The Legal Situation of the Child in the European Union at the Stage of Qualification, Reception, and Procedure during the Granting of International Protection - Acta Universitatis Sapientiae

Acta Univ. Sapientiae, Legal Studies, 13, 1 (2024) 101–125

DOI: 10.47745/AUSLEG.2024.13.1.06

Abstract. Foreigners seeking international protection in the European Union constitute a broad group encompassing a diverse range of individuals with varied reasons for migrating. Their objective is not solely the pursuit but rather the attainment and reception of international protection within the European Union. Individual characteristics serve as the primary and fundamental distinguishing factor behind the reasons for migration, enabling the categorisation of foreigners seeking international protection within the European Union. The categories include persons with disabilities, older adults, pregnant women, single parents raising minor children, victims of human trafficking, individuals suffering from serious illnesses, those with mental disorders, torture survivors, rape survivors, and people who have endured other serious forms of psychological, physical, or sexual violence. Although mere examples, these categories have significant legal importance, as EU legal norms consider specific factual circumstances. EU law adjusts legal status during the stages of reception, qualification, and procedure to the factual situation justified by legally defined individual characteristics of the foreigner. However, the law does not explicitly mention the aforementioned categories of foreigners seeking international protection, which are prioritised and treated with exceptional attention to detail and legal significance in legal norms and literature. These categories include children and unaccompanied children. This study analyses the legal situation of children and unaccompanied children at each legally defined stage of seeking and granting international protection in the European Union, namely, reception, qualification, and procedure. In each stage, the legal situation of children and unaccompanied children differs from the classical or standard legal situation of foreigners belonging to other specially treated categories of foreigners or foreigners who do not belong to such categories. This study analyses this difference and the legal foundations taking into account the special situation of children and unaccompanied children. Based on the findings, we offer observations and recommendations.

Keywords: children, asylum, refugee, subsidiary protection, international protection, European Union