/newsroom/document.cfm?doc_id=42359.  

9 

 
 
 
                                                 
the child and ensure his or her wellbeing, including for integration, in cooperation with other actors. 
Guardians  can  also  help  prevent  that  children  go  missing  or  fall  prey  to  trafficking.  There  are 
currently major shortcomings in the functioning of the guardianship systems in some Member States, 
particularly as regards the number of suitably qualified guardians available and the speed at which 
they are appointed. Where needed, guardianship institutions should be strengthened. Guardians need 
to be recruited in sufficient numbers, to be appointed faster and to be better equipped to fulfil their 
tasks.  There  is  also  a  pressing  need  to  develop  and  exchange  good  practices  and  guidance  among 
guardians  and  guardianship  authorities  in  the  Member  States.  That  is  why,  in  2017,  a  European 
guardianship network will be established. 

The Commission’s 2016 proposals to reform the Common European Asylum System recognise the 
fundamental role of guardians for unaccompanied children and seek to reinforce specific safeguards 
applicable  to  children37.  The  proposal  for  an  Asylum  Procedures  Regulation38  aims  to  strengthen 
guardianship  systems  in  Member  States,  while  the  new  Dublin  Regulation39  should  secure  rapid 
determination  of  the  Member  State  responsible  for  the  child’s  application  for  international 
protection. 

Age  assessment  methods  and  procedures  vary  widely  across  Member  States  and  do  not  always 
follow  EASO  recommendations  and  evolving  practice.  For  example,  unnecessary  age  assessments 
may  be  carried  out  and  invasive  methods  are  sometimes  used,  guardians  are  often  appointed  only 
after age assessment procedures have been carried out, and age disputes sometimes lead to children 
ending up in detention. In some cases, children are themselves expected to pay to challenge disputed 
age  assessments.  Reliable,  multi-disciplinary  age  assessment  procedures  fully  compliant  with  the 
legal safeguards related to age assessment provided by EU law are needed when there are doubts as 
to whether a person is under the age of 18. The person should be presumed to be a child and given 
the benefit of the doubt where results are inconclusive, in line with EU law40. In 2017, EASO will 
update its guidance on age assessment. 

As  mentioned  above,  family  tracing  and  family  reunification/unity  procedures  are  often 
protracted  or  start  too  late.  Such  procedures  should  be  carried  out  irrespective  of  the  child’s  legal 
status, with the involvement of a person responsible for child protection or the child’s guardian once 
appointed.  For  asylum  applicants,  transfers  based  on  the  family  unity  provisions  in  the  Dublin 
Regulation  are  under-utilised,  and  sometimes  take  many  months  to  be  implemented.  Concerted 
efforts should be made to speed up family reunification procedures, prioritising unaccompanied and 
separated  children.  Where  children  are  transferred  across  borders  within  the  European  Union, 
whether  pursuant  to  the  Dublin  Regulation  or  otherwise,  close  cooperation  between the  authorities 
responsible for the child's wellbeing in each Member State is essential. Member States should make 
full use of existing cooperation channels, for example through Central Authorities provided for in the 
Brussels IIa Regulation41. 

37 

See 

http://europa.eu/rapid/press-release_IP-16-1620_en.htm 

and 

http://europa.eu/rapid/press-release_IP-16-

2433_en.htm. 

38   COM(2016) 467 final. 
39   COM(2016) 270 final.  
40   For migrant children applying for asylum, this is set out in Directive 2013/32/EU on common procedures for granting 
and  withdrawing  international  protection,  OJ  L  180,  29.6.2013,  p.  60–95.  See  also  Article  13(2)  of  Directive 
2011/36/EU  on  preventing  and  combating  trafficking  in  human  beings  and  protecting  its  victims,  OJ  L  101, 
15.4.2011, p. 1–11. 

41   Regulation  (EC)  No  2201/2003  concerning  jurisdiction  and  the  recognition  and  enforcement  of  judgments  in 

matrimonial matters and the matters of parental responsibility, OJ L 338, 23.12.2003, p. 1–29. 

10 

 
 
                                                 
There  are  sometimes  long  delays  in  processing  the  asylum  and  other  proceedings  concerning 
children. Children’s status determination procedures should be prioritised (the ‘urgency principle’) 
in line with the Council of Europe Guidelines on child-friendly justice42. 

