Comments on “Proposal for a Council Directive laying down minimum standards for the reception of applicants for asylum in Member States”

Further information available from:-

Diana Sutton – European officer

Save the Children – European officer

39 Rue Montoyer

B 1000

Brussels

Belgium

Tel : + 32 2 512 7851

Fax + 32 2 513 4903

E mail savechildbru@skynet.be

Save the Children welcomes the opportunity to comment on the draft Directive on minimum standards on the reception of applicants for asylum. Our comments are specifically on the articles that directly affect children, (both accompanied or unaccompanied.)

Specific measures are needed to protect refugee and asylum seeking children and to realise their rights because there are a large proportion of children in refugee populations and many children become separated from their parents or normal caregivers. Save the Children’s particular concern is for separated children (unaccompanied refugee children.)

Article 2 (Definitions)

(d) "Family members" should exclude the criteria dependent and should include the wording “children under 18”.

Justification:

The UN Convention on the Rights of the Child ratified by all EU member states defines a child as under 18. This should also be reflected in the text of the Directive. Children under 18 should not be excluded from joining their parents if they are not dependent.

Article 7 (Freedom of movement)

This should have a provision that detention of a child should be avoided except in the most exceptional cases and that unaccompanied children should never be detained.

Article 12 (Schooling and education of minors)

This article should include pre-school education. We recommend that part two is amended as follows

“Access to the education system shall take place as soon as possible and shall not be postponed for more than 30 working days after the application has been lodged by the minor or the minor’s parents.”

Justification

According to Article 2 (non-discrimination) in the CRC children should have
access to the education system in general, not limited to the state education
system. It is important that a child has access to the education system at
the earliest opportunity. The 65 days time limit does not fulfil this objective.

Article 16 – Housing

Save the Children particularly welcomes part 3, of article 16 which specifies that children should be lodged with their parents or customary caregiver. We believe that an additional phrase is necessary to deal with the situation of unaccompanied children and recommend the following addition to part 3:-

“Where a child is unaccompanied, temporary accommodation must be provided immediately after a child’s arrival and in a manner sensitive to the child’s needs.”

part 7 should include a reference to children’s guardians. We recommend “Member states shall ensure that legal advisers, children’s guardians or,,”

Article 21 – Health

Part 2 of this article which makes reference to the special needs of children is also welcome.

Article 22 – Reduction or withdrawal of reception conditions

Amendment

Delete Part 3 of this article

Justification

Part 3 of this article stipulates that a reduction may be made in the asylum seekers benefits when an applicant prevents minors from attending school.

Save the Children recommends deleting part 3 of this article since it is exceptionally severe. According to the law in some member states it is not compulsary to go to school if you are applying for asylum but you have the right to attend school. Secondly, there could be a reason why an applicant’s children is not attending school.

Article 23 – General Principle

Amend Part 2 “Paragraph 1 shall apply only to persons found to have special needs after an individual evaluation of their situation which shall take place as soon as possible.”

Justification

This article specifies that the special interests of certain groups including children shall be taken into account by member states and specifies that an evaluation must take place. We recommend that this takes place as soon as possible in order to ensure that this article is effective.

Article 24 Minors/Children

This article is welcome, particularly part 2. Save the Children recommends adding references to two key principles in the Convention on the Rights of the Child.

“The best interests of the child shall be a primary consideration when implementing the provisions of this Directive that involve minors. The child shall be treated without discrimination of any kind and shall have the right to be
heard and participate in the decisions that are taken.”

Article 25 (Unaccompanied minors)

Save the Children recommends that the following additions are made to the article on unaccompanied children. This article:-

- should have a special provision that an unaccompanied minor never should be detained.

- Should state that a child should never be detained solely for reasons of their immigration status or asylum application

- Should note that any temporary accommodation provided immediately after arrival should be provided in a manner sensitive to a child's needs

- Should refer to the needs for care reflecting cultural needs

- Should refer to the need for individual assessment of each child, and for long term planning

- Should refer to the need for staff training in reception centres so that they are aware of the potential for separated children to he harassed by traffickers

- Should refer to the child's right to participate

Article 31 (Staff and resources)

We recommend that a specific reference to children is made this article.

“…..basic training with respect to the needs of both mail and female applicants and their accompanying family members and children.”