5. Literature Review
During the process of literature review, the following themes were identified, analyzed, and reported: migration as a global phenomenon, unaccompanied and separated minors, vulnerability of unaccompanied and separated migrant minors, responses to address vulnerability of unaccompanied and separated minors, discussion and conclusion.
5.1. Migration: A Global Phenomenon
Migration refers to persons who move from place to place
. It is also another form of territorial mobility of the population for various reasons regardless of purpose, period, or regularity from one locality to another
. Mobility as a fundamental human condition has been behind population migration for most of history
[10] | Hofman, M. et al. (2020). International Migration: Drivers, Factors and Megatrends. A Geographical Outlook. International Center for Migration Policy Development. |
[10]
. The end of the 20
th century and the beginning of the 21
st century saw the intensification of migration due to various factors, such as globalization and the evolution of the means of transport and communication
[11] | Held, D. et al. (2000). Global Transformation: Policies, Economics and Culture: Politics at the Edge. Palgrave Macmillan: London, UK, (pp 14-28). |
[11]
. The past 50 years have also been characterized by a significant increase in the number of migrants among the world population, from 81.5 million in 1970 to 272 million in 2019
.
Regardless of the point of origin or the subsequent destination, migrants eventually belong to one of the four major immigration streams, which include labor migration, which can be permanent, temporary, or circular
[11] | Held, D. et al. (2000). Global Transformation: Policies, Economics and Culture: Politics at the Edge. Palgrave Macmillan: London, UK, (pp 14-28). |
[11]
. Other migration streams are secondary migration, characterized by family reunification, and humanitarian or forced migration, which features asylum seekers and refugees
[11] | Held, D. et al. (2000). Global Transformation: Policies, Economics and Culture: Politics at the Edge. Palgrave Macmillan: London, UK, (pp 14-28). |
[11]
. Irregular migration is demonstrated through the illegal entry, stay, and employment of persons within the destination country
[11] | Held, D. et al. (2000). Global Transformation: Policies, Economics and Culture: Politics at the Edge. Palgrave Macmillan: London, UK, (pp 14-28). |
[11]
. Children have always constituted migration flows even though there has been limited availability of data on children in migration
[13] | International Labor Organization (ILO). 1977. International Labor Organization Convention 182 on the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labor. ILO. Geneva, Switzerland. |
[13]
. Maioli et al.
assert that there is a notable increase in the number of unaccompanied and separated children as a group of immigrants. Unaccompanied and separated migrant children, in many instances, fall into forced and irregular migration streams. They are likely to become asylum seekers and refugees and may use irregular means to enter the country of destination and, in many instances, do not have documentation.
5.2. Unaccompanied and Separated Minors
Unaccompanied minors are defined as any persons under 18 years who are separated from both parents and are not being cared for by any adults who, by law or custom, have a responsibility to do so
[15] | Committee on the Rights of the Child. 2005. General Comment No6. Treatment of Unaccompanied and Separated Children Outside Their Country-of-Origin CRC/GC/2005/6. |
[15]
. Separated minors are those children who have been isolated from both parents or their legal or customary caregivers but may be under the care of other relatives in the form of adult family members
[16] | United Nations High Commission for Refugees (UNHCR). 2011. Handbook and guidelines on procedures and criteria for determining refugee status under the 1951 Convention and the 1967 Protocol Related to the Status of Refugees. |
[16]
. They might have moved from their countries of origin voluntarily or involuntarily for various reasons
[17] | Achilli, L. et al. (2017). Protection challenges for unaccompanied and separated children in Jordan, Lebanon, and Greece: Migration Policy Centre. |
[17]
. The separation of children from parents and caregivers may be due to a child having suffered violence, the disappearance of parents or caregivers on whom the children may have dependent, or persecution of their parents
[1] | Granados, S. A. R. (2019). Difficulties in identifying unaccompanied refugee children in mixed migration flows: The case of Mexico and Central America. |
[1]
. Sometimes, children get separated from their parents because of discriminatory custody laws or detention of parents
[1] | Granados, S. A. R. (2019). Difficulties in identifying unaccompanied refugee children in mixed migration flows: The case of Mexico and Central America. |
[1].
