Unaccompanied minor refugee

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An unaccompanied minor refugee (abbreviated: umF or MUFL) is, in short, a minor refugee who entered from abroad without being accompanied by an adult responsible for him or was left unaccompanied in Germany.

The reasons for fleeing include economic reasons, wars and armed conflicts , the use of children as child soldiers , violence in the family environment including the threat of forced marriage , forced circumcision or genital mutilation as well as child and human trafficking .

term

According to Art. 2 letters d and e of Directive 2013/33 / EU (Reception Directive) , the term “minor” denotes a third-country national or stateless person under the age of 18. “Unaccompanied minor” means a minor

“Who enters the territory of a Member State without being accompanied by an adult responsible for him under the national law or practice of the Member State concerned, as long as he is not actually in the care of such an adult; this includes minors who have been left unaccompanied after entering the territory of a Member State. "

In its communication to the European Parliament and the Council, the European Commission speaks of migrant minors .

The use of the term for minors who are not accompanied by an adult who is legally responsible for them and who do not have the nationality of the country in which they are located varies depending on the German legal area. In terms of right of residence, one speaks of unaccompanied minor foreigners ( Section 58 (1a ) Residence Act ), in German social law it is referred to as foreign children and adolescents after unaccompanied entry ( Section 42a of Book VIII of the Social Code ).

International conventions for the protection of minors

The Federal Republic of Germany undertakes to guarantee protection for unaccompanied minors in four international agreements.

International refugee law is based on the Geneva Refugee Convention of 1951, which does not contain any special regulations for refugee minors, but the general legal protection it provides also extends to children and young people, as the Convention does not have any age limits.

Under the Hague Convention on the Protection of Minors of 1961, followed by the Hague Convention on the Protection of Children of 2011, the courts or administrative authorities of the contracting states on whose territory there are refugee children and children who have moved to another country as a result of unrest in their country exercise , Take measures to protect the child's person and property. This includes B. the placement in a youth welfare facility, the appointment of a guardian or carer and the regulation of the residence.

According to Art. 1 of the UN Convention on the Rights of the Child (CRC) of 1989, which came into force in the Federal Republic of Germany on April 5, 1992, a child is any person who has not yet reached the age of eighteen, as long as the age of majority is after the child applicable law does not occur earlier. According to Articles 3, 4 and 22 CRC, the best interests of the child must be given priority in all measures of the contracting states that affect children, regardless of whether they are taken by public or private institutions of social welfare, courts, administrative authorities or legislative bodies . In addition, States parties shall take appropriate measures to ensure that a child who desires the status of a refugee or is considered a refugee receives adequate protection and humanitarian assistance in the exercise of their rights, regardless of whether they are with their parents or one of them other person is located or not. The contracting states have undertaken to take all appropriate legislative, administrative and other measures to implement these rights. After the German federal government withdrew its reservation made on the occasion of the ratification of the UN Convention on the Rights of the Child on July 6, 1992, with effect under international law on July 15, 2010, the international treaty provisions of the CRC are directly applicable in Germany.

In the European Union , the resolution adopted on June 26, 1997 on unaccompanied minors third-country nationals established common standards in the field of entry, residence, including questions of accommodation, care and care, the asylum procedure and repatriation.

For minors from non-EU countries who apply for asylum, Articles 23 and 24 of the EU Reception Directive and Articles 6 and 8 of the Dublin III Regulation must also be taken into account in the member states of the European Union . The regulations concern a possible family reunification in the interests of the child's best interests as well as the guarantee of legal representation of the minor and appropriate accommodation.

National law

Germany

According to Section 2 of the German Civil Code (BGB) , the age of majority occurs upon completion of the 18th year of life. Persons under the age of 18 are minors .

legislation

When Germany ratified the UN Convention on the Rights of the Child with reservations in 1992 , the reason for the reservations was that the Federal Government did not want to grant refugee children the same rights as German children. In July 2010, the federal government withdrew its reservations, and since then the Convention on the Rights of the Child has also been in full force in Germany. In 2013, the national legislation was not yet fully adapted to the new situation. In particular, there were deficits with regard to the right of refugee children to education and with regard to the protection of 16 and 17-year-old refugees.

A draft law by the SPD parliamentary group "to improve the situation of minors in terms of residence and asylum procedure law", with which the parliamentary group intended to adapt the German legal situation to the standards of the UN Convention on the Rights of the Child, was discussed in the Bundestag in April 2013 and rejected. During the hearing, u. a. emphasized that the planned measures, in particular an increase in the procedural capacity to 18 years and an exclusion of the airport procedure, would not necessarily result from the child rights convention. In the meantime, the ability of minors to act has been abolished both in the general right of residence ( § 80 AufenthG) and in the asylum law ( § 12 AsylG); since then, all minors need a legal representative in the proceedings. It is no longer possible for minors to apply for asylum themselves.

