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Yves Pascouau Senior Policy Analyst European Policy Centre

CHILDREN ON THE MOVE: CHILDREN FIRST! ENOC CONFERENCE BRUSSELS 26 SEPTEMBER 2013 Introduction to the Conference theme. Yves Pascouau Senior Policy Analyst European Policy Centre. Plan. Introduction - Children - On the move - EU framework

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Yves Pascouau Senior Policy Analyst European Policy Centre

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  1. CHILDREN ON THE MOVE: CHILDREN FIRST!ENOC CONFERENCE BRUSSELS 26 SEPTEMBER 2013Introduction to the Conference theme • Yves Pascouau • Senior Policy Analyst • European Policy Centre

  2. Plan • Introduction • - Children • - On the move • - EU framework 1. Constitutional obligations to respect human rights and the best interest of the child 2. Children on the move and EU migration law 3. Remaining gaps and prospects

  3. 1. Constitutional obligations to respect human rights and best interest of the child Treaty provisions Art. 2 TUE « The Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights (...) Art. 3.5 TUE“In its relations with the wider world, the Union shall uphold and promote its values and interests and contribute to the protection of its citizens. It shall contribute to peace, security, (...) eradication of poverty and the protection of human rights, in particular the rights of the child, (...). EU Charter of fundamental rights “1. Children shall have the right to such protection and care as is necessary for their well-being. They may express their views freely. Such views shall be taken into consideration on matters which concern them in accordance with their age and maturity. 2. In all actions relating to children, whether taken by public authorities or private institutions, the child's best interests must be a primary consideration. 3. Every child shall have the right to maintain on a regular basis a personal relationship and direct contact with both his or her parents, unless that is contrary to his or her interests”.

  4. 2. Children on the move and EU migration law • Legislation specifically addressed in : family reunification; return directive, visa code and all of the asylum rules • Definition • Principle of the best interest of the child • Assistance by specific bodies • Access to education • Special needs taken into consideration • Particular attention during detention • Obligation to accommodate children with parents or relatives • Jurisprudence (best interest of the child) • EuropeanParliament v. Council (Familyreunfication C-540/03) • O & S (C-356/11 & C-357/11) familyreunification • MA C-356/11 Dublin Regulation

  5. 3. Remaining gaps and prospects • In EU legislation • Detention of minor • Margins of manœuvre • In practice • UN special rapporteur • Monitoring concerns • Conclusion

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