The majority of third country children discovered at border crossings with forged or falsified documents or attempting to illegally cross the border, seek for asylum or other protection in Romania. It should include activities aimed at early identification of victims of human trafficking with an aim to ensure the protection and re-integration of children. A survey on children suspected of being victims of human trafficking was pursued. In the survey, suspected cases of children being victims of human trafficking were identified during the period The majority of the children were years old and it was almost as many boys as girls.
According to data provided by the Swedish authorities, the number of internal reports of suspected cases of human trafficking has increased during Out of internal reports, 66 related to children. The most likely explanation is an increased competence among employees concerning the identification of suspected victims of human trafficking.
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As indicated in the EMN Study, unaccompanied children not seeking asylum are subject to the entry conditions applicable to third country nationals wishing to enter the EU, which include a valid visa and travel document. Asylum-seeking unaccompanied children will always be allowed entry into the EU territory, regardless of whether they meet the entry requirements — in line with international humanitarian law.
For non-asylum seeking unaccompanied children, the EMN Study distinguishes between Member States that can refuse entry to all third country nationals who do not fulfil the entry conditions, including unac companied children, and those that apply a special policy to unaccompanied children based on humanitarian grounds and always grant those who are not asylum seekers access to the territory, regardless of whether they fulfil the entry conditions.
See also further below for detai ls on return actions. Since February , the Visa Information System VIS is operational worldwide, therefore fingerprints are, as a general rule, collected from visa applicants from the age of 12 years, helping to prevent identity fraud and protecting children from falling victims of trafficking.
The EU Commission is addressing as a priority the protection of children against recruitment and use by armed forces, groups and gangs. Inter alia, 6 projects are under implementation in Colombia, the Democratic Republic of Congo, the Palestinian Territories, Sudan, Lebanon and Jordan for the release and sustainable socioeconomic and psychosocial reintegration of children taken out of armed forces, and for the prevention against recruitment.
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Considerable steps have been taken towards strengthening both the EU legislative framework and the operational support provided to those Member States mostly affected by the migration and refugee crisis such as via the hotspots in Greece and Italy. These efforts need now to be stepped up, with the current legislative reform proposals embedding child protection standards in all relevant procedures being adopted by co-legislators and with full implementation being guaranteed by the Member States. In parallel, operational support by the Commission and the relevant EU agencies to certain Member States needs to be continued, so as to ensure that child protection standards are upheld in all situations.
The reform of the CEAS 89 adopted in , has significantly increased the protection standards that Member States should grant to unaccompanied children and other vulnerable groups seeking to obtain international protection in the EU. In particular, the principle of the best interests of the child has been explicitly embedded in the CEAS instruments 90 and key provisions on unaccompanied children have been strengthened, guaranteeing inter alia the right to family reunification, enhanced procedural safeguards throughout the asy lum procedure, suitable accommodation, prompt access to health and education, protection against arbitrary detention which is allowed only in exceptional circumstances, and never in prison accommodation.
A compilation of EU acquis on the rights of the child lists and links all legislation and proposals is available on the Commission's website. The Commission has launched several studies assessing completeness and compliance of Member States' legislations with the asylum acquis standards, and it continuously monitors Member States' practices and legal obligations. The EMN Study has also sh own that, while the CEAS asylum acquis and international law provide numerous guarantees for unaccompanied children applying for international protection, unaccompanied children who are not in the asylum procedure do not benefit from the same level of prot ection and guarantees.
The FRA Handbook on Guardianship provides guidance on ways to strengthen guardianship systems, setting forth the core principles, fundamental design and management of such systems. The EU-funded CONNECT project reference document provides a useful overview table of most of the key asylum and migration laws regarding unaccompanied children, with different entry points, reflecting all legislation adopted up to , with child-related provisions.
The EMN Study emphasised the diversity of arrangements in the Member States in terms of the type of representative i. The March Commission on Report on the progress made in the fight against t rafficking in human beings 96 also revealed many challenges and gaps in the area of guardianship, including on aspects such as training, qualifications, the mandate and the role of appointed guardians and the monitoring of their performance. The EMN S tudy also pointed to existent gaps and shortfalls in terms of providing for a prompt and effective guardianship for the unaccompanied children, which is essential for safeguarding their rights.
