Joint note by the Council of Europe and the European Union Agency for Fundamental Rights (FRA)
Council of Europe (CoE) and European Union (EU) Member States have an undeniable sovereign right to control the entry of non-nationals into their territory. While carrying out border control, states have a duty to protect fundamental rights of all people under their jurisdiction, regardless of their nationality, status, or age. Children as a category of vulnerable persons with special needs require heightened protection.
This joint note of the Council of Europe and the European Union Agency for Fundamental Rights summarises some key safeguards of European law as they apply to children in the context of migration at the EU’s external borders, bearing in mind that the relevant CoE standards apply to all borders.
SELECTED GENERAL SAFEGUARDS FOR CHILDREN
Who is a child?
Duty to provide protection and care
Best interests of the child – an overarching principle
Right to be heard
Family unity
SPECIFIC SAFEGUARDS FOR UNACCOMPANIED CHILDREN
Identification and registration
Age assessment
Guardianship
VISAS BORDER CONTROL
Checks at border crossing points
Children encountered in the context of border management
RIGHT TO SEEK ASYLUM
Access to asylum procedures
Asylum procedures at borders
RECEPTION CONDITIONS FOR ASYLUM APPLICANTS
Standards applying to all children
Standards for unaccompanied children
DEPRIVATION OF LIBERTY
Presumption against child detention
Conditions of detention
FORCED REMOVALS AT BORDERS ACCESS TO JUSTICE FURTHER INFORMATION
