Bridging Regulatory Gaps, Rethinking Integration Policies, and Arranging Good Practices for Unaccompanied Children in The European Framework
Bridging Regulatory Gaps, Rethinking Integration Policies, and Arranging Good Practices for Unaccompanied Children in The European Framework

Author(s): Cinzia Valente
Subject(s): Law, Constitution, Jurisprudence, International Law, Human Rights and Humanitarian Law, EU-Legislation, Asylum, Refugees, Migration as Policy-fields
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Unaccompanied children; Best interest; Protection; Soft law; Inclusion;
Summary/Abstract: This paper addresses the urgent issue of migrant children, particularly unaccompanied minors, migrating from non-European countries to European states. These children face significant vulnerabilities due to their foreign and minority status as well, as a lack of a legally responsible adult. The study underscores the necessity of enhancing protection measures to safeguard their fundamental rights and facilitate their integration into the host community. The absence of specific legislation at he international and European levels, coupled with fragmented national laws, impedes the implementation of effective and standardized solutions. Lawmakers are confronted with complex challenges, including the identification of minors, tracing parents or family members, appointing guardians or providing foster care, ensuring access to healthcare and education, and establishing procedures for repatriation or long-term reception. This essay aims to address these challenges and reconstruct the fragmented legal landscape by conducting a comparative analysis of the Italian legal framework and those of other European countries, with a particular focus on age verification, the reception system, and guardianship appointments, taking into account the relevance of operational rules and soft law. The conclusions will highlight the critical issues within the current legal landscape and emphasize the necessity for cooperation among key stakeholders (state and local entities, public and private institutions) and the minors themselves.

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