Significant challenges in the guardianship national systems ha ve been identified also in the FRA comparative research on the topic, 97 such as the shortage of qualified guardians in some Member States, the need to provide the necessary training to the guardians, and the lack of monitoring mechanisms for the performance of guardians. The proposal for a recast Dublin Regulation aims to secure quicker determination of the Member State responsible, making the best interests of the child assessment more operational and prom oting closer cooperation between Member States.
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EASO has put in practice several tools regarding the reception conditions, asylum procedures and integration of unaccompanied children. More precisely, in the reporting period the Agency has developed several training modules for asylum officers on:. In , EASO completed a comprehensive mapping of national mechanisms for the identification of persons with special needs, the special procedural guarantees and respective reception conditions in place for all categories of persons with special needs as per the Reception Conditions Directive, including unaccompanied children. In addition, EASO developed a practical tool for identification of persons with special needs, including unaccompanied children.
The tool provides practical information necessary for timely identification, as well as generic guidance on special procedural guarantees and reception support.
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The guidance is based on the standards of the EU asylum acquis and commonly agreed good practices. In , FRA and EASO signed a bilateral cooperation agreement, which covers the provision of training, quality support, operational cooperation, research, information and analysis, as well as horizontal cooperation.
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It suggests that no fingerprints for Eurodac should be obtained from children if there is doubt conc erning whether or not they have reached 14 years of age. As regards Frontex, the amendments introduced to the Schengen Borders Code and the Schengen Handbook Practical handbook for border guards in made it obligatory to the Member States to nominate national contact points for consultation on children and to use them in case of doubt e.
In this regard, the common core curricula has been amended by Frontex to include further fundamental rights considerations for the daily work of border guards in any circumstance, with specific emphasis on vulnerable groups such as unaccompanied children and the need to promptly refer them to the competent protection authorities. The curriculum sets the basic standards of education for any border guard function within the EU. Frontex included in its working arrangements with third countries clauses covering fundamental rights. In the last working arrangement negotiated, the standard clause dealing with fundamental rights reads as follows: 'In the implementation of the intended cooperation, Frontex and the Third Country involved, in their respective capacities, afford full respect for human rights, as enshrined in international laws and principles.
The recently adopted European Border and Coast Guard Re gulation provides that the Agency, in cooperation with the appropriate training entities of Member States, EASO and FRA, should develop specific training tools, including specific training in the protection of children. In addition, migration management s upport teams shall include staff with expertise in child protection.
The target group for this level of training is the officers operating in the back-offices who are responsible for checking, in further detail, travel documents that have aroused the suspicion of the frontline officers. Two main groups of officers are targeted: Experienced Advanced level officers or Specialist Level Officers as specified in the Framework for harmonised programme for the training of document examiners Council Doc. The treatment of children at the external borders is assessed in the context of the Schengen evaluation visits.
During the evaluation visits particular attention is paid to the respect of fundamental rights in the application of the Schengen acquis. Experts participating in evaluations receive appropriate training on fundamental rights in Schengen evaluation border management. In all Schengen evaluation visits, the general rules of the Schengen Borders Code on children are to be verified e. The Standard Questionnaire which covers the relevant legislation, commonly agreed recommendations and best practices, also refers to situations and procedures involving unaccompanied children.
The experts then verify the application of the Schengen acquis during their on-site visits. Frontex offered its Fundamental Rights training for Border Guards to a number of third countries in the context of the implementation of technical assistance projects and of the Working Arrangements that Frontex has with those states.
Frontex has also developed the Vega Handbook: Children at Airports finalised Jul y , to be tested as a pilot phase first aimed at increasing border guards' awareness of children and situations of risk for children crossing the external air borders of the EU, unaccompanied or not. It can improve identification of children on the mo ve at risk at airports, while ensuring respect for child rights and enhancing activities against criminal threats to their safety.
In the Joint Operation Vega Children 17 September — 18 November Frontex tested the aforementioned handbook a t air borders. Following the testing phase, in the course of and upon the recommendations collected during the evaluation phase of the activities, Frontex implemented two phases of the Vega Children joint operation at air borders from 12 June un til 8 July and from 26 August until 5 October corresponding to the end and beginning of school periods, when children are mostly expected to travel.
