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Key Words Archives: Child-friendly

KEBE and others, Application no. 12552/12, Judgment of 12 January 2017 & Nur Ahmed and others, Application no. 42779/12, Judgment of 18 June 2020 & Nur and others, Application no. 77647/11, Judgment of 16 July 2020 & M.S., Application no. 17189/11, Judgment of 11 June 2020 v. Ukraine

This group of cases concerns various deficiencies in the procedures related to different aspects of the treatment of asylum-seekers in Ukraine at different times in 2011-2020, among others various problems in detention of persons present in Ukraine in an irregular manner, in violation of Article 5 § 1 (f). The Court has noted that the procedure as regards unaccompanied migrant children and the information that there were no recent cases of detention of such children at the centres for temporary accommodation of foreigners and stateless persons who are present in Ukraine illegally, encouraged the authorities to take the steps necessary to consolidate this trend and to ensure adequate treatment of such children.

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P.N., K.K. and O.M. on behalf of S.N., Mh.K., Mu.K., S.M., K.M and J.M. v. Finland, communication No. 100/2019, 12 September 2022

In this case, the applicants on behalf of their grandchildren (all Finland nations) who were held in a camp and had no access to legal aid or to legal information that would enable them to submit a communication. The child victims were born in the Syrian Arab Republic and were being held in the Hawl camp in the north-east of the country, which was under the control of the Syrian Democratic Forces, where the applicants claimed that they were at risk of irreparable harm in the knowledge of the Finnish Government. The applicants claimed that the State party has not taken the measures necessary to repatriate the child victims to Finland and that this failure to act constitutes a violation of articles 2, 6, 19, 20, 24, 27, 28, 37, 39 and 40 of the Convention, as well as of article 7 of the Optional Protocol to the Convention on the involvement of children in armed conflict. The Committee found a violation of Articles 6 (1) and 37 (a) of the Convention and recommended that the State party a) takes urgent positive measures to repatriate the child victims, acting in good faith, b) supports the reintegration and resettlement of each child who has been repatriated or resettled, and c) takes additional measures, in the meantime, to mitigate the risks to the lives, survival and development of the child victims while they remain in the north-eastern Syrian Arab Republic.

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Report of the Special Rapporteur on the Human Rights of Migrants: ending immigration detention of children and providing adequate care and reception for them

This report of the Special Rapporteur on the Human Rights of Migrants, Felipe González Morales, was submitted in accordance with General Assembly resolution 74/148 and Human Rights Council resolution 43/6. It advocates for a human rights-based approach to end child migration detention. In particular, it urges States to integrate unaccompanied migrant children into national child protection and welfare systems without any discrimination, irrespective of the child’s migration status.

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EASO, Practical Guide on Age Assessment (2nd edition)

The EASO Practical Guide on Age Assessment acknowledges, inter alia, that the benefit of the doubt in age determination procedures is a key principle and safeguard since none of the currently available methods of age assessment can determine a specific age with certainty. So, if after the age assessment remains the doubt that the individual could be a child, they should be treated as such.

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