On November 1, 2015, the law to improve the accommodation, care and care of foreign children and young people came into force. With the law, through a supplement to child and youth welfare in Germany in the eighth book of the Social Code (SGB VIII), a nationwide obligation of the federal states to accept unaccompanied foreign children and young people under the age of 18, which is based on the best interests of the child and the special need for protection of unaccompanied minors (Sections 42a to 42f, Section 7 Paragraph 1 No. 1 and No. 2 SGB VIII).

The law for better enforcement of the obligation to leave committed since July 29, 2017, the youth welfare offices , in appropriate cases, for of them taken into care unaccompanied minors who may international protection ( § 1 , paragraph 1, point 2 of the Asylum Act ) require, immediately on its own initiative a To apply for asylum ( Section 42, Paragraph 2, Sentence 5, SGB VIII).

Legal Status

The legal status of unaccompanied foreign minors affects child and youth welfare law , immigration and asylum law and the legal status of minors in Germany in general.

If minors are legally incapable of acting , they need a legal representative , especially vis-à-vis authorities and courts.

Child and Youth Services

In Germany, a foreign minor is taken into custody by the youth welfare office in accordance with Section 42 , Section 42a of the Book of the Social Code (SGB VIII ) and placed in a child and youth welfare facility if he or she has not entered the country accompanied by a guardian or parent. The most common types of inpatient living are specialized, supervised living groups or full-time care in a host family. Accompanied minors, on the other hand, are usually accommodated with their parents in initial reception facilities and collective accommodation. Adults under 21 years of age can contact the youth welfare office and receive help for young adults there in accordance with Section 41 of the Book of Social Code VIII .

In the so-called clearing procedure , the youth welfare office also determines the age of the person concerned.

For an unaccompanied minor, the family court may appoint a guardian ( Section 55 of Book VIII of the Social Code in conjunction with Section 1773, Paragraph 1, 2nd alternative of the German Civil Code). When selecting the guardian, priority is given to an individual honorary guardian ( Section 1791a Paragraph 1 Clause 2 and Section 1791b Paragraph 1 Clause 1 BGB); otherwise an association, official or professional guardianship is possible (see article "Guardianship", section "Selection of guardian" ). The guardian should be a point of contact for the child with all personal worries and problems. As part of personal care , which is one of the guardian's rights and obligations , he must also provide assistance with all asylum and immigration law issues during the asylum or other residence-related procedure. If he lacks the relevant legal knowledge, he must seek professional advice.

Immigration and asylum law

According to Section 36 (1) of the Residence Act , both parents of an unaccompanied minor refugee are entitled to a right to join them until the point in time when the child comes of age, at least if the application is submitted at the same time or in a temporal context, if the child has and an independent right of residence there is no such independent right of residence with the parents. The volume of immigration based on this was very low in the past: on June 30, 2015, only 504 people in Germany had a residence permit due to such family reunification. As of November 2015, there were 45,000 unaccompanied minor refugees who potentially have the right to family reunification. ( see also: family reunification ).

According to the former § 12 Asylum Procedure Act, 16 and 17-year-old asylum seekers could apply for asylum themselves. Opposing judgments existed on the question of whether the 16 to 17 year old minors had to be assisted by a lawyer as a supplementary carer. From the 2010 withdrawal of Germany's reservation against the UN Convention on the Rights of the Child, the District Court of Gießen concluded that unequal treatment of minors under 16 and over 16 can no longer be maintained and a supplementary carer has to be appointed. However, the Karlsruhe Higher Regional Court concluded otherwise that it was left to the state to take suitable measures to achieve the objective set out in Article 22, Paragraph 1 of the UN Convention on the Rights of the Child (ensuring adequate protection and humanitarian aid in the exercise of rights) and referred in particular the possibility of applying for legal aid . In the meantime, the revised Section 12 AsylG removes the legal capacity of persons under 18 years of age. In addition, an amendment to Book 8 of the Social Security Code (SGB VIII) has made provisions on the temporary taking into care of foreign children and adolescents after unaccompanied entry ( Sections 42a to 42f SGB ​​VIII).

Unaccompanied minors are generally protected against deportation, as the immigration authorities must ensure, according to Section 58 (1a) of the Residence Act, that the minor in the country of return is handed over to a member of his / her family, a person authorized to take care of the person or a suitable reception facility.

Asylum seekers minors are generally not exempt from the airport procedure.

Minor Law

From when schooling is compulsory for underage refugees is regulated differently in the individual federal states due to the cultural sovereignty of the states. Compulsory schooling takes effect at the earliest within the first few days and at the latest 6 months after entry. In Munich there is the SchlaU school specially set up for refugees . In 2011 the German Teachers' Association called for a “master plan for integrating adolescent refugees into the school system”.