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The involvement of the same authorities in the Joint Operation Vega Children is also planned. The report encouraged the Member States to develop appropriate national coordination mechanisms for travelling children and to inform the border crossing points about these mechanisms so that border guards know whom to contact in which situation and what the responsibilities betwe en the different actors are.
Frontex has implemented a basic fundamental rights course for its staff that makes specific reference to the need to carefully deal with children and unaccompanied children during border management activities. The course has now been running for 3 years and the Agency is committed to its continuation.
Further development of specialised courses for Frontex staff will follow. Furthermore, explicit mentions of children and unaccompanied children are included throughout the Manual on Fundamental Rights for Border Guards. Conditions for the protection of unaccompanied children are specifically foreseen in the areas of reception and assistance, as well as in interviewing. The aforementioned Manual highlights the international and European standards in the area of deprivation of liberty, noting these can only be used as the last resort and only for the shortest possible period of time. The internal Guidelines for Frontex debriefing activities specifically exclude intelligence gathering with children under 18 years to avoid any interference with the rights of the child and the principle of best interest.
The recently adopted European Border and Coast Guard Regulation addresses a number of strengthened child protection aspects. The Agency should fulfil its tasks in full respect for fundamental rights and relevant international law, including the United Nations Convention on the Rights of the Child. The child's best interests are to be a primary consideration in the activities of the Agency.
The code of conduct applicable to all border control operations coordinated by the Agency and all persons participating in the activities of the Agency shall lay down procedures intended to guarantee the principles of the rule of law and respect for fundamental rights with particular focus on children and unaccompanied children. In addition, a complaints mechanism is to be set up to monitor and ensure the respect for fundamental rights in all the activities of the Agency. The Agency shall ensure that information about the possibility and procedure for making a complaint is readily available, including for vulnerable persons or any party representing such persons.
The European Border and Coast Guard Regulation also calls for a revision of the Fundamental Rights Strategy and action plan, including on children in migration to be adopted in This research presents the human rights situation at the EU's borders where asylum seekers as well as victims of trafficking for labour and sexual exploitation and for organ extradition may also first enter the EU. The reports covered also the treatment of children and revealed challenges and gaps in the identification, registration and treatment of children at the borders, including detention practices and lack of referral of children to child protection authorities.
It examines relevant law in the field of asylum, borders and immigration stemming from both European systems: the European Union and the Council of Europe. It provides an accessible guide to the variou s European standards relevant to asylum, borders and immigration. Chapter nine is devoted to persons with specific needs and covers unaccompanied children. Actions at the EU level.
As migrants often arrive to Europe undocumented, it is sometimes necessary to perform age assessment in order to assess whether a migrant is a minor and therefore in need of special protection. The grounds, timing and methods used across the Member States for age assessment vary widely. Recognising that age assessment is not absolutely precise, in cases of doubt, authorities should treat the person as a child and grant the right to appeal age assessment decisions.
This revised edition is aimed at exploring new methods to assess the age in full compliance with the best interest of the child and the necessary procedural safeguards. It will include practical recommendations and provide guidance for age assessment process following a holistic approach. EASO has also provided operational support to Cyprus and Bulgaria regarding issues related to unaccompanied children age assessment, guardianship and representation, identification of vulnerable persons.
Age disputes and ineffective age assessment procedures, as well as a lack or disregard of safeguards, may also r esult in detention of unaccompanied children. Age assessment procedures are also important in the context of child trafficking, as children are sometimes instructed by traffickers and criminal networks to state that they are adults. The Anti-trafficking Directive sets forth the presumption of childhood. Actions in EU Member States. The new edition wi ll include an update mapping of the current methods in use. In case the unaccompanied minor cannot prove his age and there are serious doubts, a forensic assessment of age determination of the applicant is conducted.
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Prior consent in writing of the minor and of the legal representative is requested. According to the Action Plan, the Commission has provided EU funding in order to support several initiatives and projects such as European networks of guardians, exchange of good practices and the development of guidelines, common curricula and training, etc.
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Some of them target migrant unaccompanied children.