CYIL vol. 15 (2024)

LENKA SCHEU, ANŽELIKA BANEVIČIENĖ child. 11 States cannot deprive foreign minors, especially unaccompanied, of the protection their status deserves. 12 The Convention on Action against Trafficking in Human Beings 13 protects the victims of human trafficking. Irregular migration, including unaccompanied children, is often intertwined with human trafficking. 14 Therefore, the convention should be considered when analysing the protection of unaccompanied children. Under Article 10(2), when there are reasonable grounds to believe that a person has been a victim of trafficking, that person cannot be removed from the state’s territory until the identification process is completed and suitable assistance is provided to them. Articles 10, 14, 28, and 30 of the Convention foresees additional special protection measures for child victims of human trafficking, which must consider the best interests of the child in all proceedings and beyond. Child victims cannot be returned to that state where there is an indication that such return would not be in the best interests of the child (Article 14(7)). In addition, the convention implies that an age assessment should be performed when the victim’s age is uncertain. Article 10(3) indicates that when the victim’s age is uncertain, and there are reasons to believe that the victim is a child, they must be presumed to be a child and be accorded special protection measures until their age is verified. Unfortunately, the Convention does not guide how the age assessment should be performed. European Union documents on the protection of the unaccompanied children At the EU level, the main document on protecting human rights, including children in migration, is the Charter of Fundamental Rights of the European Union. 15 Article 24 of the Charter requires that in all actions relating to children, whether taken by public authorities or private institutions, the child’s best interests must be a primary consideration. The best interest of the child should be considered in the protection of their dignity (Article 1), implementation of measures against torture and inhuman or degrading treatment or punishment (Article 4), ensuring respect for private and family life (Article 7), and right to asylum following the Refugee Convention (Article 18), ensuring protection in the event of removal, expulsion, or extradition (Article 19) providing an effective remedy and a fair trial including access to a lawyer and legal aid (Article 47). In addition, the EU institutions enacted several directives to define minimum requirements for asylum, subsidiary protection, and temporary protection, as well as the Regulation establishing the criteria and mechanisms for determining the EU Member State responsible for examining an application for international protection. 16 Directive 11 ECtHR, Rahimi v. Greece , N. 868/08, 5 April 2011. 12 European Union Agency for Fundamental Rights. Handbook on European law relating to asylum, borders and immigration, 2015. Council of Europe, 2015, p. 217. 13 Convention on Action against Trafficking in Human Beings is in force since 1 February 2008. 14 BANEVIČIENĖ, Anželika, Irregular migrants in Lithuania in the context of the readmission agreement with Latvia, No. 35 (2024): Public Security and Public Order (35), MRU, DOI: https://doi.org/10.13165/PSPO-24 35-04, p. 45. 15 Charter of Fundamental Rights of the European Union (2016), OJ C 202, 7/6/2016, p. 389. 16 COLACINO, Nicola. Unaccompanied Minors in EU Law. In: ROSSKOPF, Ralf. Unaccompanied minors in international, European and national law . Berlin: BWV, Berliner Wissenschafts-Verlag, 2016, 65–91.

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