Many countries consider irregular entry as a criminal offense, and unaccompanied and separated migrant children are often dealt with in the same manner as undocumented adults
[18] | United Nations Children’s Fund (UNICEF). (2020a). Invisible visible: The identification of unaccompanied and separated girls in Bulgaria, Greece, Italy and Serbia. |
[18]
. However, unaccompanied and separated migrant children are supposed to be dealt with differently from adults due to their level of emotional and social status, which makes them more vulnerable to protection risks and child rights violations
[19] | Cossor, E. (2016). Young and youth on the move: Children and youth in mixed migration flows within and from the Horn of Africa. Regional Mixed Migration Secretariat. Save the Children. |
[19]
. It is for that reason that the human rights principles guarantee human rights for all children, and in the context of migration, unaccompanied and separated minors should be treated as children first. Unaccompanied and separated migrant children have specific needs and rights regarding care, education, and special consideration that other children are entitled to, whether documented or undocumented
[2] | Schreier, T. (2011). Critical Challenges to Protecting Unaccompanied and Separated Foreign Children in the Western Cape: Canada's Journal on Refugees, 28(2): 61-76. |
[2]
. Some of the unaccompanied and separated migrant children have special needs and, when they arrive in the host country, require specialized professional services due to teenage pregnancy, severe psychological trauma, depression, and other psychosocial needs [1]. Therefore, because of their inherent specific needs and rights, unaccompanied and separated minors must be afforded specific and specialized professional care.
5.3. Vulnerability of Unaccompanied and Separated Migrant Minors
These children become vulnerable because of the challenges they face due to their status of being unaccompanied and separated from their parents and customary and legal caregivers. Unaccompanied and separated migrant children become vulnerable because of the lack of care and protection during the process of migration and settlement in the country of destination. Unaccompanied and separated migrant minors are at risk due to the sensitive physical, mental, and psychological development stages of childhood and adolescence that enhance the risk of being prone to diseases and trauma, exacerbated by isolation from a protective family unit [20]. This subsection examines the challenges faced by unaccompanied and separated migrant children between their home in the country of origin and the intended point of destination.
5.3.1. Unaccompanied and Separated Minors During the Migration Journey
A safe journey is far from what many unaccompanied and separated migrants will find themselves subjected to during transit to the envisaged country of destination
[18] | United Nations Children’s Fund (UNICEF). (2020a). Invisible visible: The identification of unaccompanied and separated girls in Bulgaria, Greece, Italy and Serbia. |
[18]
. The unaccompanied and separated minors often flee their countries of origin through irregular means under dangerous conditions and may undertake the journeys without legal documentation and may subject themselves to human smuggling and trafficking, thereby becoming victims of abuse and exploitation
[1] | Granados, S. A. R. (2019). Difficulties in identifying unaccompanied refugee children in mixed migration flows: The case of Mexico and Central America. |
[4] | European Parliament. 2021. Vulnerability of unaccompanied and separated child migrants. |
[1, 4]
. One of the reasons for these minors becoming vulnerable to human trafficking is the inability to have contact with the families left behind or with the authorities of the transit country or country of destination
[1] | Granados, S. A. R. (2019). Difficulties in identifying unaccompanied refugee children in mixed migration flows: The case of Mexico and Central America. |
[1]
. Other factors that make them prone to human trafficking are specific profiles of the minor children, such as ethnicity, gender, age, social subsets, economic situation, lack of education opportunities, etc.
[1] | Granados, S. A. R. (2019). Difficulties in identifying unaccompanied refugee children in mixed migration flows: The case of Mexico and Central America. |
[1]
.