Relocation of asylum-seekers from Italy and Greece is designed not only to relieve pressure on these 
Member  States  but  also  to  ensure  prompt  access  to  asylum  procedures  for  the  persons  relocated.  
Under  the  Council  Decisions  on  relocation43,  Member  States  should  prioritise  the  relocation  of 
vulnerable persons, including unaccompanied children and other children in particularly vulnerable 
situations.  In  December  2016,  the  European  Council  called  on  Member  States  to  further  intensify 
their  efforts  to  accelerate  relocation,  in  particular  for  unaccompanied  children44.  Despite  constant 
encouragement  from  the  Commission,  as  of  2  April  2017,  only  341  unaccompanied  and  separated 
children had been relocated from Greece. In Italy, only one separated child has been relocated as the 
authorities  have  not  yet  developed  a  specific  procedure  for  the  relocation  of  unaccompanied 
children45. It is essential that Member States step up their pledging specifically for unaccompanied 
and separated children. 

Key actions: 

In 2017, the Commission and the EU agencies will: 

  establish  a  European  guardianship  network,  to  develop  and  exchange  good  practices  and 
guidance  on  guardianship  in  cooperation  with  the  European  Network  of  Guardianship 
Institutions;  

  EASO will update its guidance on age assessment. 

With the support of the Commission and the EU Agencies, the Member States are encouraged to:  

  strengthen 

the  guardianship  authority/institution 

to  ensure 

that  guardians  for  all 

unaccompanied children are swiftly in place; 
implement reliable, multi-disciplinary age and non-invasive assessment procedures; 

 
  ensure  swift  and  effective  family  tracing,  within  or  outside  the  EU,  by  making  full  use  of 

existing cross-border cooperation channels; 

  give priority to processing cases (e.g.: asylum applications) concerning children in line with 

the urgency principle; 

  give priority to the relocation of unaccompanied children from Greece and Italy. 

6.  ENSURING DURABLE SOLUTIONS 

Durable  solutions are crucial to  establish  normality and  stability for all children in the long  term. 
The  identification  of  durable  solutions  should look  at  all  options,  such  as  integration  in  a  Member 
State,  return  to  the  country  of  origin,  resettlement  or  reunification  with  family  members  in  a  third 
country. It is essential that a thorough best interests determination be carried out in all cases46.  

42   In  line  with  Article  31(7)b  of  the  Asylum  Procedures  Directive,  and  the  Council  of  Europe  Guidelines  on  child-

friendly justice:50. https://search.coe.int/cm/Pages/result_details.aspx?ObjectID=09000016804b2cf3. 

43   Council  Decision  (EU)  2015/1523  of  14  September  2015  establishing  provisional  measures  in  the  area  of 
international protection for the benefit of Italy and of Greece and Council Decision (EU) 2015/1601 of 22 September 
2015 establishing provisional measures in the area of international protection for the benefit of Italy and Greece. 
44   http://www.consilium.europa.eu/en/meetings/european-council/2016/12/20161215-euco-conclusions-final_pdf/. 
45   COM(2017)212 final. 
46   See  http://www.connectproject.eu/PDF/CONNECT-EU_Reference.pdf  (page  59)  for  an  overview  of  EU  provisions 

on durable solutions. 

11 

 
 
 
 
                                                 
Clear rules should be established on the legal status of children who are not granted asylum but who 
will  not  be  returned  to  their  country  of  origin47.  Member  States  should  establish  procedures  and 
processes to help identify durable solutions on an individual basis, and clearly set out the roles and 
duties  of  those  involved  in  the  assessment,  in  order  to  avoid  that  children  are  left  for  prolonged 
periods  of  time  in  limbo  as  regards  their  legal  status.  Access  to  education,  healthcare  and 
psychosocial support while awaiting the identification of a durable solution should also be ensured. 
Finally,  Member  States  should  seek  to  ensure  availability  of  status  determination  procedures  and 
resolution of residence status for children who will not be returned, in particular for those who have 
resided in the country for a certain period of time. 

Early  integration  of  children  is  crucial  to  support  their  development  into  adulthood.  It  is  a  social 
investment  and  essential  factor  contributing  to  societal  cohesion  overall  in  Europe.  Integration  of 
children  at  the  earliest  stage,  through  mainstream  and  targeted  measures,  is  also  important  to 
minimise  risks  with  regard  to  possible  criminal  activity  and  exposure  to  radicalisation48  The 
Radicalisation Awareness Network looks into available practices and approaches of how to support 
and protect children who may have been traumatised and might be vulnerable to radicalisation49. It 
includes  continuing  efforts  to  promote  a  positive  approach  to  diversity,  as  well  as  to  combating 
racism, xenophobia and in particular hate speech against children in migration.  

