Probleme apărute în legislația azilului în România în cazul minorilor neînsoțiți
The issues met in Romania’s asylums legislation the unaccompanied infants

Summary/Abstract: Within the Convention concerning the refugees’ status, concluded in Geneva on July 28, 1951, there is no special provision regarding the refugee’ status on age criteria. The definition of refugee is equally applied to all persons, irrespectively of their age. Law 122/2006 with subsequent completions and amendments regulates the method of asylum in Romania. According to the definition which legislation in the field gives to the unaccompanied minor, this represents “the minor, foreign citizen or stateless, who arrived in Romania unaccompanied by parents or by a legal representative, or who is not in care of another person, according to the law, and also the minor left unaccompanied after entering into the Romanian territory”. During the asylum procedure, unaccompanied minors constitute a particular category of asylum seekers, due to their special condition. In view to assist the asylum seekers with special needs, implicitly of unaccompanied minors, Romanian Office for Immigrations can collaborate with NGO’s, which activate in this field. These NGO’s would rather use instead of the term “unaccompanied” the term of “separate”, whereas it is considered that the latter expresses in an objective manner the real situation of this category of asylum seekers. We refer to the fact that these persons do not benefit from the parents’ care and protection or from a legal representative and, consequently, due to this separation, they suffer social and psychological traumas.

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