Osnabrück/Berlin, September 3, 2025 - The Federal Cabinet plans to adopt the draft legislation for the implementation of the European Asylum Reform Act (CEAS) in Germany today. Terre des Hommes warns that, under certain circumstances, children could also be detained or placed in detention-like facilities in the future. Terre des Hommes sees this as a clear violation of children's rights and, together with migration law experts, is urgently calling for improvements in the upcoming parliamentary process.
"Children don't belong in detention or reception centers without adequate space," says Joshua Hofert, board spokesperson for Terre des Hommes . Children need a safe place, access to school, participation, and fair trials – not isolation and disenfranchisement. We call on all members of the Bundestag: advocate for the protection of children in parliamentary proceedings. Prevent children's rights from being violated."
A legal opinion commissioned by Terre des Hommes and other organizations by migration law experts Prof. Dr. Constantin Hruschka and Robert Nestler comes to a clear conclusion: Without binding child protection regulations, the implementation of the reform threatens to result in serious violations of children's rights in Germany.
"Children's rights protection guarantees should be anchored as concretely as possible in German law to ensure their effectiveness," says Prof. Dr. Hruschka. "But instead, current drafts provide for stricter regulations – such as the possibility of detention and detention-like placement, even for children. These stricter regulations are not only disproportionate but also violate children's rights. The legislature's objective must be to avoid restrictions on children's freedom and to protect them as best as possible."
Other parts of the proposed legislation also urgently need improvements. For example, it must be ensured that the special protection needs of children and young people are systematically and child-friendly assessed, unaccompanied minors are given special protection, and access to education and healthcare for all children is guaranteed through binding standards.
background
- The current legislative process represents the largest reform of German asylum law since 1993. It serves to implement the EU-wide reform of the Common European Asylum System (CEAS), the provisions of which are to be applicable in all member states from June 2026. Terre des Hommes has repeatedly commented on the planned changes to European asylum law and raised serious concerns regarding children's rights.
- The report “Children’s Rights Aspects of the Reform of the Common European Asylum System” by Constantin Hruschka and Robert Nestler was jointly commissioned by the following organizations: Federal Association of Minors and Refugees (BuMF) eV, The Paritätische Gesamtverband, German Children’s Fund eV, German Committee for UNICEF eV, Kindernothilfe eV, Save the Children Germany, SOS Children’s Villages eV, Terre des Hommes Germany, World Vision Germany.
- Terre des Hommes has highlighted the living conditions of refugee children in non-child-friendly accommodation structures in various publications: www.tdh.de/informieren/themen/kein-ort-fuer-kinder