Given  that  recently  arrived  children  may  not  yet  have  been  able  to  acquire  sufficient  skills  and 
competences to fully and actively integrate in society, in particular for transition into further study or 
the labour market, children in this transitional phase should be provided with guidance, support and 
opportunities for continuing education and training. Furthermore, as is the case for children in State 
care who are EU nationals, mechanisms and processes need to be in place to help prepare children in 
migration in State care for the transition to adulthood/leaving care. 

The Commission promotes cooperation between Member States in this area, facilitating exchanges 
of  good  practices50  and  providing  financial  support  to  pilot  integration  projects  for  all  migrant 
children,  including  those  who  are  unaccompanied.  The  integration  of  unaccompanied  children  is  a 
priority  under  the  Asylum,  Migration  and  Integration  Fund  (AMIF)  2014-2020.  In  line  with  the 
Action  Plan  on  integration  of  third  country  nationals51  and  the  December  2016  Council 
Conclusions52, key steps taken so far include calls for proposals across policy areas, with integration 
as a main priority. 

Member  States’  integration  policies  reflect  their  diverse  social  and  economic  backgrounds  and 
conditions.  Early  and  effective  access  to  inclusive,  formal  education,  including  early  childhood 
education and care, is one of the most important and powerful tools for the integration of children, 
fostering language skills, social cohesion and mutual understanding. Training that prepares teachers 
to  work  with  children  of  diverse  backgrounds  is  a  key  factor  for  integration.  Attention  to  other 
dimensions  of  socialisation,  including  through  leisure  activities  and  sports,  is  also  important. 

47   In line with paragraph 13 of the Return Recommendation of 7 March 2017 (COM(2017) 1600 final). 
48   In line with the Council Conclusions of 3 November 2016 (13611/16) and COM(2016) 379 final. See also findings of 
the Council of Europe's Report of 15 March 2016 on "Preventing the radicalisation of children by fighting the root 
causes", and the Council of Europe Parliamentary Assembly's Resolution 2103/2016. 

49   See  RAN  Issue  Paper  of  November  2016  on  "Child  returnees  from  conflict  zones"  setting  out  the  particular 
challenges  of  working  with  children  at  risk:  https://ec.europa.eu/home-affairs/sites/homeaffairs/files/what-we-
do/networks/radicalisation_awareness_network/ran-
papers/docs/issue_paper_child_returnees_from_conflict_zones_112016_en.pdf  ;  see  also  forthcoming  manual  on 
returnees responses including a dedicated chapter on children to be presented at the RAN Conference on Returnees 
of June 2017. 

50   See European website on integration https://ec.europa.eu/migrant-integration/search?search=child+good+practices.  
51   COM(2016) 377 final. 
52   http://data.consilium.europa.eu/doc/document/ST-15312-2016-INIT/en/pdf. 

12 

 
 
                                                 
Effective  access  to  education,  and  to  any  measures  necessary  to  ensure  such  access  (e.g.  language 
classes),  must  be  available  to  all  children,  even  if  they  will  be  returned  to  a  third  country.  Due  to 
emerging  risks  of  segregated  education  for  children  in  migration53,  access  to  inclusive  and  non-
discriminatory  education  is  the  key  towards  children's  integration  in  other  areas  of  life.  Timely 
access to healthcare and an adequate standard of living are key to the integration of children in 
the host countries. Improvement of living conditions, measures to tackle child poverty and to ensure 
healthcare (including mental healthcare) provision are critical54. 

Member States should also increase the use of resettlement and other legal pathways for children, 
including  children  in  families,  with  a  particular  focus  on  the  most  vulnerable.  Unaccompanied  or 
separated  children  and  families  may  be  eligible  for  urgent  resettlement  through  Member  States’ 
national resettlement programmes or under the ongoing European resettlement schemes established 
by  the  Conclusions  on  resettlement55  of  20 July  2015  and  the  EU-Turkey  Statement  of  18 March 
2016.  Resettlement  of  unaccompanied  or  separated  children  is  encouraged  through  financial 
incentives in the Union resettlement programme under the AMIF Regulation56. On 13 July 2016, the 
Commission  adopted a proposal  for a Regulation establishing a Union Resettlement  Framework in 
which  children  and  adolescents  at  risk  are  designated  as  vulnerable  persons  eligible  for 
resettlement57. 

