The fundamental rights of unaccompanied minors in EU asylum law: A dubious trade-off between control and protection

Karen Mets - ERA Forum

Abstract

The current Common European Asylum System (CEAS) includes several measures to protect unaccompanied minors. New CEAS proposals launched in 2016 continued to expand some of the existing safeguards but also introduced a more punitive approach towards asylum-seekers, sanctioning and preventing secondary movements and possible abuse of the asylum system. These measures need to be viewed against the backdrop of the so-called ‘refugee crisis’, creating a policy climate more focussed on control and deterrence. This equally affects unaccompanied minors, who struggle to enjoy the rights granted to them, as EU member states move towards an increasingly restrictive interpretation of the CEAS.