Universal Periodic Review

Ensure the immediate assignment of a legal guardian to all unaccompanied minors who arrive in the country, without delays or preconditions

Proponent:

Remarks to progress by Liga (last modified Dec 31, 2024):

Children and young people between the ages of 14 and 18 are largely on their own at the beginning of their asylum procedure.
In 2021, the Minister of Justice set up an independent „Child Welfare Commission“ to examine the compatibility of Austrian asylum and immigration law with children’s rights standards (see the report, recommendations and implementation of the Child Welfare Commission on the website of the Federal Ministry of Justice: <a
href=https://www.bmj.gv.at/themen/Fokusthemen/Kindeswohlkommission.html)>https://www.bmj.gv.at/themen/Fokusthemen/Kindeswohlkommission.html)). The report presented in July 2021 revealed far-reaching deficits in the material examination of the best interests of the child in asylum proceedings, in the organisation of proceedings (e.g. participation of children) and in ensuring custody when it comes to unaccompanied refugee children and the basic care of children and their families. Since then, training and internal organisational improvement measures have taken place within the BVwG; the Ministry of the Interior/BFA is not aware of any further feedback on the implementation of the recommendations.   In the area of UMF, the Federal Ministry of Justice (BMJ) has already presented a draft for a nationwide standardised custody regulation for unaccompanied refugee children (including through an amendment to the General Civil Code). With this regulation, the responsible KJH is to be entrusted with custody by law (ex lege) immediately after an unaccompanied refugee child is apprehended. However, this new provision has not yet been adopted by parliament.   Following reports of suspected assaults or sexualised violence and exploitation of children in nurseries, schools, sport and film in 2022/23, the federal government decided on a package of measures against violence against children in January 2023; in particular, all institutions are to submit child protection concepts for prevention and victim protection. However, there is no uniformly binding legal framework for this. In March 2023, the Network for Children’s Rights drew up a comprehensive „Corona Special Report“ on the far-reaching consequences of the COVID-19 pandemic, with the support of the Ministry of Social Affairs. Since then, training and internal organisational improvement measures have taken place within the Federal Administrative Court (BVwG); no further feedback on the implementation of the recommendations is known from the Ministry of the Interior/Federal Office for Immigration and Asylum. In 2022, a report was published by the UN Committee on the Rights of the Child, the UN High Commissioner for Refugees (UNHCR), the UN Organisation for Migration (IOM) and the UN Children’s Fund (UNICEF) called on the Austrian Federal Government to improve protection measures for unaccompanied children and adolescents. In particular, it is crucial to ensure care from day 1 (see: <a href=https://archiv2022.asyl.at/files/366/03-20200225_obsorge_unhcriomunicef.pdf
>https://archiv2022.asyl.at/files/366/03-20200225_obsorge_unhcriomunicef.pdf). Unaccompanied children and adolescents should have guardians at their side immediately after their arrival in Austria to ensure that the best interests of the child are taken into account in all measures and decisions. The goal must be guardianship from day 1, as recommended by the UN Committee on the Rights of the Child and set out in the government programme. Children and young people between the ages of 14 and 18 who come to Austria without parents or other legal guardians generally receive no support during police interviews or when decisions are made regarding an asylum application. Child and youth welfare services (KJH) only come into action once these children and young people have been admitted to the asylum procedure and transferred to a basic care centre in a federal province. This can take several weeks or months, during which the young people are exposed to particular dangers. A swift appointment of qualified guardians whom the children can trust can significantly reduce the risk of disappearance or child trafficking shortly after their arrival.   The care situation is more positive for unaccompanied children under the age of 14. Child and youth welfare services are usually active immediately after arrival in Austria and provide care and support in child and youth welfare centres, accompany the children and young people to all official appointments and apply for custody.   However, this differentiation by age group is contrary to the UN Convention on the Rights of the Child. It is therefore of great importance that every child, regardless of legal status and age, is treated first and foremost as a child and receives the same protection and the best possible support;