Juvenile criminal law is applicable to young people up to 17 years of age, possibly also adolescents up to 20 years of age . In the event of a deprivation of liberty, Article 37 d of the UN Convention on the Rights of the Child , § 69 JGG expressly regulates the right to access to legally qualified or other suitable counsel.

statistics

Taking into care and first-time asylum applications in the event of unaccompanied entry
year Taking into care Asylum applications
2010 2,822 1,948
2011 3,482 2.126
2012 4,767 2,096
2013 6,584 2,486
2014 11,642 4399
2015 42,300 22,255
2016 44,935 35,939
2017 22,492 9,084

The majority of applicants in 2017 were 16 or 17 years old (approx. 82%) and male (approx. 86%) in the first half of the year. The main countries of origin were Afghanistan (25.2%), Eritrea (22.3%), Somalia (10.2%), Guinea (8.2%) and Syria (7.8%). Of the total of 55,890 refugees “under youth welfare jurisdiction”, 24,116 were so-called young adults. They remain in youth welfare beyond the age of 18 if their supervisors and the youth welfare offices determine a particular need for youth welfare.

A study of refugees in Münster (mainly from Afghanistan, Guinea, Algeria and Eritrea), whose age was doubtful, showed that between 2007 and 2018 around 40 percent of these refugees who had claimed to be minors when they entered the country were 18 Were years or older.

Legal policy debate on age determination

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The handling of the age information of refugees is controversial and is not handled uniformly in Germany. In some regions, all refugees who indicate an age under 18 are taken into custody without a medical age estimate and in some cases without a formal age estimate. In other regions, if there are any doubts about the age, a medical age estimate is regularly ordered. A graduated procedure is prescribed in the federal state of Hamburg. If a safe non-medical age determination is possible, a decision is made on the basis of this information. Otherwise, a medical age estimate will be ordered. Participation in the medical age assessment is voluntary. The ethics committee of the federal medical profession points out, however, that the refusal of the medical age estimate usually leads to the assumption of majority and is therefore "to the disadvantage of the person to be assessed". In Bavaria, the medical age determination is also used. If there are residual doubts about the age of majority even after a medical examination, according to Art. 25 Par. 5 RL / EU 2013/32, minority is assumed (in dubio pro puero).

The classification as an unaccompanied minor refugee entails additional costs for care and catering. According to the Federal Office of Administration , this amounts to an average of € 5,250 per month, including child-friendly accommodation and educational support, and thus a multiple of the costs for an adult refugee. The classification is also relevant in the case of criminal prosecution.

The Saarland Prime Minister Annegret Kramp-Karrenbauer (CDU) called for a nationwide procedure for determining age on the occasion of the criminal case in Kandel 2017 . Because despite the legal regulation in Section 42f of Book VIII of the Social Code , many youth welfare offices do not obtain a medical age estimate even in cases of doubt. For example, the Baden-Württemberg Ministry of Integration and Social Affairs recommended not implementing the regulation. A spokesman for the Federal Ministry of Family Affairs said on request that it was known how inconsistent the practice of age determination in the municipalities and states is. Proponents of a nationwide (“nationwide”) medical age determination of unaccompanied minor refugees in cases of doubt point out that the medically determined age often does not match the age of the person. According to the director of the forensic medicine institute at the Hamburg University Medical Center, Klaus Püschel, the medical examinations carried out at his institute in the past showed that "around three quarters of the people examined were much older" than they claimed. According to Ulf Küch, Deputy Chairman of the Bund Deutscher Kriminalbeamter , the police have known since 2015 that there are also adults among the unaccompanied refugee minors. The youth welfare office regularly refused requests from the police to have the age of allegedly 15-year-olds checked by a doctor . Küch hopes that the results of the study by criminologist Christian Pfeiffer on the rise in violent crime will lead to a rethink. The Lord Mayor of Tübingen, Boris Palmer (Die Grünen), called for a reversal of the burden of proof “in view of the considerable costs and obvious dangers that this group of young men poses” : Without proof of minority, every person should be “treated as an adult”.

Critics such as the Rhineland-Palatinate Prime Minister Malu Dreyer (SPD), on the other hand, are of the opinion that the previous regulation that youth welfare offices can initiate a medical examination in the event of doubts or at the request of the person concerned is sufficient.

In a joint statement, the child and adolescent psychiatric societies and professional associations criticized the genital examinations in particular as a "highly controversial" method, which is why the crossing of shame boundaries is "medically unjustifiable". In addition, the human body ages more quickly “through experiencing sexual abuse or excessive stress during the flight”, which makes a biological age estimate impossible. The president of the professional association of paediatricians said in January 2018 that the general practitioners are happy when they can care for their regular patients. The age estimation examinations are medically difficult and organizationally difficult to manage.

