Osnabrück, October 12, 2022 – Together with refugee councils, non-governmental organizations, and churches, the international children's rights organization terre des hommes is calling on the German government to introduce mandatory legal representation in deportation detention proceedings. This is the only way to ensure that those affected have the right to adequately defend themselves. This is also of great importance for children and young people. It is not uncommon for families to be affected, with children being separated from their parents or one parent through deportation detention. Many such deportation detention applications turn out to be unlawful. Furthermore, the affected individuals' right to family is often not examined at all or not sufficiently, and the child's welfare is not given priority, as is actually required. There are also repeated instances of minors being detained based on incorrect age assessments, made carelessly by authorities not responsible for child and youth welfare.
“Deportation detention centers are not lawless spaces. A right to mandatory legal representation in deportation detention proceedings, as has long been the case in criminal detention, would help to prevent such violations of the law,” explains Sophia Eckert, asylum and migration expert at terre des hommes .
Furthermore, the detention of minors pending deportation should finally be prohibited by law. This was also recommended by the UN Committee on the Rights of the Child in its assessment of the state of children's rights in Germany, presented in September. "The Committee on the Rights of the Child made it clear that there must be an absolute ban in Germany on the detention of minors based on their residency status or that of their parents, and that family separations in the context of returns must be prevented. We expect the Federal Government to adhere to these guidelines when implementing the coalition agreement," said Sophia Eckert.
The UN Committee on the Rights of the Child is also strengthening children's rights in other areas. The Committee has once again called on the German government to safeguard the interests and needs of children in all proceedings affecting them. This includes, for example, the rights of refugee children, the anchoring of the right to a healthy environment for all children in German legislation, and the cessation of the recruitment of minor volunteers into the German armed forces.