Provisions On Child Asylum Seekers In Selected Jurisdictions

This report surveys the laws of eight democratic foreign jurisdictions with respect to whether there are special laws concerning children asylum-seekers, particularly unaccompanied children. Covered jurisdictions include the countries of Australia, Canada, France, Germany, Italy, Sweden, and the United Kingdom, as well as the European Union (EU). As discussed more fully in the jurisdictional surveys, all of the jurisdictions covered in this report have provisions treating asylum-seeking minors differently from asylum-seeking adults. The EU requires Member States to make protecting the best interests of the child a primary consideration when applying asylum law. Member States must provide unaccompanied minor asylees with legal guardians or representatives; must make the health, including mental health, a primary concern; and may detain minors only in exceptional circumstances as a last resort in age-appropriate accommodations.