Where it is in their best interests, children should be returned to their country of origin or reunited 
with family members in another third country. Decisions to return children to their country of origin 
must respect the principles of non-refoulement and the best interests of the child, should be based on 
a  case-by-case  assessment,  and  following  a  fair and  effective  procedure  guaranteeing  their  right  to 
protection and non-discrimination. Particular  priority should be  attached to  better  cooperation with 
countries  of  origin,  including  by  ensuring  better  family  tracing  and  reintegration  conditions.  The 
Return Handbook58 and the Commission Recommendation of 7 March 2017 on making returns more 
effective when implementing Directive 2008/115/EC59 provide for specific guidelines as regards best 
interests of the child. It is important to ensure that children who will be returned are given prompt 
access to appropriate (re)integration measures, both before departure and after arrival in their country 
of origin or another third country. 

53   See the Fundamental Rights Agency Report "Together in the EU – Promoting the participation of migrants and their 

descendants". http://fra.europa.eu/en/publication/2017/migrant-participation.    

54   Migrant  children  are  exposed  to  a  high  risk  of  poverty  and  the  integrated  approach  promoted  in  the  Commission's 
Recommendation Investing in children: breaking the cycle of disadvantage warrants renewed focus in the context of 
integration. OJ L 59, 2.3.2013, p. 5-16. 

55   11130/15. 
56   Regulation (EU) No 516/2014 establishing the Asylum, Migration and Integration Fund, OJ L 150, 20.5.2014, p. 168-

194. 

57   COM(2016) 468 final. 
58   https://ec.europa.eu/home-affairs/sites/homeaffairs/files/what-we-do/policies/european-agenda-migration/proposal-

implementation-package/docs/return_handbook_en.pdf.  

59   C(2017) 1600 final. 

13 

 
 
                                                 
Key actions: 

In 2017, the Commission will: 

  promote  the  integration  of  children  through  available  funding  and  exchange  of  good 
practices addressing non-discriminatory access to public services and targeted programmes. 

The Member States are encouraged to:  

  ensure,  within  a  short  time  span  after  arrival,  equal  access  to  inclusive,  formal  education, 
including  early  childhood  education  and  care,  and  develop  and  implement  targeted 
programmes to support it; 

  ensure timely access to healthcare as well as to other essential public services to all children; 
  provide support to enable children in the transition to adulthood (or leaving care) to access 

 

necessary education and training; 
foster  social  inclusion  in  all  integration-related  policies,  such  as  prioritising  mixed,  non-
segregated housing and inclusive education; 
increase resettlement to Europe for children in need of international protection; 

 
  ensure that appropriate family tracing and reintegration measures are put in place to meet the 

needs of children who will be returned to their country of origin. 

7.  CROSS-CUTTING  ACTIONS:  RESPECT  AND  GUARANTEES  FOR  THE  BEST  INTERESTS  OF  THE 

CHILD; MORE EFFECTIVE USE OF DATA, RESEARCH, TRAINING AND FUNDING 

The child’s best interests must be assessed and taken into account as the primary consideration in 
all  actions  or  decisions  that  concern  him  or  her60.  However,  at  present,  the  legislation  of  most 
Member  States  does  not  set  out  a  process  for  identifying  and  implementing  this  requirement, 
including  with  regard  to  durable  solutions  for  unaccompanied  children  based  on  an  individual  and 
multidisciplinary assessment. Nor does national legislation always clearly specify the guardian’s role 
in  this  context.  It  is  important  that  the  European  Union  provides  further  guidance  on  this  topic, 
building  upon  international  standards.  A  robust  determination  of  the  child's  best  interests,  in  the 
identification of the most appropriate durable solution for him or her, should entail extra procedural 
safeguards, given the huge impact this decision has on a child’s future61. 

Targeted research can also serve a useful purpose. Horizon 2020, the EU Framework Programme for 
Research  and  Innovation,  will  carry  out  research  on  how  to  address  the  integration  of  children  in 
migration within EU educational systems.  

Children need to be informed – in a child-sensitive and age- and context- appropriate manner – on 
their rights, on procedures and on services available for their protection. More needs to be done to 
tackle  gaps  and  to  use  a  range  of  information  methods  to  meet  children’s  needs,  and  the  role  of 
cultural mediators as well as interpreters has proven to be beneficial in that respect. 

