Child refugees represent one of the most vulnerable populations (in global migration). Their unique needs—legal, psychological, and developmental—demand a specialized, rights-based approach grounded in international and regional legal frameworks. I discuss the importance of accompanying child refugees throughout asylum procedures, emphasizing their right to protection, child-appropriate legal counseling, and meaningful participation in decisions affecting their lives to existential extents.
Legal Foundations: International and European Obligations
The 1951 Refugee Convention and its 1967 Protocol establish the foundational legal framework, based on art. 14 of the Universal Declaration of Human Rights, for refugee protection, affirming the right of individuals to seek asylum from persecution (United Nations High Commissioner for Refugees [UNHCR], 2010). Complementing this, the United Nations Convention on the Rights of the Child (CRC) mandates that all children, irrespective of status, are entitled to protection, care, and the opportunity to express their views in matters affecting them. Specifically, Article 22 of the CRC obliges states to provide appropriate protection and assistance to refugee and asylum-seeking children, ensuring their rights are upheld throughout the asylum process (UN General Assembly, 1989). Non-discrimination is thereby a fundamental principle of human rights.
At the regional level, the European Convention on Human Rights (ECHR) reinforces these protections, guaranteeing the right to life, prohibition of torture, and the right to a fair trial (Council of Europe, 1950). The European Union’s legal instruments further elaborate on these rights, emphasizing the necessity of safeguarding the best interests of the child in all actions concerning them (European Union Agency for Asylum [EUAA], 2023).
The Necessity of Child-Specific Legal Representation
Navigating asylum procedures is inherently complex, a challenge magnified for children who may lack the cognitive and emotional maturity to comprehend legal intricacies or are unfamiliar to a certain states framework besides the complex stress from leaving their home(country), taking the dangerous journey and settling in a new country without speaking the language and relying on a social network. Recognizing this, several jurisdictions have instituted mechanisms to ensure child-specific legal representation.
Austria: Upon an unaccompanied child’s application for asylum, the Youth Welfare Office in charge appoints a legal representative to guide them through the process (Asylum Information Database, 2023a) after the first stage of the procedure (examination of state responsibility). However, the actual resources are limited, focused on legal requirements only and do not suffice the demands of the complex procedures; besides the fact that accompanied children do not have specialized representatives and their burdens and reasons for flight are not considered.
Psychological Well-being and the Right to Be Heard
Beyond legal representation, the psychological well-being of child refugees is paramount. Exposure to trauma, displacement, and uncertainty can have profound effects on (a child’s) mental health. The CRC emphasizes the child’s right to express their views freely in all matters affecting them, with due weight given to their age and maturity (UN General Assembly, 1989).
Austria: The Federal Constitutional Law on the Rights of Children, adopted in 2011, reaffirms this CRC article and principle in Article 4, which states that children have a say in all matters affecting them. Returning to the potential dangers of their home country, often after long periods of residence in Austria and integration and identification processes that have already begun (depending on their age), is – without doubt – a matter that significantly affects them.
A poignant illustration of the psychological toll on child refugees is depicted in the documentary Quite Life, which chronicles the phenomenon of Resignation Syndrome among refugee children in Sweden. Faced with the stress of uncertain asylum statuses, some children withdraw into a coma-like state, highlighting the dire consequences of neglecting their psychological needs.
Recent years have witnessed significant developments in the treatment of child refugees from a normative perspective though the new migration policy by the EU is – as well as national policies – becoming more restrictive, ultimately affecting the children. The new EU migration pact was critized for not sufficiently taking children´s welfare into account.
Austria: The Austrian Commission on the Best Interests of the Child released recommendations in 2021 to improve legal frameworks and practices related to children in the asylum process, emphasizing the need for child-sensitive approaches (EUAA, 2023). In addition, guiding principles for child-friendly justice have been published at European level. However, the basic problem between aspiration and reality remains, in a currently increasingly hostile socio-political climate towards refugees. It is worth noting that in other court proceedings, in cases where children have been victims of violence (legal and psychosocial procedural support) and in court custody proceedings (child guardianship), there is support for children to take account of these guidelines in Austria. A pilot project is currently being carried out in Styria (ZEBRA) to provide legal and psychosocial support for refugee children during proceedings. There are no secure funding structures for this attempt either.
The accompaniment of child refugees throughout the asylum process is not merely a procedural formality but a fundamental obligation rooted in international and regional legal frameworks. Ensuring child-specific legal representation, safeguarding psychological well-being, and upholding the right to be heard are essential components of a rights-based approach. As global displacement continues to affect countless children, it is imperative that host countries such as Austria reaffirm their commitment to protecting the most vulnerable, translating legal obligations into tangible, compassionate action.
References
Asylum Information Database. (2023). Austria: Legal representation of unaccompanied children. https://asylumineurope.org/reports/country/austria/asylum-procedure/guarantees-vulnerable-groups/legal-representation-unaccompanied-children/
Council of Europe. (1950). European Convention on Human Rights. https://www.echr.coe.int/documents/convention_eng.pdf
European Union Agency for Asylum. (2023). Asylum report 2023: Rights of the child during the asylum procedure. https://euaa.europa.eu/asylum-report-2023/564-rights-child-during-asylum-procedure
European Union Agency for Fundamental Rights and Council of Europe. (2022) Handbook on European law relating to the rights of the child. https://fra.europa.eu/en/publication/2022/handbook-european-law-child-rights
UN General Assembly. (1989). Convention on the Rights of the Child. https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-rights-child
United Nations High Commissioner for Refugees. (2010). Convention and protocol relating to the status of refugees. https://www.unhcr.org/3b66c2aa10tangible, compassionate action.
simply human 
Hinterlasse einen Kommentar