During the journey, these children are also vulnerable to robbery, extortion, kidnapping, and physical and sexual violence
[4] | European Parliament. 2021. Vulnerability of unaccompanied and separated child migrants. |
[21] | Menjivar, C. & Perreira, K. M. 2019. Undocumented and unaccompanied: Children of migration in the European Union and the United States. Journal of Ethnic and Migration Studies, 45(2): 197-219 https://doi.org/10.1080/1369183X2017.1404255 |
[22] | Parish, A. (2017). Gender-based violence against women: both cause for migration and risk along the journey. Migration Policy Institute. Assessed on 20 January 2024 https://www.migrationpolicy.org/print/15984 |
[4, 21, 22]
. Unaccompanied and separated migrant minors may be extorted for smuggling fees and then coerced to work to pay off debts in transit countries and may be abused or exploited
[23] | United Nations Office on Drugs and Crime (UNODC). (2018). Global Report on Trafficking in Persons, Vienna. |
[23]
. During transit, trafficking often occurs to pursue sexual exploitation, although unaccompanied and separated minors may also be forced to work in sectors such as agriculture, mining, manufacturing, or begging
[24] | International Labour Office, United nations Children’s Fund & United Nations Global Initiative to Fight Human Trafficking (ILO, UNICEF & UNGIFT). 2009. Training manual to fight trafficking in children for labour, sexual and other forms of exploitation: Understanding child trafficking. |
[24]
. The situation of forced labor may also be imposed on unaccompanied and separated minors for months or years in exploitative conditions during transit as part of debt bondage for the payment of smuggling-related debts
[25] | Schloenhardt, A. & Lelliott, J. 2018. Migrant Children and the United Nations Protocols against Smuggling of Migrants and Trafficking in Persons. In Crock, M. & Benson, L. (eds). Protecting Migrant Children: In Search of Best Practice. Elgar. |
[25]
.
Another state of vulnerability in which unaccompanied and separated migrant minors often find themselves is the absence of state authorities from the country of origin or any other adult providing support (
[1] | Granados, S. A. R. (2019). Difficulties in identifying unaccompanied refugee children in mixed migration flows: The case of Mexico and Central America. |
[1]
. Consequently, their vulnerability worsens as they face obstacles against the complete and adequate protection of their human and child rights
[1] | Granados, S. A. R. (2019). Difficulties in identifying unaccompanied refugee children in mixed migration flows: The case of Mexico and Central America. |
[1]
. Unaccompanied and separated migrant minors often experience trauma caused sometimes by witnessing the death of a family member or friend or any acts of violence inflicted on them or others and any other traumatic events that they were subjected to when fleeing their countries of origin
. Although it may become difficult to detect trauma among children, it may manifest itself through symptoms such as anxiety, mood disorders, depression, sleep disturbances, post-traumatic stress disorder, and interpersonal difficulties. These traumatic experiences can profoundly affect the mental health of these children with a direct impact on children's well-being and development
[27] | Druny, J. Williams, R. (2012). Children and young people who are refugees, internally displaced persons or survivors of perpetrators of war, mass violence and terrorism. Current Opinion in Psychiatry, 25(4): 277-284. https://doi.org/10.1097/ycoob013e32835eee6 |
[27]
.
During transit, children may also experience inhumane and harmful detentions with lasting emotional and behavioral consequences during detention and after detention, regardless of the period of detention
[28] | Skudoor, J. 2015. Trauma and children: A refugee perspective. Children Australia, 40: 188-194 |
[29] | Kronick, R. et al. (2017). Refugee children’s sandplay narratives in immigration detention in Canada. European Child & Adolescent Psychiatry, 27(43): 423-437. https://doi.org/10.0007/s00787-017-1012-0 |
[28, 29]
. Acute and chronic levels of stress have a devastating effect on the development of the brains of children
[30] | Shonkoff, J. P. (2012). Leveraging the biology of adversity to address the roots of disparities in health and development. Proceedings of the National Academy of Sciences of the United States of America, 109(2): 17302-17307. https://doi.org/110:1073/pnas.1121259109 |
[30]
, and unaccompanied and separated migrant minors do not feel safe reporting their state of distress due to lack of support and fear that their safety and protection may be further compromised
[31] | Williams, T. et al. (2018). "It isn't that we're prostitutes” Child protection and sexual exploitation of adolescent girls within and beyond refugee camps in Rwanda. |
[31]
.
5.3.2. Unaccompanied and Separated Minors in the Country of Destination
In many countries, unaccompanied and separated migrant minors, upon arrival in the country of destination, are routinely denied entry or are detained by immigration officials
[4] | European Parliament. 2021. Vulnerability of unaccompanied and separated child migrants. |
[4]
. In other situations, especially for those seeking asylum, they are admitted but denied access to asylum procedures or their asylum procedures, or in some instances, their asylum claims are not handled in an age and gender-sensitive manner as some of the unaccompanied and separated girl minors are at risk of sexually gender-based violence
[4] | European Parliament. 2021. Vulnerability of unaccompanied and separated child migrants. |
[4]
. In some situations, unaccompanied and separated migrant children do not have access to proper and appropriate identification, registration, age assessment, family tracing, guardianship systems, and legal advice
[4] | European Parliament. 2021. Vulnerability of unaccompanied and separated child migrants. |
[4]
.
