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This project is funded by the European Union Implemented by
Integration of unaccompanied migrant children in Europe
Barbara KőhalmiRegional Workshop on Assistance and Protection of
Unaccompanied Child Migrants31 May 2016, Mexico City
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Content
• International Framework
• European Framework
• Hungarian experience
International Framework
Durable solution (UNHCR Safe and Sound, 2014)
„A durable solution is a sustainable solution that ensures that the unaccompanied child is able to develop into adulthood in an environment which will meet his or her needs and fulfil his or her rights as defined by the CRC and will not put the child at risk of persecution or serious harm”
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International Framework
Which durable solutions exists?
• Local integration• Return and reintegration• Third country solution
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International Framework
Local integration
CRC General Comment No. 6 (2005) on the treatment of unaccompanied and separated children outside their country of origin
• primary option if return to the country of origin is impossible on either legal or factual grounds
• must be based on a secure legal status (including residence status)• must be governed by the CRC rights which are fully applicable to all
children who remain in the country (irrespective of whether this is due to their recognition as a refugee, other legal obstacles to return, or, whether the best interests-based balancing test has decided against return)
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International Framework
• relevant authorities should conduct an assessment of the child’s situation and then in consultation with the child and his or her guardian, determine the appropriate long-term arrangements within the local community and other necessary measures to facilitate such integration
• long-term placement should be decided in the best interests of the child institutional care should serve only as a last resort
• UAM should have the same access to rights (including to education, training, employment and health care) as enjoyed by national children.
• the host country may need to pay special attention to the extra measures required to address the child’s vulnerable status (including e.g. through extra language training).
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International Framework
BID in the context of finding a durable solution• The purpose is to examine the individual circumstances
to understand what solution is best • The institution responsible would ideally be
independent, without conflict of interests • Carried out by staff with child protection expertise• In some states the BID is conducted by the
asylum/migration authority• For non asylum seeking children the BID can be carried
out in the child protection or judicial system
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European Framework
Action Plan on Unaccompanied Minors (2010 – 2014)
Durable solutions should be based on the individual assessment of the best interests of the child and shall consist of either:• return and reintegration in the country of origin;• granting of international protection status or other
legal status allowing minors to successfully integrate in the Member State of residence;
• resettlement to an EU Member State.
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European Framework
A decision on the future of each unaccompanied minor • should be taken by the competent authorities • within the shortest possible period (if possible
maximum six months) • taking into account the obligation to try to trace the
family, • explore other possibilities for reintegration in their
home society, and • assess which solution is in the best interests of the
child.
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European Framework
Legal Framework - Durable solutions
Recast Qualification Directive (2011/95/EU)
Art. 34 In order to facilitate the integration of beneficiaries of international protection into society, Member States shall ensure access to integration programmes which they consider to be appropriate so as to take into account the specific needs of beneficiaries of refugee status or of subsidiary protection status, or create pre-conditions which guarantee access to such programmes.
Art. 35 Member States may provide assistance to beneficiaries of international protection who wish to be repatriated.
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European Framework
Anti-Trafficking Directive (2011/36/EU)
Preamble (23) A decision on the future of each unaccompanied child victim should be taken within the shortest possible period of time with a view to finding durable solutions based on an individual assessment of the best interests of the child, which should be a primary consideration.
A durable solution could be return and reintegration into the country of origin or the country of return, integration into the host society, granting of international protection status or granting of other status in accordance with national law of the Member States.
Art. 16 2. Member States shall take the necessary measures with a view to finding a durable solution based on an individual assessment of the best interests of the child.
