Potential and Challenges of Private International Law in the Current Migratory Context - Experiences from the Field

12-06-2017

•The rights of the child (Art. 3, Convention on the Rights of the Child, Art. 24, EU Charter of Fundamental Rights) are well ensured by the German approach to treat unaccompanied minors first and foremost as children in need of protection. •The responsibility of the youth authorities (Jugendamt) to give shelter has priority. •The immediate legal representation of an unaccompanied child is guaranteed by the right of the youth authorities to act as first representatives of the child. The family court then appoints an appropriate guardian. •As it is not always advisable to apply for asylum, the representative of the child has to decide on the application in order to clarify the child's perspective. •Amendments and interdisciplinary practical action plans already improved the situation of unaccompanied minors. There is still a need for clarification and improvements.

•The rights of the child (Art. 3, Convention on the Rights of the Child, Art. 24, EU Charter of Fundamental Rights) are well ensured by the German approach to treat unaccompanied minors first and foremost as children in need of protection. •The responsibility of the youth authorities (Jugendamt) to give shelter has priority. •The immediate legal representation of an unaccompanied child is guaranteed by the right of the youth authorities to act as first representatives of the child. The family court then appoints an appropriate guardian. •As it is not always advisable to apply for asylum, the representative of the child has to decide on the application in order to clarify the child's perspective. •Amendments and interdisciplinary practical action plans already improved the situation of unaccompanied minors. There is still a need for clarification and improvements.