In Germany, x-rays of the left wrist, teeth or collarbones are usually performed to determine age. An exact determination of the chronological age of a person is not possible, it can only be estimated approximately. In medical reports, the most likely age and / or the minimum age are therefore usually given. The indication of the minimum age is intended to prevent an excessively old age from being determined. The determined age is thus practically always below the actual age.

The German Medical Association rejects medical examinations to estimate the age of asylum seekers, for example by means of x-rays. The Central Ethics Commission of the German Medical Association last questioned at the end of 2016 that medical age regulations are reliable and that there is a sufficient legal basis for medical age estimates outside of criminal proceedings. Comprehensive examinations without medical indication are an interference with human well-being, in particular X-rays without medical indication are "an interference with the physical integrity", so association president Frank Ulrich Montgomery . The investigations are complex, expensive and burdened with great uncertainties. X-ray examinations are only permitted “according to the rules of radiation protection” in criminal proceedings.

The Badische Zeitung reports that forensic doctor Klaus Püschel gives a security of 95% for the estimation of the age of majority. An inaccuracy of two years is included. He cannot tell whether someone is 17, 18 or 19. Forensic doctor Andreas Schmeling complained in an interview with the FAZ that smoke candles are often used in reports on medical age determination. He made it clear that forensic age estimation could not provide an accurate birthday, month or year of birth. However, it is often not pointed out that authorities and courts do not need an exact age, but only need to know whether someone is over 14, over 18 or over 21 years old. In an article written jointly with Püschel and three other forensic doctors in 2016 in Deutsches Ärzteblatt , he argued that applying the minimum age concept ensures that the forensic age of the examined person is practically always below the actual age. Correspondingly, exceeding a legally relevant age limit is proven with “probability bordering on certainty” if the determined minimum age is above the legally relevant age limit. Whether a medical examination is proportionate must be decided in each individual case by a judge in accordance with Section 81a (2) sentence 1 StPO, and if the success of the examination is jeopardized by delay, the public prosecutor must also decide.

Paragraph 42 f of SGB VIII stipulates that: “At the request of the person concerned or his representative or ex officio, the youth welfare office must arrange for a medical examination to determine the age in cases of doubt”. This means that the youth welfare offices are legally entitled and obliged to obtain a medical examination in cases of doubt. Before the standard was adopted, case law on the question of the admissibility of X-ray examinations outside of criminal proceedings was inconsistent. The Hamburg Administrative Court has already made a final and final decision on a similar provision (Section 49, Paragraph 6 of the Residence Act) “that, in accordance with the principle of proportionality, a normal health risk to the person to be examined due to X-ray radiation should be accepted and not be regarded as a health disadvantage within the meaning of the provision. “This case law also corresponds to the relevant legal literature. An X-ray of the hand that is common for age estimation results in a radiation exposure of 0.1 microsievert . If the jaw is also x-rayed, as is often the case with the aim of determining the age more precisely, an additional burden of 50 microsieverts arises. By way of comparison: the average German citizen receives around 2000 microsieverts from X-rays per year, plus 1000 to 2000 microsieverts from normal ambient radiation . There is no limit below which radiation can be regarded as completely harmless.

The Federal Association of Unaccompanied Minors Refugees (BumF) , an association of refugee and youth welfare organizations, positioned itself in 2015 - supported u. a. by the German Medical Association - against the medical age determination and tried to convince various state governments to expose this as unethical. In May 2015, the red-green state government of Baden-Württemberg informed the youth welfare offices that a medical age determination compared to an age determination within the framework of a qualified inspection does not offer "any additional, valid gain in knowledge". The Badische Zeitung described the result as “inconsistent”: In Freiburg, the rate of refugees classified as of legal age by the youth welfare office fell from 38% in the first half of 2015 to 21% in the second half of the year. In 2016, 19% in Freiburg were classified as of legal age. In Karlsruhe and Konstanz the proportion remained constant at around 20% between 2015 and 2016. At the initiative of the black and red federal government, the amendment to Section 42 f SGB VIII came into force in October 2015, which ordered a medical age assessment in cases of doubt. The Ministry of Integration and Social Affairs of Baden-Württemberg recommended that the youth welfare offices refrain from using the medical method, contrary to the current legal situation. The authorities of some other federal states held it similarly. In other federal states, according to the legal situation, medical reports are obtained in cases of doubt. In the Saarland, according to the Prime Minister, in cases of doubt, medical examinations determined the age of majority in 35% of cases. According to the head of the forensic medical institute in Hamburg, 50% - 75% of the doubtful cases were determined to be of legal age by a medical examination.

