Germany: Acceptance of unaccompanied minors
The project strengthens the arrival, support, and integration systems for refugee children and young people who enter Germany without a parent or guardian. The project aims to provide needs-based advice, training, and networking for stakeholders working with unaccompanied minors, enabling them to contribute to the protection, well-being, and equal participation of these children and young people.
The direct target group includes colleagues from advice centers, professionals from authorities, the judiciary and public as well as independent youth welfare organizations, as well as volunteers, such as guardians, who are involved with unaccompanied minors.
Project activities include research into evolving legal areas, a needs assessment, and ongoing advisory services. The transfer of knowledge, networking, and training of both volunteer and professional staff, tailored to the specific needs of unaccompanied children, adolescents, and young adults, are also key focuses. Finally, expert dialogues are held to foster cross-sectoral and networked cooperation among the systems working with unaccompanied minors.
Terre des Hommes ' project partner is the Federal Association for Unaccompanied Minor Refugees (BumF). The project builds upon and consolidates the experiences and successful approaches of its predecessor project ("From Welcome to Arrival").
Guidelines for dealing with unaccompanied minors
Protection, care and representation of unaccompanied refugee children
The reform of the Common European Asylum System (CEAS) brings about profound changes to reception, screening, and asylum procedures. Unaccompanied minor refugees are explicitly considered to be in particular need of protection in all relevant CEAS legal acts. At the same time, there is a significant risk that their specific protection needs will not be adequately recognized and addressed in the accelerated procedures, at the interfaces between security, asylum, and youth welfare systems, and in cases of unclear responsibilities.
The national implementation of the Common European Asylum System (CEAS) reform, as well as its specific design at the state and local levels, will be crucial in determining whether the best interests of the child are effectively upheld. The reform also offers, in part, the opportunity to correct existing structural deficiencies and to sustainably strengthen child protection for unaccompanied minor refugees. Against this backdrop, the project will develop a policy paper/guideline and the following guidelines.
Guidelines for dealing with unaccompanied minors
1. The primacy of child and youth welfare (KJH) applies.
The primary responsibility for the accommodation, care, and supervision of unaccompanied children and young people lies with the child and youth welfare agencies (usually the youth welfare offices). They are obligated to protect children and to take them into (provisional) protective custody as soon as they become aware of the minor's physical whereabouts. Legal (non-)entry constructs, such as the so-called "fiction of non-entry," do not alter this. Even in cases of suspected unaccompanied minors, they must be immediately handed over to the responsible child and youth welfare agencies upon entry and accommodated by them.
2. No screening without (provisional) taking into care.
Minors are considered particularly vulnerable under the Common European Asylum System (CEAS) regulations, including during the screening process. This screening comprises various checks, which are to be consolidated and expedited, and which largely already existed in Germany before the CEAS reform. The existing system of (provisional) protective custody remains unaffected and applies prior to the screening. The screening should not be conducted at the police station, but at other locations suitable for minors.
3. Independent representation from day 1
The CEAS reform mandates legal representation for unaccompanied minors from the moment their entry is confirmed, i.e., from day 1. The representative must be qualified, trained, and not receive instructions from either the review authorities or the immigration authorities. They must be able to act independently and responsibly, in accordance with the child's best interests. There is a limit of 30 young people per representative.
4. Age assessment falls under the responsibility of child and youth welfare services.
The principle of the child's welfare takes precedence over the age assessment of unaccompanied minors. Primary responsibility for age assessment lies with the youth welfare offices, and the principle of "when in doubt, assume minority" applies.
5. Inter-agency cooperation agreements and specific procedural agreements in federal states and municipalities.
Through concrete and binding agreements between all stakeholders at the state and local levels, children's rights, child welfare, and child protection must be guaranteed in all procedures and processes. A joint action plan or cooperation agreement between interior and youth welfare departments at the state and local levels can ensure that interagency procedures are standardized, protection concepts are established, and misunderstandings or conflicts of jurisdiction are avoided.
6. Ensure the protection of accompanied unaccompanied minors
The temporary placement of minors in protective custody when accompanied by a third party other than their parents serves to assess whether the child's welfare is at risk, to rule out human trafficking, and to verify the qualifications and authorization of the suspected accompanying person. Legal representation for the asylum procedure and/or supplementary guardianship may be recommended.
Project evaluation
The evaluation shows that young, unaccompanied refugees arrive in Germany within a child and youth welfare system fraught with numerous challenges. Political and social discourse, stricter legislation, structural deficiencies, cost pressures, and a shortage of skilled workers negatively impact their situation and participation.
Because flight and migration are increasingly portrayed as a problem in many discourses, this can lead to mistrust of those seeking protection. This intensifies exclusion and discrimination. Practitioners observe a decreasing willingness to acknowledge the needs of children and young people, as well as a decreasing standard of care.
Particularly complex asylum and immigration law issues and changes pose significant challenges for practitioners. The need for training, especially in legal, gender-sensitive, and anti-racist skills, is high. The professionals involved benefit greatly from the training, consultations, and networking opportunities offered within the project.
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