Children
In this section
Introduction
Children constitute over 40 per cent of forcibly displaced and stateless persons. Situations of forced displacement and statelessness can have a lifelong, devastating impact on the lives and development of children. Conflict and persecution expose children and their families to violence, abuse and exploitation and cause families and children to flee. As a result, forcibly displaced and stateless children face a wide range of child protection risks which include diverse forms of violence, abuse, exploitation and neglect. Below is a repository of documents related to the protection of forcibly displaced and stateless children, including legal, policy and background information.
Legal Instruments
Conventions
- Worst Forms of Child Labour Convention, ILO, 17 June 1999
- Convention on the Rights of the Child, UN General Assembly, 20 November 1989
Protocols
- Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention against Transnational Organized Crime, UN General Assembly,15 November 2000
- Optional Protocol on the Involvement of Children in Armed Conflict, UN General Assembly, 25 May 2000
- Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography, UN General Assembly, 25 May 2000
General Comments
General comment No. 14 (2013) on the right of the child to have his or her best interests taken a s a primary consideration (art. 3, para. 1), CRC, CRC/C/GC/14/6, 29 May 2013
General comment No. 12 (2009): The right of the child to be heard, CRC, CRC/C/GC/12, 20 July 2009
General Comment No. 6 (2005): Treatment of Unaccompanied and Separated Children Outside their Country of Origin, CRC, CRC/GC/2005/6, 3 June 2005
General comment No. 5 (2003), General measures of implementation of the Convention on the Rights of the Child, CRC, CRC/GC/2003/5, 27 November 2003
Resolutions
Resolution 1612 (2005) on Children and Armed Conflict, UN Security Council, S/RES/1612 (2005), 26 July 2005
United Nations Rules for the Protection of Juveniles Deprived of Their Liberty, UN General Assembly, A/RES/45/113, 14 December 1990
Regional Instruments
African Union
African Charter on the Rights and Welfare of the Child, 11 July 1990
Council of Europe
Convention on the Protection of children against sexual exploitation and sexual abuse, 12 July 2007
Convention on Action Against Trafficking in Human Beings, 16 May 2005
European Union
Executive Committee and Standing Committee Documents
ExCom Conclusions
Standing Committee Documents
Youth, EC/67/SC/CRP.17, 31 May 2016
International protection of children of concern, EC/61/SC/CRP.13, 31 May 2010
Birth Registration: A Topic Proposed for an Executive Committee Conclusion on International Protection, EC/61/SC/CRP.5, 9 February 2010
Children At Risk, Standing Committee, 38th meeting, EC/58/SC/CRP.7, 22 February 2007
Policy Documents
UNHCR
Strategy / Policy
UNHCR Policy on the Prevention of, Risk Mitigation and Response to Gender-based Violence, 2020
UNHCR Policy on Age, Gender and Diversity, 8 March 2018
Core Actions for Refugee Youth, November 2016
UNHCR Policy on Adoption, 22 August 1995
Guidance
UNHCR Operational Guidance on Child Protection Core Programme Actions, 2024
Best Interests Procedure Guidelines: Assessing and Determining the Best Interests of the Child, May 2021
Minimum Standards for Child Protection in Humanitarian Action, 2019
Safe and Sound: what States can do to ensure respect for the best interests of unaccompanied and separated children in Europe, October 2014
Listen and Learn: Participatory Assessment with Children and Adolescents, July 2012
Special measures applying to the return of unaccompanied and separated children to Afghanistan, August 2010
Guidelines on International Protection No. 8: Child Asylum Claims under Articles 1(A)2 and 1(F) of the 1951 Convention and/or 1967 Protocol relating to the Status of Refugees, HCR/GIP/09/08, December 2009
Guidelines on Mental Health and Psychosocial Support in Emergency Settings, 2009
Inter-Agency Guiding Principles on Unaccompanied and Separated Children, UNICEF, UNHCR, ICRC, Save the Children, IRC, World Vision International, January 2004
Guidelines on Policies and Procedures in Dealing with Unaccompanied Children Seeking Asylum, February 1997
Comments on regional legislation
Prevent. Combat. Protect: Human Trafficking, Joint UN Commentary on the EU Directive – A Human Rights-Based Approach, November 2011
European Union
Guardianship for children deprived of parental care : A handbook to reinforce guardianship systems to cater for the specific needs of child victims of trafficking, European Agency for Fundamental Rights, June 2014
EASO Age assessment practice in Europe, European Asylum Support Office (EASO), December 2013