In criminal proceedings, the x-ray examination of the hand for the medical age determination is a suitable method in which health disadvantages are excluded with a probability bordering on certainty. The medical examination is ordered by a judge or public prosecutor if there is sufficient suspicion.

In March 2018, 23 youth and refugee aid non-governmental organizations published a statement according to which the age assessment under youth welfare law is not in any factual context to questions of crime detection and prevention and according to which, contrary to what the public discussion suggests, a nationwide legal basis has been established since 2015 for age determination in youth welfare proceedings. The deficits reported in the youth welfare offices were deficits in enforcement, which were caused by the high number of immigrants in 2015 and 2016 and a simultaneous change in the nationwide distribution procedure. The associations therefore spoke out against a change in the law on age assessment under youth welfare law.

Austria

The Settlement and Residence Act (NAG) defines an unaccompanied minor as a minor alien who is not accompanied by an adult who is legally responsible for him or her (in Section 2, Paragraph 1, Item 17) . For unaccompanied minors, the NAG provides exceptions to the issue of residence permits and documentation (in Section 19 (7) of the NAG), for applications in Germany (in Section 21 (3) (1)) and proof of German language skills in order to protect the best interests of the child (in Section 21a, Paragraph 5, Item 1). A third-country national residing in the federal territory who is an unaccompanied minor foreigner must be issued a Red-White-Red Card plus under certain circumstances (according to Section 41a NAG Paragraph 10) .

Sweden

In late May 2017, Sweden introduced a voluntary medical age check for refugees who claim to be underage. A refusal to take the test can be taken as an indication of age. To determine the age, either an X-ray examination of wisdom teeth and an MRI scan of the knee joint are carried out. The first 581 age examinations resulted in the assessment: that 442 (76%) would be of legal age (18 years or older), that 5 (1%) would mostly likely be of legal age and 134 (23%) would be underage.

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At the beginning of 2018, the director of the Swedish National Council for Forensic Medicine, Monica Rodrigo, responded to criticism of the knee joint analysis that it was developed and will be continued together with the socialstyrels and other authorities. Justice Minister Morgan Johansson supported this.

In September 2018, forensic doctor Fredrik Tamsen and mathematics professor Peter Mosstad published a study in the International Journal for Legal Medicine based on the statistical results of the Swedish Council for Forensic Medicine, they came to the conclusion that a knee joint reached maturity 1 - 1.5 years earlier reached than the teeth. According to this, 15% of the unaccompanied minor refugees classified as adults, i.e. thousands of asylum seekers, would have been falsely declared of legal age in 2017.

United Kingdom

Jewish refugee children on arrival in Harwich , 1938

After the November pogrom of 1938 before the outbreak of war, around 10,000 predominantly Jewish children were brought to safety in the kingdom by Jewish aid organizations from Germany, Austria and Czechoslovakia in the child transports before the Holocaust . The total number of underage refugees in the kingdom during World War II is estimated at 20,000. After the beginning of the war in 1939, some of the German youths aged 15 and over were interned as foreign nationals by enemy states and brought to Canada and Australia.

During the refugee crisis in Europe from 2015 between June 2015 and July 2016, the UK authorities questioned the alleged minority in 1,060 out of a total of 3,472 cases of unaccompanied minor refugees and investigated 933 of these cases. 68% of the people were found to be of legal age. After analyzing these figures and the procedures, the professor and human rights activist Marie-Benedicte Dembour complained, among other things, that the guidelines in the Kingdom did not make it compulsory to rule in the interests of the child when determining age.

United States of America

Many unaccompanied minors are fleeing to the United States , mainly from Honduras , Guatemala and El Salvador . While US laws allow border guards to turn away young people from Mexico at the border , underage migrants from Central America are guaranteed an asylum procedure based on the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 signed by George W. Bush . This law should protect them from gang crime and violence. The examination of the asylum applications was subsequently delayed due to the lack of a corresponding increase in administrative staff.

On June 15, 2012, Barack Obama declared a deportation freeze for those young illegal immigrants who meet certain criteria of a bill known as the DREAM Act , and offered them opportunities for a temporary legalization of their stay under the Decree Deferred Action for Childhood Arrivals (DACA). The end of this measure was decided in 2017 by the administration around President Trump. In June 2013, the Senate passed a bill on immigration reform that would allow immigrants to obtain legal residence status and citizenship after 13 years, while at the same time providing for measures totaling $ 46 billion over ten years to tighten border controls. The approval of the House of Representatives is still pending (as of July 2014).