60    CRC  General  Comment  No  14;  http://www2.ohchr.org/English/bodies/crc/docs/GC/CRC_C_GC_14_ENG.pdf; 
interests:  Safe  and  Sound,  2014: 
guidelines 
the  UNHCR/International  Rescue  Committee  Field  Handbook 

procedural  safeguards  at  Section  V.  UNHCR  guidance  on  best 
http://www.refworld.org/docid/5423da264.html; 
(http://www.unhcr.org/4566b16b2.pdf)  and 
(http://www.refworld.org/pdfid/4e4a57d02.pdf). 

Interests  Determination 

2012  Best 

The 

61   Article 6(1) of Dublin III Regulation, recital 35 of Eurodac Regulation, recital 33 of the recast Asylum Procedures 
Directive,  recital  18  of  the  recast  Qualification  Directive,  recital  9  and  Article  23(2)  of  the  Reception  Conditions 
Directive. 

14 

 
 
 
 
                                                 
The  European  Union  has  strengthened  its  operational  support  to  Member  States  in  terms  of 
training,  collection  of  data,  funding  and  exchange  of  best  practices.  It  will  pursue  this  effort  to 
support the implementation of all actions outlined in this Communication. 

People working with and for children (such as border guards, reception centre workers, guardians) 
are not always adequately trained in child protection and rights of the child and in communicating 
with  children  in  a  gender,  age-  and  context-  appropriate  manner.  Allocating  resources  to  training 
should be a priority. In 2017, relevant EU agencies will increase the support and volume of training 
on the protection of children in migration. 

Data on children in migration are still very fragmented, not always disaggregated by age and sex 
and  not  always  comparable,  making  children  and  their  needs  "invisible".  Moreover,  the  precise 
numbers of (unaccompanied) children who go missing or abscond from reception and care facilities 
are  not  known62.  Only  data  on  the  number  of  children  who  apply  for  asylum  are  collected  in  a 
coordinated  manner.  More  detailed  data  on  all  children  in  migration  are  needed  to  inform  policy 
development and better target support services and to plan for contingencies63, in line with the New 
York Declaration for Refugees and Migrants of 19 September 201664. To this end, the Commission’s 
Knowledge  Centre  on  Migration  and  Demography  will  compile  a  data  repository  on  children  in 
migration65.  By  the  end  of  2017,  the  Commission  will  also  launch  consultations  on  possible 
improvements to current EU-level data collection related to children and migration including based 
on  the  Migration  Statistics  Regulation66  and  the  2011  Guidelines6768  with  a  view  to  improving  the 
coverage, availability and level of disaggregation of these data 

EU  funding  contributes  to  the  protection  of  children  in  migration  and  supports  integrated  child 
protection  systems.  However,  the  increased  proportion  of  children  in  the  overall  migrant  inflow 
would also require that their needs are prioritised in accordance with the scale of the phenomenon in 
national programmes of Member States under AMIF and the Internal Security Fund (ISF). Protection 
is  mainstreamed  across  emergency  interventions  supported  by  the  Emergency  Support  Instrument. 
Other  EU  funds  should  be  used  more  to  support  reception,  integration,  education  and  training  or 
access to  procedural  safeguards, including the European Structural  and Investment Funds, such  as, 
the European Social Fund, the European Regional Development Fund, as well as the Fund for Aid to 
the  Most  Deprived,  the  Employment  and  Social  Innovation  programme  (EaSI)  and  the  Rights, 
Equality and Citizenship Programme69. At the same time, it is important to ensure that the necessary 
EU  funding  includes  a  child  protection  requirement  so  that  organisations  in  direct  contact  with 

62   In  2013,  a  Commission  study  on  Missing  children  in  the  European  Union:  Mapping,  data  collection  and  statistics 
12  Member  States. 

provided 
http://ec.europa.eu/justice/fundamental-rights/files/missing_children_study_2013_en.pdf. 

unaccompanied 

of  missing 

numbers 

children 

data 

the 

63   E.g. on withdrawals of international protection claims, pending cases, decisions granting or withdrawing status and 

on 

in 

Dublin transfers. 

64   https://refugeesmigrants.un.org/declaration - Section II Commitments that apply both to refugees and migrants, para 

40. 

65   https://ec.europa.eu/jrc/en/migration-and-demography.   
66 http://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX%3A32009R0223.   

Regulation  (EC)  No  223/2009 
on European statistics and repealing Regulation (EC, Euratom) No 1101/2008 on the transmission of data subject to 
statistical confidentiality to the Statistical Office of the European Communities, Council Regulation (EC) No 322/97 
on  Community  Statistics,  and  Council  Decision  89/382/EEC,  Euratom  establishing  a  Committee  on  the  Statistical 
Programmes of the European Communities, OJ L 87, 31.3.2009, p. 164–173. 