In countries of destination, there is often a tension between border law enforcement and a rights-based approach when assessing the health needs of minors due to the criminalization of irregular immigration
[21] | Menjivar, C. & Perreira, K. M. 2019. Undocumented and unaccompanied: Children of migration in the European Union and the United States. Journal of Ethnic and Migration Studies, 45(2): 197-219 https://doi.org/10.1080/1369183X2017.1404255 |
[21]
. There are also reports of physical, verbal, and sexual abuse from border enforcement officials
[32] | Thompson, R. 2019. Child Maltreatment and Risky Sexual Behaviour: Indirect Effects Through Trauma Symptoms and Substance Abuse. Child Maltreatment, 22(1): 69-78 https://doi.org/101177/1077559516674595 |
[32]
and detention conditions that explicitly violate human rights
[21] | Menjivar, C. & Perreira, K. M. 2019. Undocumented and unaccompanied: Children of migration in the European Union and the United States. Journal of Ethnic and Migration Studies, 45(2): 197-219 https://doi.org/10.1080/1369183X2017.1404255 |
[21]
. Upon arrival in the host country, many unaccompanied and separated migrant children often get subjected to prolonged detention, which is associated with adverse mental and physical outcomes
[22] | Parish, A. (2017). Gender-based violence against women: both cause for migration and risk along the journey. Migration Policy Institute. Assessed on 20 January 2024 https://www.migrationpolicy.org/print/15984 |
[33] | Zwi, K. et al. (2018). The impact of detention on the social-emotional well-being of children seeking asylum: a comparison with community-based children. European Child & Adolescent Psychiatry, 27(4): 411-422 https://doi.org/10.1007/500787-017-1082-z |
[22, 33]
. The justification for these prolonged detentions is the alleged unavailability of child welfare spaces, "flight risks," and age determination disputes, which are often coupled with sleep deprivation, inadequate food or water, and denied medical care
[34] | Antony, M. G. & Thomas, R. J. (2017). "Stop sending your kids across our border." Discursively constructing the unaccompanied youth migrant. Journal of International and Intercultural Communication, 10(1): 4-24. https://doi.org/10.1080/1751/3057.2021.1214282 |
[34]
. They may also face linguistic barriers, discrimination, economic deprivation, violence perpetuated in the community, and uncertainty regarding the fate of their immigration status
[21] | Menjivar, C. & Perreira, K. M. 2019. Undocumented and unaccompanied: Children of migration in the European Union and the United States. Journal of Ethnic and Migration Studies, 45(2): 197-219 https://doi.org/10.1080/1369183X2017.1404255 |
[21]
. The interviews conducted by asylum officials can be frightening for unaccompanied and separated minors, and for them to be recognized as minors depends on the confirmation of their age
[35] | Lelliott, J. (2017). Smuggled and Trafficked Unaccompanied Minors: Towards a Coherent, Protection-Based Approach in International Law. International Journal of Refugee Law, 29(2): 238-269. https://doi.10.1093/ijrl/eex024 |
[35]
. Furthermore, unaccompanied and separated migrant minors may decide not to disclose their age as they would want to proceed with the journey unhindered as agreed or due to threats from the smuggling arrangements or trafficking circumstances or for the sole purpose of hiding their vulnerability
. The long waiting periods for obtaining immigration status and the expiry of unaccompanied and separated migrant minors’ rights as children, when they turn eighteen years, may leave unaccompanied and separated minors undocumented or in a state of uncertainty and disempowerment
[37] | Meloni, F. (2019). The Ambivalence of Belonging: The Impact of Illegality on the Social Belonging of Undocumented Youth. Anthropological Quarterly, 92(2): 451-479. https://doi.10.7312/furm17180-017 |
[37]
.
5.4. Risk Factors Related to Healthcare, Education, Social Welfare Services, and Gender
There are risk factors in relation to health, education, and welfare services that many unaccompanied and separated minors often face during transit and in the countries of destination. Getting access to healthcare, education, and welfare, and sensitivity towards gender is essential for children's developmental needs. Failure to provide access to health, education, and social welfare to unaccompanied and separated migrant children may have adverse consequences for their physical and mental health, cognitive capacity, and psychosocial well-being during childhood and adulthood. Failure to consider factors intrinsic to the gender status of the minors may cause more harm, particularly to female minors. In this section, risk factors about health, education, social welfare, and gender concerning unaccompanied and separated migrant minors are examined.
