PRESENTATION OF THE PROJECT ‘IN WHOSE BEST INTEREST? EXPLORING UNACCOMPANIED MINORS’ RIGHTS THROUGH THE LENS OF MIGRATION

AND ASYLUM PROCESSES’ AND COMPARATIVE RESULTS

Mateja SEDMAKUNIVERSITY OF PRIMORSKA , Science and Research Centre

)

Conference is organised in the scope of the “In whose best interest? Exploring Unaccompanied Minors’ Rights Through the Lens of Migration and Asylum Procedures (MinAs)” research project, co-funded by the PPUAM 2013 of the European Union.

International conference

CHILDREN AND YOUNG PEOPLE ON THE MOVE: TOWARDS A MORE PRECISE DEFINITION OF THEIR BEST INTERESTS

19-20 November 2015

Portorož, Slovenia

PROJECT Project: „In Whose Best Interest? Exploring

Unaccompanied Minors’ Rights Through the Lens of Migration and Asylum Processes (MinAs)“

2014-2015 (Financed: EU, PPUAM) Consortium: *University of Primorska, Science and Research Centre (project leader), Slovenia*University of Vienna, Austria*University of Brighton, United Kingdom*The National Center For Scientific Research, France*Slovenian Philanthropy*Social Protection Institute of the Republic of Slovenia (evaluator)

In whose best interest? Exploring Unaccompanied Minors’ Rights Through the Lens of Migration and Asylum Procedures

GENERAL OBJECTIVES to deal with the conceptual aspect of the best

interest of the child including analysis of legal, non-governmental, political, social aspects and unaccompanied minors’ views

to identify practical dimensions of best interest of the child (BIC) and best interest determination procedures (BID) regarding reception, asylum procedures, protection measures and return of unaccompanied minor migrants

to deliver the project results to policy makers, professionals working with UAM and general public In whose best interest? Exploring Unaccompanied Minors’ Rights Through the Lens of Migration and Asylum Procedures

OUTPUTS National and Comparative State of the Art National and Comparative analysis of the field

work research Web page Final conference Book, University Press Annales Book, Routledge Scientific, professional and journal articles Presentations on international and national

conferences Articles in newspapers and magazines

In whose best interest? Exploring Unaccompanied Minors’ Rights Through the Lens of Migration and Asylum Procedures

RESEARCH PROCESS1. National/Comparative State of the art

(terminology, definition, analysis of legislation and rights, entitlements of asylum seekers, best practices)

2. Field research:- interviews with experts (governmental and

NGOs etc.)- Interviews with UAMs and former UAMs (interviews: recorded and transcribed; information sheet and consent form, anonymity)

In whose best interest? Exploring Unaccompanied Minors’ Rights Through the Lens of Migration and Asylum Procedures

FINDINGSSome common crucial findings: In all four states there is no formal process for

determination of best interest of the child. 1) the concept of the best interest determination

is very vague and therefore left to different interpretations of various expert

2) its implementation depends upon individual actors involved in the procedure of caring for UAMs and meeting their needs (social workers, legal representatives, guardians, employees in different facilities, police officers, etc.).

In whose best interest? Exploring Unaccompanied Minors’ Rights Through the Lens of Migration and Asylum Procedures

The main obstacles for the implementation of the best interest determination in practice are following:

1) long asylum procedures, 2) unequal distribution of resources, 3) unequal treatment of UAMs, 4) insufficient accommodation capacities 5) dispersion of powers among all involved actors…

The best interest determination principle, as it is currently practiced, is rather „informal and flexible“.

In order for this procedure to become successful in practice, the best interest determination principle needs to be incorporated into the relevant legal acts as a part of the asylum procedure AND it needs to be defined in a better and unambiguous way.

In whose best interest? Exploring Unaccompanied Minors’ Rights Through the Lens of Migration and Asylum Procedures

WHAT NEEDS TO BE DONE? Introduction of responsive support system for UAMs

which does not depends on self initiative engagement of individuals (experts and support staff).

Treatment of UAMs as individuals in vulnerable position.

Equal treatment of UAMs and minors citizens. Improvement of information exchange between

individuals and institutions involved during all phases of the process before the submission of application for international protection.

Appropriate procedure duration. Development of suitable accommodation facilities

which would meet all the basic needs of the UAMs.

In whose best interest? Exploring Unaccompanied Minors’ Rights Through the Lens of Migration and Asylum Procedures

Permanent education process of professionals involved in all procedures regarding UAMs.

Development of efficient support integration process of UAMs into host societies.

Support for best practices.   ALSO COUNTRY SPECIFICS! Discrepancy: existent legislation/guidelines/instructions AND implementation in practice

In whose best interest? Exploring Unaccompanied Minors’ Rights Through the Lens of Migration and Asylum Procedures

„I think that if everyone gave a little thought, “what if that was my child”, they would probably take a different approach.“

(Representative of the Ministry for interior, Slovenia)

In whose best interest? Exploring Unaccompanied Minors’ Rights Through the Lens of Migration and Asylum Procedures