67  Eurostat,  First  permits 

issued 

for  other 

reasons  by 

reason, 

length  of  validity  and  citizenship,  at 

http://appsso.eurostat.ec.europa.eu/nui/show.do?dataset=migr_resoth. 

68  Eurostat,  First  permits 
issued 
http://appsso.eurostat.ec.europa.eu/nui/show.do?dataset=migr_resoth. 
69   Background  document  on  EU  funding  to  protect  children  in  migration,  2016  European  Forum  on  the  rights  of  the 

length  of  validity  and  citizenship,  at 

reasons  by 

for  other 

reason, 

child. http://ec.europa.eu/newsroom/document.cfm?doc_id=19748. 

15 

 
 
                                                 
children ensure that their staff is vetted and qualified, and that reporting procedures and mechanisms 
and accountability measures are in place. 

There  is  a  wealth  of  knowledge  and  good  practice  in  the  Member  States  on  the  protection  of 
children in migration, which needs to be shared at local and national level.  

Lastly, the Commission will ensure close monitoring of the implementation of all relevant aspects of 
EU  law,  including  in  particular  compliance  with  fundamental  rights  obligations  and  safeguards 
related to the rights of the child70. 

Key actions: 

In/as of 2017, the Commission and the EU agencies will: 

  provide additional training, guidance and tools on best interests of the child assessments; 
 

launch consultations on possible improvements to  current  EU-level data collection relating 
to children in migration including based on the Migration Statistics Regulation and the 2011 
Guidelines,  and  the  Commission’s  Knowledge  Centre  on  Migration  and  Demography  will 
compile a data repository on children in migration; 
require  that  organisations  in  direct  contact  with  children  have  in  place  internal  child 
protection policies in order to be granted EU funding; 

 

  collect  and  disseminate  good  practices  on  the  protection  of  children  in  migration  via  an 

online database. 

The Member States are encouraged to:  

  ensure  that  all  children  are  provided  with  relevant  information  on  their  rights  and  on 

procedures, in a child-friendly and age- and context- appropriate manner; 

  ensure that  those  working  with  children  in  migration  –  from  arrival at  EU  borders to  their 
integration  or  return  –  are  appropriately  trained  and  child  protection  professionals  are 
involved where relevant; 

  prioritise children in migration under AMIF and ISF national programmes; make use of any 
other  available  complementary  EU  funding,  ensure  that  organisations  to  be  funded  have 
child protection policies in place; 

  enhance collection of more disaggregated data and statistics on children in migration. 

8.  CONCLUSION 

Progress has been made on the Action Plan on Unaccompanied Minors of 2010-2014, including as 
regards  the  legal  framework  for  the  protection  of  children  in  migration,  as  shown  in  the  Staff 
Working Paper accompanying this Communication. There is also a wealth of knowledge and good 
practice  in  the  Member  States  on  the  protection  of  children  in  migration,  which  should  be  widely 
shared. However, further tangible improvements to the protection of all children in migration are 
needed to adequately address the current challenges.  

Therefore,  a  determined,  concerted  and  coordinated  follow-up  to  the  key  short-term  actions  set 
out  in  this  Communication  is  required  at  the  EU  and  national,  regional  and  local  levels,  also  in 
cooperation with civil society and international organisations. The swift approval by the legislators 
of  the  pending  proposals  for  the  reform  of  the  Common  European  Asylum  System,  which  contain 

70   http://ec.europa.eu/justice/fundamental-rights/files/acquis_rights_of_child.pdf. 

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several  provisions  specifically  targeted  to  improve  the  protection  of  children  and  other  vulnerable 
persons, would provide additional protection of the rights of children in migration and will need to 
be swiftly implemented by the Member States. 

The Member States remain at the forefront in ensuring the protection of children in migration, and 
the  Commission  will  support  them  with  the  actions  outlined  in  this  Communication,  including  by 
providing  increased  training,  guidance,  operational  support  and  available  funding. The  cooperation 
among EU agencies will also be reinforced as well as cooperation with national authorities, United 
Nations  agencies  and  civil  society  organisations  active  in  the  field.  The  Commission  will  closely 
monitor the follow-up of the actions set out in this Communication and will regularly report to the 
European Parliament and the Council. 

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