5.4.1. Healthcare
Even though unaccompanied and separated migrant children are entitled to the same rights of access to healthcare as national children in the country of origin
, there are no interventions to address the health needs of migrant refugees and unaccompanied and separated minors
[39] | World Health Organization (WHO). (2018). Report on the health of refugees and migrants in the WHO European Region: No public health without refugees and migrant health. |
[39]
. As mentioned above, unaccompanied and separated minors often experience a wide range of traumatic events that result in mental health conditions. According to Beier and Fredricks (2023), most unaccompanied and separated migrant minors are physically healthy but require only routine preventative healthcare management appropriate for all children of their age and any sporadic acute care that may be needed for common childhood illness or injury. Be that as it may be, a small percentage of children require more specialized healthcare, either for the already known conditions or conditions that have been diagnosed in the country of destination
[40] | Beier, J. et al. 2022. Four Strategies to Improve Community Services for Unaccompanied Children in the United States. Migration Policy Institute. |
[40]
.
Some of the unaccompanied and separated migrant children come from countries with limited infrastructure that could only implement vaccination programs [3] and might not have received the standardized newborn screening regular checkups, which may lead to a greater likelihood of unidentified asymptomatic conditions that may only be diagnosed in the host country
[40] | Beier, J. et al. 2022. Four Strategies to Improve Community Services for Unaccompanied Children in the United States. Migration Policy Institute. |
[40]
. They may also experience delays in receiving treatment for chronic diseases or severe conditions, which may further deteriorate their health and well-being
[40] | Beier, J. et al. 2022. Four Strategies to Improve Community Services for Unaccompanied Children in the United States. Migration Policy Institute. |
[40]
. Unaccompanied and separated migrant minors who do not receive timely and appropriate health care may not be able to participate fully in school learning and society
[40] | Beier, J. et al. 2022. Four Strategies to Improve Community Services for Unaccompanied Children in the United States. Migration Policy Institute. |
[40]
.
5.4.2. Education
All children are guaranteed a human right of access to education
[41] | Koehler, C. & Schneider, J. 2019. Young refugees in education: the particular challenges of school systems in Europe. Comparative Migration Studies, 7(28): 1-20 https://doi.org/10.1186/840878-019-0129-3 |
[41]
. Therefore, unaccompanied and separated migrant children are entitled to have access to education during transit and particularly upon arrival in the country of destination. Adequate education is core for socioeconomic success and dealing with adverse hardships in societies. Unaccompanied and separated minors have specific social needs and emotional needs that quality education can help overcome
[42] | Fazel, M. et al. (2012). Mental health of displaced and refugee children resettled in high-income countries: Risk and protective factors. Lancent, 379(9812): 266-282. https://10.1016S0140-6736(11)60051-2 |
[42]
. Good quality education facilitates social inclusion, economic growth, and innovation
[41] | Koehler, C. & Schneider, J. 2019. Young refugees in education: the particular challenges of school systems in Europe. Comparative Migration Studies, 7(28): 1-20 https://doi.org/10.1186/840878-019-0129-3 |
[41]
, and it is a social investment for unaccompanied and separated migrant children in the long term
.
Access is a prerequisite for any successful educational journey, and in some situations, access to education is limited to unaccompanied and separated migrant children. According to
[41] | Koehler, C. & Schneider, J. 2019. Young refugees in education: the particular challenges of school systems in Europe. Comparative Migration Studies, 7(28): 1-20 https://doi.org/10.1186/840878-019-0129-3 |
[41]
, there is a difference between obligation and the right to education. Although the right to education may sound more positive, it does not translate into being easily implemented by authorities until families and pupils claim that right
[41] | Koehler, C. & Schneider, J. 2019. Young refugees in education: the particular challenges of school systems in Europe. Comparative Migration Studies, 7(28): 1-20 https://doi.org/10.1186/840878-019-0129-3 |
[41]
. Despite the obligation to ensure that unaccompanied and separated migrant children access quality education
[41] | Koehler, C. & Schneider, J. 2019. Young refugees in education: the particular challenges of school systems in Europe. Comparative Migration Studies, 7(28): 1-20 https://doi.org/10.1186/840878-019-0129-3 |
[41]
, in schools where there is no existence of obligatory school attendance, the right to access education is denied
. Another challenge faced by unaccompanied and separated migrant children in accessing education is the barrier of age limit concerning the transition from primary to secondary education and the prescribed age for remaining in school, which does not consider the probably missed years of education due to war or flight from conflict
[41] | Koehler, C. & Schneider, J. 2019. Young refugees in education: the particular challenges of school systems in Europe. Comparative Migration Studies, 7(28): 1-20 https://doi.org/10.1186/840878-019-0129-3 |
[41]
.
