Background

Children migrate from their countries of origin or residence for a variety of reasons, and often because of a combination of factors. They may be seeking safety, stability, asylum, decent income and living standards, freedom from discrimination, family reunification, economic or educational opportunities, amongst others, and often a combination of these.

Some are trafficked. They may travel with family groups, with other adults or peers, or they may be unaccompanied. Some are separated from family members en route. Some undertake very perilous journeys while trying to reach the EU or move within it, and some die during their journey.

Regardless of a child’s reasons for being in migration, their situation or status (or that of their parents), they all have rights as children, first and foremost according to the UN Convention on the Rights of the Child (CRC) and in line with the Lisbon Treaty and the EU Charter of Fundamental Rights).

However, these rights are not always reflected in law, policy or practice. Children face discrimination in access to their rights as children, on the basis of their residence or migration status (or that of their parents). Rather than considering first their status as children, their entitlements to services (such as health and shelter) are often governed by different laws or policies that focus primarily on their immigration status (e.g. undocumented, trafficked, asylum seeking, unaccompanied or separated). Indeed, access to necessary services for them may fluctuate, as different regimes come into application if their immigration circumstances change as they often do (for example, from trafficked to undocumented to children who are subject to return orders). This can lead to serious gaps in protection and enjoyment of children’s rights.

Consequently, many actors, including the UN Committee on the Rights of the Child, and organisations contributing to the Initiative for Children in Migration, have been calling for a comprehensive and rights-based approach to all children in the context of international migration.

Over the last years, the EU has adopted a number of policies which impact children in migration, notably the Communication on the Protection of Children in Migration (2017), Pact on Migration and Asylum (2020), Action plan on Integration and Inclusion 2021-2027 (2020), EU strategy on voluntary return and reintegration (2021), and the EU Strategy on the Rights of the Child (2021).