A/HRC/33/53
authorities.66 Children in initial reception centres are quickly assigned to residential groups
and different measures — such as courses, including language courses, and school
assignments — are taken to foster integration.67
102. In Azerbaijan, some shelters provide food three times a day, special medical
assistance, housing and local language classes. Moreover, the United Nations High
Commissioner for Human Rights has the right to enter any of the housing centres without
prior notification and make recommendations that have to be implemented within a defined
period. Not every unaccompanied migrant child receives respectful and proper treatment in
Azerbaijan, however. As reported by the local ombudsman, children living on the streets
have been picked by NGOs and placed in shelters, where they received no effective
rehabilitation or professional legal aid.68
103. In some cases, as in Denmark, the institution that provides housing and shelter for
unaccompanied migrant children is the same that takes cares of non-foreign children in
need. That is also the case of Spain, where migrant children are often in centres with
Spanish children in need of protection.
104. In Lithuania, government institutions coordinate most efficiently when returning
migrant children, which they do without prioritizing what the child wants and without
taking properly into consideration the situation that the child is going to find in his or her
country of origin. If an unaccompanied migrant child is not returned to his or her country,
he or she is provided with a temporary residence permit that is valid for no longer than
one year.69
105. In Belgium, the Flemish parliament has approved the implementation of a decree on
“integrated youth care” that makes no distinction between asylum seekers and non-asylum
seekers, giving rights and legal status as someone in need of protection to every migrant
child irrespective of his or her origin and personal history. In 2009, the Government of
Belgium established a task force on unaccompanied migrant children that examined
possible actions to reduce the risks run by this group of migrants, particularly the risk of
being a victim of smuggling and human trafficking. The task force addressed several
recommendations to the minister in charge and emphasized prevention, detection,
identification and monitoring of unaccompanied children in situations of potential abuse.
106. The German Federal Child Protection Act applies to everyone under 18 years of age,
including unaccompanied migrant children and adolescents. The local youth welfare
authorities are responsible for taking concrete action to ensure the well-being of children
but these comprehensive protection measures cease to be applicable as soon as the person
turns 18.70
107. Pursuant to article 37 of the Convention on the Rights of the Child, the detention of
unaccompanied migrant children is a serious human rights violation, although an exception
is made in some countries, including Belgium: if a young person arrives at a border and
there is a doubt about his or her age, he or she can be held in detention for three working
days and, under exceptional circumstances, for another three working days. Once the
person’s minority has been proved, he or she has to be transferred to an observation and
orientation centre within 24 hours.
66
67
68
69
70
20
ECPAT International, Germany.
Information provided by the Congregation of Our Lady of Charity of the Good Shepherd, Germany.
Information provided by the national ombudsman of Azerbaijan.
Information provided by the national ombudsman of Lithuania.
ECPAT International, Germany.
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