ECRE has argued that mandatory review of status goes against integration. This, together with further obstacles for acquiring long-term residence status create uncertainty, which is especially damaging in the case of children 22.
Returns Directive
The Returns Directive lays down standards and procedures for returning irregularly staying third country nationals to their country of origin or a third-country 23. When issuing return decisions, Member States must consider the best interests of the child, the right to family life, health, and the principle of non-refoulement. With regards to the return of unaccompanied children, the authorities enforcing the return should make sure that the child will be returned to his or her family or legal guardian, or to“ adequate reception facilities in the State of return” 24. The Directive sets the criteria and conditions for the detention of persons pending return. In particular, it states that unaccompanied children and families with children“ shall only be detained as a measure of last resort and for the shortest appropriate period of time” 25, and the best interests of the child should be a primary consideration 26.
Council of Europe’ s Convention for the Protection of Human Rights and Fundamental Freedoms( ECHR)
The European Convention on Human Rights 27( ECHR) provides that States should secure the rights contained in the Convention to everyone within their jurisdiction, without discrimination including on grounds of age. The European Court of Human Rights has an extensive case-law on children, including on migrant and refugee children. It is thus significant for the protection of migrant and refugee children in Europe.
Council of Europe Action Plan on Protecting Refugee and Migrant Children in Europe( 2017-2019)
The Action Plan 28 concerns all migrant and refugee children( with a special focus on unaccompanied children) who are in the territory of a member state of the Council of Europe, and it is based on the clear principle that children should be treated first and foremost as children, regardless of migration status. It proposes concrete actions for the period 2017-2019, based on existing standards and guided by the best interests of each child, taking into consideration
22 _ For further information on the ongoing process to replace the Qualification Directive with a Regulation, see
- European Commission, Proposal for a Regulation of the European Parliament and of the Council on Standards for the Qualification of Thirdcountry Nationals or Stateless Persons as Beneficiaries of International Protection, for a Uniform Status for Refugees or for Persons Eligible for Subsidiary Protection, and for the Content of the Protection Granted and Amending Council Directive 2003 / 109 / EC of 25 November 2003 Concerning the Status of Third-country Nationals Who Are Long-term Residents, COM( 2016) 466 final, 13 July 2016, https:// ec. europa. eu / home-affairs / sites / homeaffairs / files / what-we-do / policies / european-agenda-migration / proposal-implementation-package / docs / 20160713 / proposal _ on _ beneficiaries _ of _ international _ protection _- _ subsidiary _ protection _ eligibility _- _ protection _ granted _ en. pdf.
- European Parliament,“ Draft Report on the Proposal for a Regulation of the European Parliament and of the Council on Standards for the Qualification of Third-country Nationals or Stateless Persons as Beneficiaries of International Protection, for a Uniform Status for Refugees or for Persons Eligible for Subsidiary Protection and for the Content of the Protection Granted and Amending Council Directive 2003 / 109 / EC of 25 November 2003 Concerning the Status of Third-country Nationals Who Are Long-term Residents, 2016 / 0223( COD)( 2 March 2017) http:// www. europarl. europa. eu / sides / getDoc. do? pubRef =- // EP // NONSGML + COMPARL + PE-599.799 + 02 + DOC + PDF + V0 // EN & language = EN;
- " ECRE ": ECRE, Comments on the Commission Proposal for a Qualification Regulation,( November 2016), https:// www. ecre. org / wp-content / uploads / 2016 / 11 / ECRE-Comments-QR. pdf
23 _ Directive 2008 / 115 / EC of the European Parliament and of the Council on Common Standards and Procedures in Member States for Returning Illegally Staying Third-country Nationals, European Union, O. J. L 348 / 98, 16 December 2008, http:// eur-lex. europa. eu / LexUriServ / LexUriServ. do? uri = OJ: L: 2008:348:0098:0107: en: PDF. 24 _ Ibid., art. 10. 25 _ Ibid., art. 17. 26 _ See also ECRE, ECRE Information Note on the Directive 2008 / 115 / EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals, 7 January 2009, CO7 / 1 / 2009 / Ext / MDM, http:// www. refworld. org / docid / 496c61e42. html
27 _ Convention for the Protection of Human Rights and Fundamental Freedoms, Council of Europe, 1950, http:// www. echr. coe. int / Documents / Convention _ ENG. pdf.
28 _“ Council of Europe Action Plan on Protecting Refugee and Migrant Children in Europe”, Committee of Ministers, CM( 2017) 54-final, 19 May 2017, https:// search. coe. int / cm / Pages / result _ details. aspx? ObjectId = 090000168071484e.
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