The rights and needs of separated children

Separated children are entitled to international protection under a broad range of universal and regional instruments, most notably the 1989 Convention on the Rights of the Child (CRC), the 1951 Refugee Convention and the Hague Conventions for the Protection of Children. However, these instruments have not been sufficiently integrated into national legislation and practice.

Of particular concern are the following issues:

protection against forced return
access to the asylum procedure
the right to be appointed a guardian to represent the child's best interests
the right to have a legal representative to assist with the asylum claim
separated children seeking asylum should never be detained
tthe need to commence family tracing and reunification as soon as possible if this is in the best interest of the child
child specific persecution need to be taken into account in determining their protection needs. e.g. recruitment of child soldiers, trafficking for prostitution, female genital mutilation and forced labour
the need to involve child experts and people who have been sufficiently trained in all decisions regarding interim care and long term solutions
the need for appropriate assistance and care
the need for programmes to assist return to country of origin when it is in the best interests of the child