Title Unaccompanied Minors in International, European and National Law

Published Berlin : BWV Berliner Wissenschafts-Verlag, 2016

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Description 1 online resource (282 pages) Series Abhandlungen zu Migration und Flüchtlingsfragen ; v. 6 Abhandlungen zu Migration und Flüchtlingsfragen. Contents Abbreviations; Introduction (Ralf Roßkopf); I. Lifeworlds of Unaccompanied Minors; Unaccompanied Minors -- Lifeworlds in the Spheres of Childhood and Seeking Refuge (Katharina Heilmann); 1. The Term "Unaccompanied Minors"; 1.1 Definition according to the Convention on the Rights of the Child; 1.2 Refugee Child; 1.3 Unaccompanied Minors; 2. Politics; 2.1 The Current Special Status of Europe; 2.2 Unaccompanied Minors in Europe; 3. Reasons for Seeking Refuge; 3.1 The Decision to Seek Refuge and the Families of UM; 3.2 Escape Routes and Escape Aid 4. Physical and Psychological Developments of UM4.1 The Phase of Adolescence; 4.2 Forced Migration as a Critical Life Event; 4.3 The Risk of Traumatization; 4.4 Effect on the Mental Development; 5. Social Environment and Pedagogic Supervision; 5.1 Adolescence between the Home and Host Country; 5.2 Autonomy and Independence; 5.3 Pedagogic Perspectives of Action; 5.4 Pedagogic Approach; 6. Synopsis: Challenges and Responsibility; II. Unaccompanied Minors in International and European Law; Unaccompanied Minors in International Law (Andrea Crescenzi); 1. Introduction 2. International Law on the Protection of Unaccompanied Minors2.1 The Principle of Non-discrimination; 2.2 The Principle of the Best Interest of the Child; 3. The International Law and the Protection of Unaccompanied Minors by the State; 3.1 Immediate Measures; 3.2 Durable Measures; The Council of Europe and Unaccompanied Minors (Chiara Pelaia); 1. Introduction; 2. The Rights-based Approach to the Issue of Unaccompanied Minors; 3. The Recommendations of the Parliamentary Assembly; 4. The Recommendation of the Committee of Ministers on Life Projects 5. The Rights of Unaccompanied Minors in the Work of the Commissioner for Human Rights6. Concluding Remarks: the Added Value of the Documents of the Council of Europe; Unaccompanied Minors in the Jurisprudence of the European Court of Human Rights (Réka Friedery); 1. Introductory Remarks; 2. The Notion of Vulnerability in the Practice of the ECtHR; 3. The Principle of the Best Interest of the (Unaccompanied) Child; 4. Interim Measures of ECtHR; 5. Conclusion; Unaccompanied Minors in EU Law (Nicola Colacino); 1. Introduction; 2. The Relevant Legal Famework 2.1 The Definition of Unaccompanied Minor or Children in EU Law2.2 EU Primary Law; 2.3 EU Legislation; 2.4 The Case Law of the EU Court of Justice; 2.5 The EU Policy Framework on Unaccompanied Minors and the Agencies Involved; 2.6 Concluding Remarks; III. Unaccompanied Minors in National Law; Unaccompanied Minors in Austria (Iris Gachowetz); 1. Overall Situation; 2. Application of the Convention on the Rights of the Child; 3. Special Treatment as a Minor; 4. Age Determination; 5. Guardianship; 6. Residence Status (Aufenthaltsstatus); 7. Asylum Procedure; 8. Accommodation; 9. Youth Services Summary "Worldwide, 59.5 million people were displaced in 2014, 51% of which were children under the age of 18. Officially, 34,400 asylum applications were submitted by unaccompanied minors. Due to their particular vulnerability, they pose a particular challenge for their host societies. The study describes the phenomenon of unaccompanied minors and compares the international, European and national standards of protection with the current situation and the legal practice in Austria, Canada, Hungary, Germany, Italy, Poland and the United States. In addition to the overall situation, the following topics are analysed: the application of the Convention on the Rights of the Child, special treatment as a minor, age determination, guardianship, residences status, asylum procedure, accommodation, youth services, livelihood support benefits, medical treatment, schooling, work permit and changes in the protection status when coming of age. Recent developments are identified, and conclusions are drawn regarding further improvements"--Back cover Notes 10. Livelihood Support Benefits Bibliography Includes bibliographical references Notes Print version record Subject Unaccompanied immigrant children. Unaccompanied immigrant children -- Government policy Unaccompanied immigrant children -- Legal status, laws, etc Noncitizen children -- Government policy Unaccompanied refugee children. Illegal immigration -- Government policy SOCIAL SCIENCE -- Discrimination & Race Relations. SOCIAL SCIENCE -- Minority Studies. Emigration and immigration Emigration and immigration -- Government policy Unaccompanied immigrant children Unaccompanied refugee children SUBJECT Europe -- Emigration and immigration European Union countries -- Emigration and immigration -- Government policy European Economic Community countries -- Emigration and immigration -- Government policy Subject Europe European Union countries Österreich Kanada Deutschland Ungarn Italien Polen Form Electronic book ISBN 9783830529668 383052966X

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