The EU should put an end to the detention of minors
Youth organisations voice concern about the draft European immigration pact
Following the agreement by EU ministers from all 27 Member States on a draft European pact on immigration, presented by the French EU Presidency on 7-8 July, youth organisations from across Europe are calling on EU countries not to apply double standards to human rights. They underline the unacceptability of detaining minors and urge the EU to put an end to the practice.
Minors are among the world’s most vulnerable groups and are at particular risk of abuse when separated from their parents and other care-givers. A few thousand minors are still detained every year in Europe because of their irregular migration status. European countries must, therefore, ensure that the international and regional instruments protecting separated children and youth are fully implemented, with regards to detention, access to basic services (e.g. education and health), asylum and family, as stated in the Convention on the Rights of the Child.
"Migrant children are entitled to have the same rights as their national or resident counterparts, so they should be treated as children first and foremost, regardless of their migrant status," explains Bettina Schwarzmayr, President of the European Youth Forum (YFJ).
Europe needs to better integrate its migrants by granting them the same rights and not simply by imposing the same obligations upon them. In this context, the removal of the “integration contract” clause from the draft pact, following pressure from Spain and Scandinavian countries, is positively noted by the European Youth Forum. In order to meet the needs of migrants and facilitate their integration into the labour market, anti-discrimination measures need to be strictly enforced, alongside the provision of services such as language courses and other training programmes. While school plays a key role in this regard, youth organisations, as major providers of non-formal education, should be further recognised as key players in helping integrate young migrants.
The YFJ is disappointed with regards to the French conception of “chosen” migration as it only takes into account the receiving countries’ perspective, instead of the needs of those who migrate. “Migration should be a choice, rather than a consequence of despair arising from the political, religious or economic circumstances in countries of origin. Co-development can, therefore, be an important tool to limit 'brain drain' and should not only be seen as a tool to limit migration. Development aid must then, remain a priority in EU external policy,” continues Schwarzmayr.
EU Returns Directive
The EU Returns Directive, which was approved by the European Parliament on 18 June and is considered the backbone of the EU immigration pact, does not guarantee the return of those with irregular migrant status in safety and dignity, despite upholding human rights as a fundamental principle. On the contrary, an excessive period of detention of up to 18 months and a EU-wide re-entry ban for those forcibly returned, risks lowering existing standards in the Member States. The YFJ welcomes the principle of “voluntary return” although four weeks is not a sufficient period of time, and those not leaving the country voluntarily, will face overly tough sanctions. Furthermore, the Directive does not fully protect unaccompanied minors as it does not restrict the detention of vulnerable groups, but simply regulates the conditions of their detention.
In sum, the YFJ is concerned about the fact that the overall principle upheld by the Directive is the “return” of people with irregular migration status, leaving regularization as a mere exception. A true rights-based approach to migration is urgently needed.
