ETD

Archivio digitale delle tesi discusse presso l'Università di Pisa

Tesi etd-12162017-160646


Tipo di tesi
Tesi di laurea magistrale
Autore
GAKIS, CLIO'
URN
etd-12162017-160646
Titolo
Unaccompanied migrant children under international and EU law: the slow emersion of a dedicated legal framework
Dipartimento
SCIENZE POLITICHE
Corso di studi
STUDI INTERNAZIONALI
Relatori
relatore Prof. Di Filippo, Marcello
Parole chiave
  • Unaccompanied migrant children
  • children’s rights
  • International Convention on the Rights of the Chil
  • four principles
  • European Directives
  • European Convention on Human Rights
Data inizio appello
29/01/2018
Consultabilità
Completa
Riassunto
The lack of a coherent European legislative framework, coupled with the principle of state sovereignty, induced unaccompanied migrant children to find themselves in a position which produced a situation of rightlessness, when outside of their own territories. In addition to their harsh condition, Member States national law not always provides rules for their safeguard, also often not harmonized with EU Directives. In some cases, to worsen the situation the lack of adequate policies in respect of their rights, their needs and their claims.
This thesis provides an analysis of the international and European discipline, of unaccompanied minor migrants entering Europe. Juveniles, who find themselves in a hope journey without family members or guardianship, are in a very vulnerable position. In consequence of the migration crisis, especially in 2015, a massive flux of UAMs entered the European Union, so its Member States found themselves unprepared to cope with the needs of this specific category. In this thesis it is brought to light the fact that, international conventions alongside with EU legislative scheme provide a fragmented scheme for protection of separated children. Legally binding documents, as relevant International Conventions, European Treaties, Regulations and Directives are analysed, as also Conventions of the Council of Europe in concern to unaccompanied minors asylum seekers. In the paper are outlined and criticized bad practises of States on treatment and neglecting the needs of unaccompanied minor migrants, on breach of the rights of unaccompanied asylum seekers and on marginalizing unaccompanied refugee minors.
In this research, have been pointed some good practises, for ameliorating their condition through the study between some European countries. The commitment showed by European Union through the European Action Plan as also by the EU to fulfil the obligations in respect of the rights of UAMs is demonstrated by the interest in revising, amending and fortifying several legally binding documents towards a more comprehensive children based approach.
In compliance with this, in confirming expectations and welcoming the challenge for an international an enforced scheme of legal protection on UAMs, highlighted the recent effort of soft law by the CRC Committee and the Committee on Migrants Workers with Joint Comments. It is noteworthy that, the International Community and the European Union are meeting the need for a slow emersion on a dedicated legal framework on unaccompanied minor migrants.
In conclusion, deemed that the issue of UAMs is still evolving, by figuring out the actual situation, till the end of 2017, we hope for future better assessments on the rights of the children and their indeed protection by law and by practise.
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