Child migration

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This infographic was prepared before the Russian invasion of Ukraine, when the Temporary Protection Directive was activated for children escaping the war.

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Protecting irregular migrant children

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Many of the minors migrating to Europe go missing or drown at sea, trying to reach Europe's shores.

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Migrant children make this perilous journey to flee persecution, war, violence, poverty or environmental disasters.

They seek new economic and educational opportunities or try to reunite with family members living abroad.

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Ever since 2015, most migrant children found to be illegally present in the EU have come from Afghanistan or Syria.

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Together, they represent 35 % of all children found to be illegally present in the EU.

Top 10 nationalities of migrants under 18 years of age, found to be illegally present in the EU - Eurostat (2020)

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6 615 from Afghanistan

3 935 from Syria

2 085 from Iraq

1 570 from Turkey

1 520 from Morocco

1 420 from Algeria

880 from Russia

795 from Pakistan

710 from Iran

640 from Albania

On their migratory route, these minors face great risks on their journey.

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sexual exploitation and abuse

military recruitment

child labour, including for foster families

detention

Between 2015 and 2020, over 210 000 children seeking asylum in Europe were even more vulnerable as they were unaccompanied or separated from family members.

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After the peak of the migration crisis in 2015, thousands of young migrants are stillin the EU, staying illegally, struggling to obtain refugee status.

Number of migrants under 18 years of age, found to be illegally present in the EU. - Eurostat (2020)

2013

35 445

2014

79 140

2015

219 975

2016

152 535

2017

71 390

2018

55 055

2019

57 720

2020

30 315

The COVID-19 pandemic and efforts developed to minimise the spread of the virus have affected migration and human mobility.

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There are various ways for children to enter and stay in the European Union without legal grounds.

Some benefit from a legal entry on a short-stay visa, but remain after it expires.

Others enter from countries with a 90-day EU visa exemption.

Some use fake documents.

Others enter the EU using smugglers' services via irregular routes, by sea or land.

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All migrant children are entitled to fair reception and equal treatment under European Union law.

In May 2018, the European Parliament adopted a resolution on the protection of children in migration. It stresses that all children, irrespective of their migration or refugee status, must enjoy their rights enshrined in the UN Convention on the Rights of the Child.

For instance, Member States must appoint someone to represent and assist unaccompanied children in their asylum application process, and, if necessary, to exercise a legal capacity to guarantee their best interests.

However, if their asylum application is rejected, these children become 'irregular' and Member States instruct them to return to their country of origin, a transit country (in accordance with readmission agreements), or another third country to which they voluntarily decide to return and where they will be accepted.

The European Union guarantees the safe return of young migrants.

With the EU Return Directive, the European Union is particularly attentive to minors, especially those who are unaccompanied.

It offers common EU rules for clear, transparent and fair treatment of irregular migrants.

It ensures the full respect of their human rights and fundamental freedoms.

It provides access to basic health care, education or leisure activities, pending return.

It makes sure that children are only detained as a measure of last resort and for the shortest appropriate period, pending return.

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Member States must guarantee that unaccompanied minors will be returned to a family member, a nominated guardian or an adequate reception facility in the country to which they return. Without the necessary follow-up and support measures, mere reception by border police is not considered 'adequate reception'.

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However, returns can be challenging.

In 2019, among the 21 045 irregular migrant children ordered to leave the European Union, only 19 % were effectively returned to their home country.

Member States face difficulties when the child has lost his/her papers or when there are contradictory statements relating to his/her nationality.

Third countries might also be unwilling to readmit the child or issue travel documents. It can also be complex to trace unaccompanied minors' parents or determine who is responsible for providing consent for voluntary return.

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Percentage of effective returns of migrants under 18 years of age, depending on their country of origin - Eurostat (2019)

Afghanistan 1.5%

Guinea 2.3%

Syria 2.5%

Pakistan 2.5%

Mali 3.7%

Côte d'Ivoire 3.8%

Bangladesh 4.5%

Morocco 9.6%

Nigeria 10.7%

Algeria 12.4%

Iraq 13.8%

Iran 14.3%

India 14.8%

Tunisia 15.1%

Turkey 24.3%

Georgia 38.9%

Albania 42.5%

Russia 44.3%

Ukraine 67.6%

Serbia 85.7%

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These obstacles often stretch the Member States' human and financial resources.

Special facilities responding to the child's specific needs are required, pending removal.

Children are offered tailored counselling support to prepare them for return.

A medical escort intervenes during their return trip.

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The European Union actively cooperates with irregular migrants' countries of return through readmission agreements and arrangements that detail clear obligations and procedures for the authorities on both sides as to when and how to readmit people who are residing irregularly in the EU.

Agreements are legally binding with countries such as Ukraine and Serbia, but legally non-binding with countries such as Afghanistan. Most challenging is return cooperation with countries such as Syria, for which there are no formal or informal agreements.

What's next?

The European Commission has already introduced a 'communication on the protection of children in migration', which offers comprehensive proposals on the protection of unaccompanied children, as well as those travelling with their families.

Moreover, a number of EU countries have agreed to relocate unaccompanied children from Greece.

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The European Parliament has stressed that the creation of new safe and legal pathways would enable the EU and its Member States to better address child protection needs and to undermine the smugglers' business model.

Members also underlined the importance of establishing a robust identification and registration system based on the best interests of the child. This would ensure that children enter and stay in national protection systems, with a child-focused approach throughout the entire procedure.