Report on the situation of unaccompanied minors in the EU (2012/2263(INI)) : Committee on Civil Liberties, Justice and Home Affairs, European Parliament, A7-0251/2013, 26 August 2013
Commission Staff Working Document on the implementation of the Action Plan on Unaccompanied Minors (accompanying the document, Report from the Commission to the Council and the European Parliament, Mid-term report on the implementation of the Action Plan on Unaccompanied Minors, European Commission, COM(2012) 554 final, 28 September 2012
Communication from the Commission to the European Parliament and the Council. Action Plan on Unaccompanied Minors (2010 - 2014), European Commission, COM(2010) 213/3, 6 May 2010
Action Plan Implementing the Stockholm Programme, European Commission, COM(2010) 171 final, 20 April 2010
Reports & Research
UNHCR
"We Believe in Youth" - Global Refugee Youth Consultations Final Report, 19 September 2016
Why do children undertake the unaccompanied journey?, December 2014
Unaccompanied and Separated Asylum-seeking and Refugee Children Turning Eighteen: What to Celebrate?, March 2014
Protecting children on the move, July 2012
Trees only move in the wind: a study of unaccompanied Afghan children in Europe, June 2010
Voices of Afghan Children - A Study on Asylum-Seeking Children in Sweden, June 2010
Europe
- Separated, asylum-seeking children in European Union Member States, European Union: European Agency for Fundamental Rights, 7 December 2011
- Child Trafficking in the European Union: Challenges, Perspectives and Good Practices, European Union: European Agency for Fundamental Rights, 7 July 2009
- Legislation and the Situation Concerning Trafficking in Human Beings for the Purpose of Sexual Exploitation in EU Member States, International Centre for Migration Policy Development (ICMPD), European Union: European Commission, 2009
- Right to Justice: Quality Legal Assistance for Unaccompanied Children - Comparative Report, European Council on Refugees and Exiles, July 2014
- Position Paper on Age Assessment in the Context of Separated Children in Europe, Separated Children in Europe Programme, 2012
- Comparative Study on Practices in the Field of Return of Minors, European Council on Refugees and Exiles, HOME/2009/RFXX/PR/1002, December 2011
- SCEP Statement of Good Practice, Separated Children in Europe Programme, 4th Revised Edition, March 2010
- Position Paper on Preventing and Responding to Trafficking of Children in Europe, Save the Children, December 2007
Country-Specific
Austria
Your asylum procedure in Austria. Information for children and adolescents under 18 years old who are alone in Austria and applied for asylum, UNHCR Austria and the Federal Office for Immigration and Asylum, 2014
Belgium
Unaccompanied minors in Belgium, European Migration Network (EMN), July 2009
Germany
Federal Association for Unaccompanied Minor Refugees (B–UMF) website offering information on training in this “clearing procedure”
Sweden
Swedish Migration Agency website (external link)
Barnahus (Children's House) pilot projects to aid (suspected) victims of sexual abuse, Council of Europe, 6 October 2009
United Kingdom
Age Assessment Information Sharing for Unaccompanied Asylum Seeking Children: explanation and guidance, UK Home Office and ADCS Asylum Task Force, July 2014
Care of unaccompanied and trafficked children: Statutory guidance for local authorities on the care of unaccompanied asylum seeking and trafficked children, UK Department of Education, July 2014
Guidance: Discretionary Leave to Asylum Seekers, UK Visas and Immigration, 2014
Human Rights of Unaccompanied Migrant Children and Young People in the UK, House of Lords, House of Commons Joint Committee on Human Rights, June 2013
Working Together to Safeguard Children: A guide to inter-agency working to safeguard and promote the welfare of children, UK Home Office, March 2013
In Focus: Child Protection Issue Briefs
- Family Tracing and Reunification, January 2017
- Children with Disabilities, April 2015
- Alternative Care, January 2014
- Child Labour, January 2014
- Mental health and psychosocial well-being of children, January 2014
- Sexual violence against children, January 2014
- Child recruitment, September 2013
- Community-based child protection mechanisms, September 2013
- Birth registration, August 2013
Other Relevant Links
Refworld
UNHCR Protection Manual, Section F: Specific Protection Priorities, Children of Concern
All reports of the UN Committee on the Rights of the Child (CRC)
All reports of the UN Commission on Human Rights relating to children
Concluding observations adopted by the UN Committee on the Rights of the Child (CRC)
States Parties reports to the UN Committee on the Rights of the Child (CRC)