Another factor that limits unaccompanied and separated migrant children from accessing quality education is limited education and education gaps
[45] | Gamez-Luma, A. & Romo, H. 2019. Unaccompanied Minors: Marginalized in the Education System. Journal of Undergraduate Research & Scholarly Work. |
[45]
. When children arrive in the host country, they have limited literacy in the language of instruction
[45] | Gamez-Luma, A. & Romo, H. 2019. Unaccompanied Minors: Marginalized in the Education System. Journal of Undergraduate Research & Scholarly Work. |
[45]
, and schools are not designed to meet gaps in education and deal with learners with limited academic capabilities
[46] | Crea, T. M. et al. (2016). Unaccompanied migrant children in the United States: Predictions of placement stability in long-term foster care. Children and Youth Services Review, 73(C): 93-99 https://doi.org/10.1016/j.chilyouth.2016.12.009 |
[46]
. Attending a school in the host country might encounter barriers such as unwelcoming and hostile school environments, school norms, and preferences by teachers that discriminate against them and the surrounding hostile local, social, and political environment
[47] | Cordoso, J. B. (2018). Running to stand still. Trauma symptoms, coping strategies, and substance abuse behaviors in unaccompanied migrant youth. Children and Youth Services Review, 92, 143-152. https://doi.org/10.1016/j.childyouth.2018.04.018 |
[47]
. Unaccompanied and separated migrant children also experience marginalization and stigmatization in the schools where they attend
[46] | Crea, T. M. et al. (2016). Unaccompanied migrant children in the United States: Predictions of placement stability in long-term foster care. Children and Youth Services Review, 73(C): 93-99 https://doi.org/10.1016/j.chilyouth.2016.12.009 |
[46]
. Other forms of discrimination that act as a deterrent to educational success for unaccompanied and separated migrant children are low levels of teacher support, insensitivity to cultural differences, the lack of understanding of diverse cultures, and negative comments from school staff and other learners
[47] | Cordoso, J. B. (2018). Running to stand still. Trauma symptoms, coping strategies, and substance abuse behaviors in unaccompanied migrant youth. Children and Youth Services Review, 92, 143-152. https://doi.org/10.1016/j.childyouth.2018.04.018 |
[41] | Koehler, C. & Schneider, J. 2019. Young refugees in education: the particular challenges of school systems in Europe. Comparative Migration Studies, 7(28): 1-20 https://doi.org/10.1186/840878-019-0129-3 |
[47, 41]
. Furthermore, administrative and legal restrictions for unaccompanied and separated migrant children also act as barriers to access education due to undeclared status
[48] | Koehler, C. 2018. Multicountry partnership to enhance the education of refugee and asylum-seeking youth in Europe -PERAE (Comparative Report) SIRIUS Policy Network on Migrant Education, Brussels. Retrieved from https://www.researchgate.net/publication/326113676 |
[48]
.
5.4.3. Social Welfare Services
The provision of psychosocial support to unaccompanied and separated migrant children is critical for their well-being, considering the traumatic experiences suffered from the country of origin, during traveling, and in the country of destination. The provision of social welfare services for unaccompanied and separated migrant children by some countries becomes a challenge due to the greater complexity of social needs relating to formal status, health education, and social inclusion that requires significant coordination among service providers
[49] | Elikaksoy, A. & Wadensjo, E. 2017. ‘Refugee Youth in Sweden. Who arrived as Unaccompanied Minors and Separated Children. Nordic Journal of Refugees Studies, 9(2): 179-200. https://doi.org/10.2478/njmr-2019-0020 |
[49]
. Therefore, countries that provide social welfare services by international law must provide differentiated welfare structures for unaccompanied and separated migrant children
[50] | Aflaki, I. N. & Freise, M. (2019). Challenging the Welfare System and Forcing Policy Innovation? Unaccompanied Asylum-seeking Children in Sweden and Germany. Journal of Refugee Studies, 34(1): 264-284. https://doi/10.1093/jrs/fez036 |
[50]
. In the coordination of unaccompanied and separated migrant children, the clarity regarding the roles of different service providers is pivotal so that gaps that could be created by role duplication are avoided and any possible harm is minimized
[51] | Ambrose-Miller, W. & Ashcroft, R. (2016). Challenges faced by social workers as members of the inter-professional collaborative health care team. Health and Social Work, 41(2): 101-109. https://doi.org/10.1093/hsw/hlw006 |
[51]
.