Tens of thousands of unaccompanied minors from Honduras, Guatemala and El Salvador were housed in emergency shelters in the summer of 2014. The Department of Homeland Security announced in June 2014 that since October 2013 the US Border Guard had already apprehended 52,000 underage migrants without their parents. In June 2014, Obama appealed to parents in Latin America not to send their children across the border alone or with smugglers in view of the dangers of travel and the prospect of deportation. Obama demanded billions of dollars in emergency aid from Congress to deal with the child refugees. In early July 2014, Obama asked Congress to amend the 2008 law to allow for the faster deportation of refugee minors to Guatemala, El Salvador and Honduras. About two weeks later, Governor Rick Perry decided to deploy 1,000 soldiers from the Texan National Guard on the Texas section of the US-Mexico border in order to reinforce the security of this section of the border in view of child migration.

In this context, under pressure from the USA, Mexico stepped up surveillance of the borders with Guatemala and Belize .

In 2018, illegal immigrants have been detained , especially since April 2018, due to the government's zero tolerance policy. Your underage children will be separated from their parents , as they have a right to release - according to the case law in the Flores case . In fact, at least temporarily, they become unaccompanied minors who are taken into custody.

In August 2019, the federal court in San Francisco ruled that underage migrants and refugees have the right to enough food, clean drinking water, accommodation in clean facilities with bathrooms, soap and toothpaste, and adequate sleep. The US Department of Homeland had previously argued, unsuccessfully, that a 1997 law did not require this.

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See also

literature

Web links

Wiktionary: unaccompanied minor refugee  - explanations of meanings, word origins, synonyms, translations

