This decision concerns a request for a preliminary ruling on the interpretation of the second paragraph of article 6 of Council Regulation (EC) No 343/2003 (the Dublin II Regulation). The CJEU found that the child’s best interests must be a primary consideration in all decisions adopted by the Member States on the basis of the referred norm.
Key Words Archives: Access to the asylum procedure
Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 on standards for the reception of applicants for international protection (recast)
On 21/10/2021 in
The recast “Reception Conditions Directive” is a recast of a previous Directive (Council Directive 2003/9/EC of 27 January 2003), with implementation deadline of 21 July 2015. The Directive covers also detention of asylum seekers (artt. 8-10) and of vulnerable persons and minors (art. 11).
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32013L0033&qid=1634037710766
Joint general comment No. 3 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW) and No. 22 (2017) of the Committee on the Rights of the Child (CRC) on the general principles regarding the human rights of children in the context of international migration
On 21/10/2021 in
The Joint General Comment of the CMW and CRC addresses the human rights of all children, independently of their or their parents’ status, in the context of international migration. Fundamental principles like non-discrimination, the best interests of the child and the right to be heard need to be integrated by States Parties into migration-related frameworks, policies and practices.
UN Committee on the Rights of the Child (CRC), General comment No. 6 (2005): Treatment of Unaccompanied and Separated Children Outside their Country of Origin
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The objective of this general comment is to draw attention to the particularly vulnerable situation of unaccompanied and separated children; to outline the multifaceted challenges in ensuring that such children are able to access and enjoy their rights; and, to provide guidance on the protection, care and proper treatment of unaccompanied and separated children based on the entire legal framework provided by the Convention on the Rights of the Child.
Council of Europe Parliamentary Assembly Resolution 1810 (2011): Unaccompanied children in Europe: issues of arrival, stay and return
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The Council of Europe Parliamentary Assembly establishes that child protection rather than immigration control should be the driving concern in how countries deal with unaccompanied children. Unaccompanied children should never be detained. The detention of children on the basis of their or their parents’ immigration status is contrary to the best interests of the child and constitutes a child rights violation as defined in the United Nations Convention on the Rights of the Child.
Council of Europe Parliamentary Assembly Resolution 1707 (2010): Detention of asylum seekers and irregular migrants in Europe
On 21/10/2021 in
The Council of Europe Parliamentary Assembly invites to closely monitor the situation of the detention of asylum seekers and irregular migrants and establishes guiding principles in relation to legally permissible detention and minimum standards for conditions of detention. Furthermore, it encourages member states to examine and use to a much greater extent alternatives to detention.