Source : http://www.asylumlawdatabase.eu
Auteurs : ECRE, Forum Réfugiés-Cosi, the Hungarian Helsinki Committee and the Irish Refugee Council
Date : décembre 2015
In line with international and European standards, Member States are under an obligation to protect all children from violence, and hold primary responsibility to establish comprehensive child protection systems. The EU seeks to support Member States in this endeavour, as the promotion of the protection of the rights of the child is an explicit objective in Article 3 of the Treaty on European Union (TEU).
Although all provisions of the Charter on Fundamental Rights of the EU (the Charter) equally apply to children, Article 24 on the rights of the child (based on the specific provisions of the UN Convention on the Rights of the Child) ensures visibility and respect for the rights of the child within EU law.
Against that protective backdrop, it is to be deplored that children are not all, always, first and foremost recognised as such. This is particularly the case for Roma children and children in situations of migration, including undocumented and stateless children, whose protection rights and needs may be ignored.
Within the context of migration, being misidentified as an adult rather than a child when seeking international protection can have considerable implications on the level of rights and protections owed to them by a receiving State. This ranges from being unable to access welfare services and support, to being detained as an adult, to not receiving public funding for legal representation during the asylum process. [...] »
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