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Hungarian Experience
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Legal framework
Hungarian legislation on unaccompanied minors• Act LXXX on Asylum • Gvt. Decree 301/2007 (XI.9.) on the implementation of the Act
on Asylum • Act XXXI of 1997 on Child Protection• Gvt. Decree 149/1997. (IX. 10.) on child protection authorities
and guardianship and child protection procedures• NM. Ministerial Decree 15/1998. (IV. 30.) on the professional
tasks and management of child welfare and child protection institutions providing personal care
• Act CXC of 2011 on National Public Education
Strategy 2014-2020
Migration strategy (2014-2020)Unaccompanied and separated children and young adults receiving post-care support who are recognized as refugees or beneficiaries of subsidiary protection face numerous disadvantages; it is thus crucial to ensure their protection and to assist them in integrating during their stay in the institution and when they leave the institution to begin an independent life.Activities:• Increasing the protection of unaccompanied and separated children who are refugees or
beneficiaries of subsidiary protection, with especial attention to people smuggling• Expanding the capacity of staff working with unaccompanied and separated children and
young adults receiving post-care support• Setting up a system of financial aid and benefits for beneficiaries of post-care after they
move out from the children’s home• Amending legislation as appropriate to facilitate the naturalisation of unaccompanied
and separated children and young adults recognizedsed as beneficiaries of subsidiary protection
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Main characteristics of UAMs arriving in Hungary (2015)
• Hungary is a transit country: • Registered asylum-seeker UMAs: 8804 persons vs.• UAMs taken in child care: 3516 persons
• Sex: boy 99,4 %, girl 0,6 %• Main countries of origin: Afghanistan (82,5%),
Syria (5,8%), Kosovo (6,7%), Pakistan (1,5%) • Age:
• under 10 years 0,3%• 10-14 years 11,5 % • 14-18 years 88,2%
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Asylum procedure for UAMs in Hungary
• Persons in need of special treatment• Best interest of the child is a basic principle• Procedure is conducted as a metter of priority• Appointment of a case guardian and a child
protection guardian• Age assessement is conducted by a qualified
forensic expert• Status granted: refugee, beneficiary of subsidiary
protection, ‚tolerated status’
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Reception of UMAs in Hungary
• Since 2011 UAMs are accommodated in child protection facilities (UAMs Homes in Fót and Hódmezővásárhely)
• Same care as provided for Hungarian citizens• Full-home care: accommodation, food (5 times a day with regard to religious
and cultural customs), clothes, healthcare, education, psychological and personal development support.
• Their special needs (e.g. language barriers) related to their vulnerable situation are taken into account (information leaflet was made for child protection staff)
• Child protection professionals working with UAMs (child and youth protection supervisors, child protection assistants, social pedagogues, psychologists, teachers by profession)
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Integration of UAMs remaining permanently in Hungary
1. Education• Main step towards a successful social integration• Compulsory education 6/8 – 16 years (integrated with
Hungarian pupils)• Main difficulties: UAMs are undereducated in most
cases, language barriers• Support at UAMs Homes: well- equipped study
classrooms, language courses, catch-up skill development, extra-institutional programs to meet other Hungarian youngsters
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Integration of UAMs remaining permanently in Hungary
2. After-care system• UAMs granted international protection are eligible for
after-care arrangements under the same conditions as Hungarian children
• 18-24 years• Sign an agreement with the UAMs Home• child protection guardian of UAM has the duty to
inform him/her about the possibility of applying for after-care support and to facilitate that he/she files such application
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Integration of UAMs remaining permanently in Hungary
• Main supports: accommodation, welfare supports, help in official administration, in job search, in acquiring social skills
• Main elements: (provided by the educators working in the UAM Homes)– educational monitoring (follow-up on their
educational/employment pathway)– lifestyle monitoring (assistance of the UAM in acquiring
general knowledge about the rules of living together) – economic monitoring (how to make economies)
• 2016: 80 persons
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Complementary supports
European Refugee Fund 2 project of the Fót UAMs Home were supported by the Ministry of Interior (responsible authority) between 01.07.2014 and 30.06.2015 in connection with the integration of UAMs.1. „Belépő” (Entrance)• Target group: asylum-seekers• Aim: increasing the inner security and improving reception
conditions of UAMs, and preventing hospitalization and victimization
• Elements: languages skill development, tutoring courses, artistic and creative leisure time activities, activities on awareness raising about THB
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Complementary supports
2. „Itthon” (Home)• Taget group: beneficiaries of international protection• Aim: realization of complex, multi-step integration
program• Elements: individual language skill development,
cultural orientation activities, mental health programs, activities for supporting the start of independent life (education and/or vocational training)
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Special professional program addressing integration of UAMs
• UAMs Home Hódmezővásárhely • 3 periods:
1. Adaptation (1th month)2. Correction (2th month)3. Integration (3rd month)
• 4 pillars:1. Education and development 2. Health care3. Psycholigical condition assessment and guidence4. Legal assistance
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Conclusion
• Hungary is a transit country, therefore few UAMs remain in the country in long-term
• Legislation and practice are in line with international and European standards
• Child care system is also involved in the integration of UAMs
• Complementary supports from European Refugee Fund
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