Individual evidence

  1. ↑ EU Agency for Fundamental Rights: "UNACCOMPANIED MINORS IN THE EU" ec.europa.eu, 2010
  2. ↑ a b Basic information on refugee children. (PDF; 262 kB) terre des hommes , archived from the original on February 6, 2015 ; Retrieved June 2, 2013 .
  3. ↑ The German asylum procedure - explained in detail. Responsibilities, procedures, statistics, legal consequences. BAMF, October 2015, accessed on July 21, 2016 . P. 28.
  4. ↑ Directive 2013/33 / EU (PDF)
  5. ↑ Protection of minor migrants Communication from the Commission to the European Parliament and the Council, COM (2017) 211 final, 12 April 2017
  6. ↑ cf. Bernd Parusel: Unaccompanied minor migrants in Germany - Reception, return and integration Federal Office for Migration and Refugees , Working Paper 26, 2009, p. 14 ff.
  7. ↑ Text of the Children's Rights Convention (PDF), published by the Federal Ministry for Family, Seniors, Women and Youth
  8. ↑ Ralph Alexander Lorz: After the withdrawal of the German declaration of reservation: What does the unrestricted realization of the child's best interests under the UN CRC mean in German law? National Coalition for the Implementation of the UN Convention on the Rights of the Child in Germany, 2010
  9. ↑ Ralph Alexander Lorz, Heiko Sauer: Children's rights without reservation. The consequences of the direct applicability of the child's best interests under the UN Convention on the Rights of the Child in the German legal system MenschenRechtsMagazin 2011, pp. 5–16
  10. ↑ Resolution of the Council of June 26, 1997 on unaccompanied minor nationals of third countries OJ. No. C 221 of July 19, 1997 pp. 23-27
  11. ^ Draft of a law to improve the accommodation, care and care of foreign children and young people BT-Drs. 18/5921 of September 7, 2015, p. 17
  12. ↑ Controversy about the SPD draft on residence and asylum procedure law. German Bundestag, April 2013, archived from the original on April 19, 2014 ; Retrieved April 18, 2014 .
  13. ↑ Legislation. Law to Improve the Situation of Minors in Residence and Asylum Procedure Law - ID: 17-43668. German Bundestag, accessed April 18, 2014 .
  14. ↑ Asylum procedure for unaccompanied refugee minors. Federal Association of Unaccompanied Minor Refugees, accessed on November 22, 2018 .
  15. ↑ BGBl. I p. 1802
  16. ↑ cf. Draft law to improve the accommodation, care and care of foreign children and young people BT-Drs. 18/5921 of September 7, 2015
  17. ↑ Federal Law Gazette I p. 2780
  18. ↑ Meeting of the Federal Chancellor with the heads of government of the federal states on February 9, 2017. German Federal Government, accessed on May 20, 2017 .
  19. ↑ Bertold Huber : Unaccompanied Minors Refugees in Migration Law NVwZ –Extra 2016, pp. 1–12
  20. ↑ Anna Huber, Claudia Lechner: The Situation of Unaccompanied Minor Refugees in Germany Website of the Federal Agency for Civic Education , February 24, 2017
  21. ↑ a b OLG Karlsruhe, decision of December 2, 2010, Az. 2 UF 172/10 , openjur
  22. ↑ The parents of a minor refugee are entitled to reunification until the child reaches the age of majority . Press release No. 23/2013, BVerwG 10 C 9.12, April 18, 2013.
  23. ↑ Parent reunification for an unaccompanied minor refugee (Federal Administrative Court, judgment of April 18, 2013 - 10 C 9.12). In: rechtslupe.de. Retrieved April 26, 2014 .
  24. ↑ Facts about parenting at UMF. Federal Association of Unaccompanied Minors, November 24, 2015, accessed on March 12, 2017 .
  25. ^ Order of July 16, 2010 - 244 F 1159/09 VM , District Court Gießen, Family Court
  26. ↑ Deportation of unaccompanied minor refugees. Federal Association of Unaccompanied Minor Refugees, accessed on November 22, 2018 .
  27. ^ Advisory Council of German Foundations for Integration and Migration : Opportunities in the Crisis: On the Future of Refugee Policy in Germany and Europe. Annual report 2017 February 2017, Fig. B.3 Compulsory schooling for children and young people from refugee families in the federal states 2016, p. 127
  28. ↑ cf. for Hamburg Claudia Pittelkow: This is how school works for underage refugees - basic classes and international preparatory classes in Hamburg . Free and Hanseatic City of Hamburg
  29. ↑ German Teachers 'Association: Teachers' associations call for a master plan to integrate adolescent refugees into the school system ( memento from September 19, 2016 in the Internet Archive ). 2011
  30. ^ Report on the situation of unaccompanied foreign minors in Germany , BT-Drs. 19/4517 of September 20, 2018, p. 14, table 2
  31. ↑ BumF: The Situation of Unaccompanied Minors Refugees - Evaluation of the 2017 Online Survey. Federal Association of Unaccompanied Minors Refugees, accessed on November 20, 2018 .
  32. ↑ Refugees: Many allegedly minors are over 18 years of age. Frankfurter Allgemeine Zeitung, accessed on December 29, 2017 .
  33. ↑ WELT: Study by forensic doctors: 40 percent of the refugees examined gave the wrong age . September 17, 2019 ( welt.de [accessed September 18, 2019]).
  34. ↑ a b c Central Ethics Committee: “Medical Age Estimation for Unaccompanied Young Refugees” ( Memento from January 7, 2018 in the Internet Archive ) (PDF), Deutsches Ärzteblatt, September 30, 2016.
  35. ↑ Age determination in Germany and in European comparison - by Dr. Eva Britting-Reimer - BAMF publication , Jugendhilfe 53 , 2/2015
  36. ^ A b c Philip Kuhn: The chaos in determining the age of refugees. In: Die Welt , January 4, 2018.
  37. ↑ Haufe, determination of the age of unaccompanied minors
  38. ↑ a b c d e f Vanessa Vu : “The investigation procedures are not complex” In: Die Zeit , January 3, 2018.
  39. ↑ Die Welt, The Chaos in the Age of Refugees , January 4, 2018
  40. ↑ Marcel Leubecher: What the study on violence by immigrants says , In: Die Welt , January 3, 2018.
