CYIL vol. 15 (2024)

LENKA SCHEU, ANŽELIKA BANEVIČIENĖ specialist. 21 If there are contradictions in examining the minor’s asylum application, the explanation and facts most beneficial to the unaccompanied child are taken as the basis for assessment. Following Article 22 1 of Law No IX-2206, unaccompanied minors have the right to stay on the territory of Lithuania until a decision on their legal status is made. They can be returned to their country of origin only if, in that country, the child gets proper care, considering their needs, age, and level of maturity (Article 129(1)). An unaccompanied minor cannot be detained or accommodated with restricted movement (Article 32(8)). In addition, a representative is nominated for an unaccompanied foreign minor (Articles 32, 140 28 (2)). The minor is accommodated free of charge in a facility suitable for minors, the Refugee Reception Centre. The Centre provides social, accommodation, and other reception services (Articles 2(2), 17 1 , 32, and 123(1)). They have the right to attend kindergarten, study at school, or acquire a profession at a vocational training institution. They get free treatment and social services and can meet with representatives of NGOs and international organisations (Article 32). The competent state authorities in the Czech Republic responsible for the issue of alien minors are the Ministry of the Interior, which is responsible for conducting international protection proceedings; the Ministry of Labour and Social Affairs, which is responsible for the level of socio-legal protection of children, and the Ministry of Education, Youth, and Sports, which is the founder of the Facility for Children of Foreign Nationals. 22 Social and legal protection of children is regulated in the Czech Republic by the Act on Social and Legal Protection of Children No. 359/1999 Sb., as amended. This Act, in its introductory provisions, regulates, among other things, the protection of the child’s rights to favourable development and the protection of the legitimate interests of the child. In accordance with the provisions of Section 2(2) of this Act, social and legal protection is provided to the same extent as to minors of Czech citizens registered for permanent residence in the territory of the Czech Republic and to unaccompanied minors of foreigners. According to this Act, an unaccompanied alien minor means an alien under 18 years of age separated from their parents or other persons responsible for their upbringing. The issue of international protection is enshrined in Act No. 325/1999 Sb., on asylum. The legal regulation of the procedure for granting international protection applies to all persons, regardless of age, including unaccompanied minors. The issue of securing foreigners is regulated in Act No. 326/1999 Sb., on the residence of foreigners in the territory of the Czech Republic; for this article, the provision on the issue of detention of unaccompanied minors is particularly important. 23 21 Lithuania, Minister of Interior (2016), Order on the approval of the description of the procedure for granting and cancellation of asylum in the Republic of Lithuania, No 1V-131, 24 February 2016, paras 6 and 28; Lithuania, Minister of Social Security and Labour, Minister of Health “On the approval of the description of the procedure for age assessment, accommodation and other procedural actions of unaccompanied minors located in the Republic of Lithuania, who are not asylum seekers”, No. A1-229/1V-289/V-491, 23 April 2014, para 4.4. 22 The activities of the facility are regulated by Act No. 109/2002 Sb. on the performance of institutional or protective education, as amended, and Decree No. 438/2006 Sb. of 30 August 2006. The main focus of the facility is the integration of unaccompanied alien minors in the Czech Republic. The facility provides care for children who are not citizens of the Czech Republic and meet the conditions set out in the Act on Social and Legal Protection of Children. If these children cannot be placed in other institutions, especially for language reasons. 23 Ministerstvo práce a sociálních věcí, Nezletilý cizinec. [Ministry of Labor and Social Affairs, Minor foreigner] Available at: https://www.mpsv.cz/documents/20142/225508/Nezletily_cizinec.pdf/e1cf664b-6088-7284-19bc 93db88621b7c.

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