Protection and care of unaccompanied refugee children/adolescents

The reform of the Common European Asylum System (CEAS) brings profound changes to the reception, screening, and asylum procedures for children and families seeking protection in Germany. Children and young people who enter the country without their parents and families or without legal guardians are unaccompanied and particularly vulnerable.

While unaccompanied minor refugees are explicitly recognized as being in particular need of protection in all relevant Common European Asylum System (CEAS) legal acts, there is a risk that their specific protection needs will not be adequately addressed in the accelerated procedures. Furthermore, unclear responsibilities can arise at the interfaces between security and asylum systems and child and youth welfare law (SGB VIII), with negative consequences for these young people. The concrete implementation of the CEAS reform on the ground, with coordinated, interagency cooperation, is therefore crucial in determining whether children's rights and the principle of the best interests of the child are effectively upheld.

Terre des Hommes together with the Federal Association for Minority and Flight eV, has developed a guide for the responsible authorities in the federal states and municipalities to ensure the protection, care and representation of unaccompanied refugee children and young people in the implementation of the CEAS reform.

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PDF guide »The German Social Code Book VIII and the GEAS reform: Protection, care and representation of unaccompanied refugee children and young people«

Key recommendations for dealing with unaccompanied minors

The primary responsibility for the accommodation, care, and supervision of unaccompanied children and young people lies with the relevant child and youth welfare agencies (usually 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 minors' physical whereabouts. Legal constructs regarding (non-)entry, 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 child and youth welfare agencies upon entry and accommodated by these agencies.

Minors are considered particularly vulnerable under the GEAS regulations, including during the screening process. This screening comprises various checks, which are to be consolidated and expedited and largely existed in Germany even before the reform. The existing system of (provisional) protective custody remains unaffected and takes effect before the screening. The screening should not take place at the police station, but at other locations suitable for minors.

The CEAS reform mandates legal representation for unaccompanied minors from the moment their entry is confirmed, i.e., from day one. The representative must be qualified, trained, and not subject to instructions from either the screening authorities or the screening agencies. 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.

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.

Through concrete and binding agreements between all parties involved at the state and local levels, children's rights, the well-being of children, and child protection must be guaranteed in all procedures and processes. A joint action plan or a cooperation agreement between interior and youth welfare departments at the state level, as well as across authorities at the local level, can ensure that procedures are standardized and misunderstandings or conflicts of jurisdiction are avoided.

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 prospective accompanying person. Legal representation for the asylum procedure and/or supplementary guardianship may be recommended.