|Opis:||Unaccompanied minor migrants, whose numbers are rapidly increasing within the European Union and are slowly growing into one of the greatest humanitarian challenges since the formation of the European Union, present one of the most vulnerable groups in modern society. Both, the Directive 2008/115/EC of the European parliament and of the Council, of 16 December 2008, on common standards and procedures in Member States for returning illegally staying third-country nationals and the Directive 2013/33/EU of the European parliament and of the Council, of 26 June 2013, laying down standards for the reception of applicants for international protection, include unaccompanied minors in the list of vulnerable persons.
The reasons why they come to European Union vary, but there might be a common ground found in the context of current world events, such as conflicts in the Middle East, some Asian and African countries, which appear to have a significant impact on migration flows.
One of the problems that unaccompanied minors are facing is, that they are far too often seen as migrants prior to being seen as children. Considering that provisions which ensure the protection of children are one of the most widely ratified, it automatically lowers the threshold of protection of children granted by law, if they go unseen.
All European countries have ratified the Convention on the Rights of the Child, of 20 November 1989 and have therefore taken the responsibility to protect the rights of all children who are situated on their territory, irrespective of their nationality or legal status. If these children come to the European Union with an intention for applying for asylum, it often happens that they are confronted with lengthy procedures, which can also result in prolonged detentions, sometimes in questionable conditions. They may also find themselves detained in the context of return procedures and in the end that may lead to a vicious circle of uncertainty-migration trap. They started off their journey in hopes of freedom and a better life but became victims of administrative procedures- between detention and deportation-instead.
Administrative detention of migrants is the main topic of this paper in which I am concluding that the detention is carried out either on the basis of asylum acquis, or on the basis of legislation that deals with return procedures. Detention of unaccompanied minors is not expressly prohibited. International law however strongly opposes to its use and stresses that it should only be used as measure of last resort and for the shortest period of time. Furthermore, the detention must be necessary, reasonable and proportionate to the legitimate goal. It should never be arbitrary, all of the possibilities for its order must be clearly provided by law. A primary consideration in all procedures relating to children must be the principle of the best interest of the child. When the ladder implies that the minor should be returned to their country of origin, member states have the option to carry out voluntary or forced return.|