Terre des Hommes warns of child rights violations

On the occasion of the vote in the German Bundestag on the CEAS adaptation laws:

Tomorrow, the German Bundestag will decide on the national adaptation laws for the reform of the Common European Asylum System (CEAS). The children's rights organization Terre des Hommes Germany urgently warns that the draft laws endanger the fundamental rights of refugee children. Today's decision has far-reaching consequences for children seeking protection in Germany who are fleeing wars, crises, and violence.

Terre des Hommes criticizes the German government for its overall commitment to a harsh implementation of the reform, which in some cases even exceeds European standards. Among other things, the reform envisages a significant expansion of measures restricting and depriving people of their freedom, in some instances also affecting children and families. For example, the federal states will be able to establish so-called "reception centers for conducting secondary migration procedures." In these special centers, as well as in other reception facilities, prohibitions on leaving the premises can be imposed – even at night for children and families, who can be housed in such facilities for up to six months. "Large special accommodations mean isolation, exclusion, and stigmatization of refugee children," explains Joshua Hofert, spokesperson for the board of Terre des Hommes . "We are already seeing this today in so-called AnkER centers. Such conditions are highly problematic for the mental health and development of children. They make regular school attendance difficult, prevent social participation, and delay integration."

The European asylum reform must not lead to further disenfranchisement of refugee children. "Instead of isolation, we need a solidarity-based reception system that treats asylum seekers with dignity and effectively protects children and their families," emphasizes Hofert. "It is particularly important that unaccompanied minors who enter the country without parental accompaniment and the protection of their families receive special protection, even under the new CEAS regulations. The initial responsibility of youth welfare offices and legal and independent representation must be consistently implemented. The age assessment of unaccompanied minors must continue to be carried out by youth welfare offices. In cases of doubt, the child should be presumed to be a minor," Hofert concludes. 

Terre des Hommes welcomes some improvements in the draft law, such as expanded access to healthcare for refugee children and the introduction of an independent monitoring mechanism. However, overall, the draft law does not meet the requirement of prioritizing the best interests of the child.

background

• The legislative process represents the most significant reform of German asylum law since 1993. It serves to implement the EU-wide reform of the Common European Asylum System (CEAS), the regulations of which are to be applicable in all member states from June 2026.
• Terre des Hommes has repeatedly taken a position during the process of amending European asylum law and expressed serious concerns regarding children's rights, including in this position paper (2025) and in this factsheet (2025) .

• Terre des Hommes also points out in various publications the living situation of refugee children in accommodation structures that are not suitable for children.

• Terre des Hommes has compiled an FAQ answers the most important questions about the CEAS reform