Opinion Factsheet 

The protection of children in migration

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Opinion Number: CDR 2782/2017
Rapporteur: RENSTRÖM Yoomi
Commission: CIVEX
Status: Adopted
Date: 10/10/2017
 
to remind that the obligations set out in the UM Convention on the Rights of the Child should be respected
emphasise that the rights of the child should be not neglected in the current proposals to reform the CommonEuropean Asylum System
highlight the challenges and solutions on the local and regional level
See pages 69-74 of the follow-up report drafted by the European Commission: https://cor.europa.eu/en/our-work/Documents/Opinions/78th-Report_CoR-Follow-up-opinions-November-December-2017.pdf
THE EUROPEAN COMMITTEE OF THE REGIONS

- welcomes the Commission's acknowledgement of some deficiencies in the EU and its Member States with respect to protection of children in different types of migration situation and the fact that the Commission has identified ways of improving implementation so as to enable timely, coordinated and more targeted action in this area;

- notes that children's fundamental rights are clearly set out in Article 24 of the EU Charter of Fundamental Rights and must therefore be incorporated into all relevant European and national policies;

- opposes any form of detention of children based on their migrant status and stresses that this option should only be used as a last resort and in exceptional cases, e.g. when a child's life or health is at risk, and should be for as short a time as possible and never under prison-like conditions. Detention must be supervised at all stages by the competent authority and/or the relevant public services for children;

- points out that both the EU and its Member States have a duty to ensure the right conditions for local and regional authorities to receive migrants;

- believes that the principle of children's best interests must guide decisions and measures; points to the lack of criteria for identifying and assessing the child's best interests, and therefore welcomes the prospect of the Commission and EU agencies providing guidance, training and tools for this task;

- believes it is important for guardians to receive appropriate training from a competent institution or public authority or be able to demonstrate that they have obtained this. They should have responsibility for a limited number of children. Guardians must be employed and paid by, and be able to work autonomously of, the Member States;

- emphasises that a good reception and integration process is therefore a long-term investment in welfare, democracy and human rights.
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