  41. ^ Rainer Woratschka: Medical Association rejects general age tests for asylum seekers In: Der Tagesspiegel , January 2, 2018.
  42. ↑ a b Norbert Lossau: This is how great the radiation exposure is when x-raying the hand , Welt Online, January 2, 2018.
  43. ^ A b c Kristiana Ludwig: German Medical Association rejects systematic age tests for asylum seekers. In: sueddeutsche.de . January 2, 2018, accessed January 9, 2018 .
  44. ↑ "Paediatricians reject age tests for young refugees" Welt.de from January 4, 2018.
  45. ↑ Scientific service of the Bundestag, On the possibility of age determination through DNA analysis, AZ WD 9 - 3000 - 006/18 , February 15, 2018, pp. 5–7
  46. ^ A b Badische Zeitung: Youth Welfare Office has determined the age of Hussein K. by means of a questionnaire - now he is being x-rayed. In: badische-zeitung.de. Retrieved January 12, 2018 .
  47. ↑ Sebastian Eder: Dispute over the age test for refugees. In: FAZ.net . January 2, 2018, accessed January 10, 2018 .
  48. ↑ Deutsches Ärzteblatt, Forensic Age Diagnosis, Methods, Reliability of Statements, Legal Issues , 2016, 113 (4), pp. 44–50
  49. ↑ Landtag BW, printed matter 16/3236 , statement by the Ministry of the Interior and Integration, March 6, 2018, accessed March 26, 2017
  50. ↑ State Parliament of Baden-Württemberg, printed matter 16/3236, January 4, 2018, age assessment for unaccompanied minor foreigners (UMA) , p. 3. (PDF; 237 kB)
  51. ↑ Schmeling et al. a .: Forensic age diagnostics . In: Ärzteblatt . January 29, 2016, p. 45.
  52. ^ Lydia Rosenfelder: Children with Beards , FAZ from January 7, 2018.
  53. ↑ A. Schmeling, K. Püschel, Forensische Altersdiagnostik IV, Age Estimates and their Scientific Context , published online: January 17, 2015, Springer-Verlag Berlin Heidelberg 2015, doi: 10.1007 / s00194-015-1026-1
  54. ↑ Hailbronner, Ausländerrecht, status 62nd delivery, February 2009, § 49 AufenthG, Rn 33.
  55. ↑ Pfeiffer, Code of Criminal Procedure, 5th edition 2005, § 81a Rn 5.
  56. ^ Lydia Rosenfelder: Children with Beards , FAZ from January 7, 2018.
  57. ↑ Norbert Lossau: This is how great the radiation exposure is when X-raying the hand. In: welt.de , January 2, 2018.
  58. ↑ Age assessment. Federal Association of Unaccompanied Minor Refugees, accessed on November 22, 2018 .
  59. ↑ Kleinknecht / Meyer-Goßner: Code of Criminal Procedure . 45th edition, 2001, § 81a StPO Rn. 20th
  60. ↑ Working group for forensic age diagnostics, updated recommendations of the working group for forensic age diagnostics for age estimates of the living in criminal proceedings . In: Forensic Medicine 2008.
  61. ↑ Opinion: Is there a need for new regulation regarding the (official) age assessment of young refugees? . March 13, 2018, IPPNW.
  62. ↑ § 2 para. 1 no. 17 NAG : "Unaccompanied minor: a minor foreigner who is not accompanied by an adult who is legally responsible for him"
  63. ↑ Rättsmedicinalverket (Swedish National Council for Legal Medicine), De första medicinska åldersbedömningarna klara
  64. ↑ Doctors speak out against asylum seeker age tests . Radio Sweden January 15, 2018, accessed November 27, 2018.
  65. ↑ Study: unaccompanied minors "misclassified" as over 18 by medical age tests . Radio Sweden September 20, 2018, accessed November 27, 2018.
  66. ↑ Petter Mostad, Fredrik Tamsen: Error rates for unvalidated medical age assessment procedures . International Journal for Legal Medicine 10.2018, accessed November 27, 2018.
  67. ↑ G. Holton et al. G. Sonnert: What Happened to the Children Who Fled Nazi Persecution . Palgrave 2006, ISBN 978-0-230-60907-5 , p. 57.
  68. ↑ Alexandra Ludewig: The Last of the Kindertransports. Britain to Australia, 1940 . In: The Kindertransport to Britain 1938/39: New Perspectives . Ed .: Hammel and Lewkowicz, Rodop 2012, ISBN 978-90-420-3615-4 , p. 81.
  69. ↑ Birgit Sauer, Barbara Gornik, Jyothi Kanics, Margrite Kalverboer, Tjasa Zakelj, Corentin Bailleul, Marie-Benedicte Dembour: Unaccompanied Children in European Migration and Asylum Practices: In Whose Best Interests? , Routledge Research in Asylum, Migration and Refugee Law, 2017, ISBN 978-1-138-19256-0 , pp. 160 ff.
  70. ↑ a b Deportation data won't dispel rumors drawing migrant minors to US Los Angeles Times, July 6, 2014, accessed on July 11, 2014 .
  71. ↑ a b c Immigration reform in a coma. taz, July 8, 2014, accessed July 11, 2014 .
  72. ↑ US Senate passes immigration reform. Zeit online, June 28, 2013, accessed July 11, 2014 .
  73. ↑ a b Obama on illegal immigration: "Your children may end up in the sex trade". Spiegel online, June 27, 2014, accessed on July 11, 2014 .
  74. ↑ According to Obama, Congress could end the dispute over the wave of child refugees. Neue Zürcher Zeitung (online), July 11, 2014, accessed on July 11, 2014 .
  75. ↑ Child migration: Texas sends 1000 national guards to the Mexican border. Spiegel online, July 22, 2014, accessed July 22, 2014 .
  76. ↑ Child Migration to the USA: Dilemma in the Transit Country. NZZ, June 12, 2015, accessed June 14, 2015 .
  77. ↑ Miriam Jordan: Detained Immigrant Children Are Entitled to Hearings, Court Rules. In: New York Times. July 5, 2017, accessed on June 16, 2018 (English): “A three-judge panel of the United States Court of Appeals for the Ninth Circuit, in San Francisco, ruled that immigration authorities must abide by a 1997 legal settlement that established a policy for the detention, release and treatment of minors in immigration custody. "
  78. ^ Philip Bump: Why the Trump administration bears the blame for separating children from their families at the border. In: Washington Post. June 15, 2016, accessed June 16, 2016 .
  79. ↑ Following an objection from the Trump administration: Judges award soap and clean beds to children in US camps. In: Spiegel online. August 16, 2019, accessed August 26, 2019 .