Samenvatting

This report examines the consequences of unaccompanied and separated, asylum-seeking children (UASASC) turning 18, that are passing through the asylum process in France, the United Kingdom and the Netherlands. It compares the asylum procedures as well as the practices in the management of unaccompanied and separated, asylum-seeking children in transition to adulthood. With the aim of contributing to the development of a policy that safeguards the protection of these recently turned legal adults. This report presents the complexity behind the creation of a European asylum policy and the notion of ‘child-friendly justice’ in EU asylum law and policy. In addition, also the assistance and protection provided to unaccompanied and separated, asylum-seeking children in transition to adulthood. The information gathered adds to available information on UASASC in terms of policy and legislation, based on the case studies. The approach that was taken was guided by child-specific legislation and the principle of ‘best interest of the child’. The report is based on desk research and two in-depth interviews with two Dutch participants, experts in the field of UASASC in policy.

Creating the Common European Asylum System
The motives behind the creation of a Common European Asylum System (CEAS), derived from several factors. One of the factors included, the abolishment of borders between the European countries, so that the common market could be completed. However, the abolishment of borders made the Member States (MS) vulnerable for irregular entry, therefore, the Schengen Agreements were signed, which included rules and right to asylum. Other factors involved, for instance, the fall of the communist regimes in Eastern Europe, which caused many to seek refuge in the European Countries; and the phenomenon ‘asylum shopping’, where particular countries were selected on criteria as the level of support and protection provided. Events like these caused for more policy-making with regard to asylum and migration on EU level. However, it was until the entry into force of the Treaty of Amsterdam in 1999, that harmonisation on asylum policies and legislation began. The Tampere Programme was the first stage toward a CEAS, which started with the harmonisation. The second phase included closer cooperation and expanded receptions standards for refugees or asylum seekers. The Stockholm Programme of 2010, a new phase, which was recently completed. This was aimed at expanding the scope of the CEAS.

Key Findings
Children’s Rights
Children’s rights protection was moved to the forefront of the EU’s social agenda around the turn of the Millennium, despite the long efforts made by children’s rights movements. Mainly, because children’s rights protection was not recognised in EU treaties. However, with the entry into force of the Treaty of Lisbon, the protection of children’s rights was for the first time included in an EU treaty. Resulting in child-sensitive provisions being included in the CEAS. Especially, the revised Directives showed improvement of children’s rights standards. Nevertheless, regarding unaccompanied and separated, asylum-seeking children (UASASC) turning 18, children’s rights will be lost after becoming legal adults.