A/HRC/36/51
instance, Germany is a desirable destination for migrant children because of the support
they receive and the special treatment granted by the youth welfare authorities. 78
92.
In Azerbaijan, some shelters provide food three times a day, special medical
assistance, housing space and classes in the local language. Additionally, representatives of
the office of the Commissioner for Human Rights have the right to enter any of the housing
centres without prior notice and to make recommendations that have to be implemented
within a defined period. However, not every unaccompanied migrant child receives
respectful and proper treatment in Azerbaijan.
93.
In some countries, such as Denmark, the institution that provides housing and shelter
for unaccompanied migrant children is the same one that takes care of child nationals in
need. This is also the case in Spain, where migrant children are often housed in centres with
Spanish children in need of protection.
94.
In Lithuania, the coordination between government institutions is mainly efficient in
returning migrant children, without prioritizing the will of the child and without proper
consideration of the situation the migrant child may find in his or her country of origin. If
an unaccompanied migrant child is not returned to his or her own country, he or she is
provided with a temporary residence permit valid for no longer than one year. 79
95.
In Belgium, the Flemish parliament approved the implementation of a decree on
integrated youth care that abandons the distinction between children who are asylum
seekers and those who are not, giving rights and protected legal status to every migrant
child, irrespective of his or her origin and personal history.
96.
The German Federal Youth Protection Act applies to everyone under 18 years. It
thus covers unaccompanied migrant children. The local youth welfare authorities are
responsible for taking specific action to ensure the well-being of the child. However, as
soon as the person reaches 18 years of age, the comprehensive protection measures are no
longer applicable.80
97.
As stated in article 37 of the Convention on the Rights of the Child, the detention of
unaccompanied migrant children is a serious human rights violation, although there is one
exception in some countries such as Belgium: if a child arrives at the border, and there is a
doubt about his or her age, he or she can be held in detention for three working days
(extendable for another three working days in exceptional cases). Once the child’s minority
has been proved, he or she has to be transferred to an observation and orientation centre
within 24 hours.
98.
Female migrant children are seldom accorded special treatment. However, specific
measures, such as female interviewers in migration services who interview female victims,
have been recorded in Azerbaijan.
99.
In an initiative to restore the national culture and identity of Azerbaijani migrants,
the Ombudsman of Azerbaijan met representatives of the Azerbaijani diaspora in Norway
and Prague and donated secondary school textbooks and publications about the history and
literature of Azerbaijan.81
100. Several European Union member States have implemented prevention and
development projects in third countries, intended to address the situation of unaccompanied
minors who seek to travel to the European Union. A Spanish project seeks to prevent
irregular migration from Senegal; Slovenia has set up a bilateral project with Afghanistan;
Belgium has sent several awareness-raising missions to countries of origin of major groups
of migrants. The Netherlands has set up a bilateral project in Afghanistan.
101. Mexico has specific institutional capacity for the protection of migrant children. The
National System for Integral Family Development, through the programme for the
78
79
80
81
16
End Child Prostitution in Asian Tourism Germany.
Source: Ombudsman of Lithuania.
Source: End Child Prostitution in Asian Tourism Germany.
Source: Ombudsman of Azerbaijan.
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