Since 2013, hundreds of thousands of children have arrived in Europe, many travelling unaccompanied and separated from their families. In the Europe and Central Asia region, large numbers of children have been displaced within their own countries, such as Türkiye and Ukraine, and the region now accounts for 10 per cent of the world’s internally displaced people. Instead, many children have risked their lives travelling to Europe via the Mediterranean Sea and Western Balkan routes in the absence of safe and legal migration pathways.
In 2023, a total of 55,704 children arrived in Bulgaria, Cyprus, Greece, Italy, Malta and Spain – an increase of 58% compared to 2022 (35,170). Among them, 35,510 (64%) were unaccompanied or separated children (UASC). In Cyprus alone, 1,638 children arrived by sea in 2023, including 828 UASC and most of them originated from the Syrian Arab Republic.
Refugee and Migrant Children as Vulnerable People
Migration routes are particularly dangerous for unaccompanied and separated children – especially girls, many of whom have already fled from violence, including child marriage, in their home country, or who may be trafficked. Many girls and boys who have taken the central Mediterranean route are reported to have endured sexual violence during their journeys. As well as being vulnerable to people smugglers and traffickers, every child on the move is likely to face harsh environmental conditions and a lack of shelter, food, water and sanitation and healthcare. More specifically, the level of vulnerability of these children varies among boys and girls, and it is particularly acute among young children and adolescents. This vulnerability is further exacerbated by the lack of effective mechanisms to identify and refer these children, as well as the absence of child-centred case management. At the same time, many refugee and migrant children also demonstrate remarkable resilience and adaptive capacities in coping with the hardship, trauma, and challenges they face in their countries of origin, during their journey, and throughout the process of integration into host communities.
In this context, the Council of Europe has been concerned with the situation of refugees and migrants over many years, and it has paid significant attention to the protection of refugee and migrant children through targeted actions with the aim to guarantee respect for their life. Among other significant legal frameworks, particular attention should be given to the Committee of Ministers of the Council of Europe, which adopted an organizational wide Action Plan on protecting refugee and migrant children in Europe (2017-2019) with the objective of improving children’s access to their rights and to child friendly procedures. Building on this effort, the Council of Europe also adopted a new Action Plan on Protecting Vulnerable Persons in the Context of Migration and Asylum in Europe (2021-2025). This more comprehensive plan continues to prioritise children among other vulnerable groups, reinforcing standards and support mechanisms to ensure effective access to rights, protection, and integration in host societies with a child-friendly approach.
A Child-Friendly Approach
Having clear guidance on how to fully uphold the human rights of children on the move, ensure their protection, and adopt appropriate reception and integration procedures is part of a broader long-term commitment, which runs parallel to the general principles of the United Nations Convention on the Rights of the Child (UNCRC). These principles not only affirm the recognition of children’s human rights in general – particularity as outlined in Articles 2, 3, 6 and 12 – but also underline the obligation of States to adopt a child-friendly approach that embeds children’s rights throughout migration-related processes and procedures. According to the Council of Europe Guidelines on Child-Friendly Justice, this approach ensures “the effective implementation of all children’s rights at the highest attainable level,” describing it as “accessible, age-appropriate, speedy, diligent, adapted to and focused on the needs and rights of the child.”
In a historical period marked by a sharp increase in the arrival of unaccompanied migrant children, it is essential to recall the necessary measures and good practices that must be followed when dealing with children in migration. These include also the training of professionals working in the field – such as legal professionals, policy makers, and frontline workers – and are also inspired by the Council of Europe’s Action Plan on Protecting Refugee and Migrant Children in Europe (2017- 2019).
Firstly, there is the need to ensure greater protection for refugee and migrant children, which highlights the importance of adhering to specific procedures related to border management, identification and registration, age assessment, reception, as well as to associated rights such as access to education and health care. These procedures must fully respect the principle of non-refoulment, as established by Article 33 of the 1951 Geneva Convention, which prohibits the rejection at the border of persons at risk of persecution or other serious harm. In this context, it is essential that, upon arrival, children are granted access to the territory, are properly identified, and that their fundamental rights are safeguarded from the outset. Regarding age assessment, it must be emphasised that such procedures should only be applied in cases of substantial doubt about the person’s age and should never be carried out in a way that frightens, retraumatises, or undermines the dignity of the child.
Secondly, a child friendly asylum and migration processes should be highly considered as include general and specific procedural safeguards such as guardianship and legal representation, child friendly information and interviews, as well as remedies and complaints, all in line with the best interest of the child – Article 3 UNCRC. Child-friendly information confirms the need to support children to understand the situation, make informed decisions and access support. Information provided during asylum and migration processes must be adapted to a child’s age, maturity, language, gender and culture. Similarly, child friendly interviews require to be conducted by a professional trained in communication with children and the decision of the application must be prepared by an official who has the necessary knowledge of children’s special needs.
Thirdly, special protection measures must be taken for refugee and migrant children, especially those unaccompanied or separated, victims of trafficking, domestic violence, sexual abuse or sexual exploitation. Moreover, in line with the good manner in migration procedures, children must be treated with humanity, they should be provided with legal and other assistance and not deprived of his or her liberty arbitrary or unlawfully, choosing for them alternatives to immigration detention.
Finally, in order to respect fundamental children’s rights, it must be essential to identify durable solutions which can take the form of voluntary repatriation to the country of origin, family reunification, resettlement and returns or local integration which are likely to have a fundamental and long-term impact on the child.
Conclusion
In line with the EU law, the European Convention on Human Rights (ECHR), as well as the general principles of the UN Convention on the Rights of the Child (UNCRC), States have a legal obligation to ensure that the basic needs of migrant and refugee children are met, that the best interests of the child are treated as a primary consideration, and that children have the right to be heard without discrimination. Considering these obligations, it is essential to adopt a child-specific approach in all migration-related practices, policies, and decision-making processes in line with a targeted strategy for the rights of the child, which further strengthens the Council of Europe’s commitment to safeguarding children in migration contexts and other crisis.