Reasons for an European directive on unaccompanied foreign minors and migrant youth
DOI:
https://doi.org/10.18042/cepc/rdce.73.05Abstract
Europe needs a legal provision to regulate the immigration of unaccompanied foreign minors. It is true that some directives affect this group of people, but no legal provision, based on the principle of the best interests of the child, establishes the guidelines for a migration strategy with reasonable and permanent solutions. This paper justifies the need for such a legal provision by identifying some of the issues that the European legislator should address. For example, the timing and methods related to the age assessment, or the slowness of guardianship procedures. In relation to these challenges, it is of extraordinary interest to look at the reasons that have justified Spain the modification of the Regulation of the Organic Law 4/2000 on the rights and freedoms of foreigners in Spain and their social Integration, in 2021 and 2022. In just five months we can see that these changes are working well. The immediacy of these results raises questions about the reasonableness of the requirements previously imposed on the foreign population. In this regard, we must remember that any measure limiting rights must be duly justified, that minors must not be treated as immigrants, and that the particularly vulnerable nature of this group requires specific public policies. Young people who leave the public protection system when they reach the age of majority also deserve this consideration. It should not be forgotten that ECtHR considers inhuman or degrading treatment the State indifference or passivity toward those vulnerable populations in need of special protection.
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