Notwithstanding other role players, social workers play a critical role in the case management of unaccompanied and separated migrant minors. Case management of cases for unaccompanied and separated migrants within the child protection system is a necessary process, and how it is done is a challenge to most social workers
[52] | Asha, A. & Nkwana, M. (2021). Complexities in the Case Management of Unaccompanied Minors: Perceptions of Social Workers Practicing in the Polokwane Child and Youth Care Centre. AHMR African Human Mobility Review, 7(2): 6-19. |
[52]
. The challenges besetting case management within child protection are the lack of legal documentation, delays in processing documents, and the lack of adequate knowledge by social workers and magistrates or judges about the legal framework and procedures that are followed when processing cases involving unaccompanied and separated migrant children
[2] | Schreier, T. (2011). Critical Challenges to Protecting Unaccompanied and Separated Foreign Children in the Western Cape: Canada's Journal on Refugees, 28(2): 61-76. |
[2]
.
5.4.4. Gender
Although all unaccompanied and separated migrant minors are subjected to the same protection risks, girls are likely to become exposed to more risks than their male counterparts. According to UNICEF [53], migration is gendered, with gender roles, relations, and inequalities that influence who migrates, how the migration is carried out, and the intended point of destination. Gender plays a crucial role in shaping the risks and threats that males and females may experience during their journey and on arrival, including how they cope and the protection mechanisms in place
[53] | United Nations Children’s Fund (UNICEF). (2020b) An unsettled past, an uncertain future. Pilot Study: Children on the Move using Southern Route in Eastern and Southern Africa. |
[53]
. Girls can face more challenges than boys in their countries of origin, and these challenges may include lack of access to quality education, risks of child marriage, and gender-based violence
[53] | United Nations Children’s Fund (UNICEF). (2020b) An unsettled past, an uncertain future. Pilot Study: Children on the Move using Southern Route in Eastern and Southern Africa. |
[53]
. During transit, girls are more vulnerable to risks. Risks are more likely to include deportation, being kidnapped by criminals, facing more extended periods in detention with less access to basic amenities, and being more likely to have started the journey alone
[53] | United Nations Children’s Fund (UNICEF). (2020b) An unsettled past, an uncertain future. Pilot Study: Children on the Move using Southern Route in Eastern and Southern Africa. |
[53]
.
There has been a significant increase in the number of girls in migration who are unaccompanied and separated from their loved ones
[55] | United Nations Population Fund, United Nations High Commission for Refugees & Women’s Refugees Commission (2016). Initial Assessment Report: Protection risks for women and girls in the European refugee and migrant crises in Greece and the former Yugoslav Republic of Macedonia. New York. |
[55]
. Primarily, human trafficking affects women and children, and girls constitute most of the known trafficking victims worldwide
. During the onset of the trafficking journey, the girls might be coerced or instructed by traffickers or smugglers to conceal their age of being below 18 years and pretend to be above 18 years, and fake documents that link girls to old age and may create stories to avoid being identified as children
[57] | Yonkova, Nusha et al. 2017. Protecting victims: An analysis of the anti-trafficking directive from the perspective of a victim of Gender-Based Violence Report. |
[57]
. The sole purpose of concealing the age of girls’ smugglers and traffickers is to ensure that girls are kept away from the child protection systems dedicated to unaccompanied and separated migrant children and, in worse scenarios, keep these girl children firmly in the hands of traffickers.
6. Responses to Address the Vulnerability of Unaccompanied and Separated Minors
Guidance to address unaccompanied vulnerability is enunciated in various international legal instruments. There are also other possible practical interventions that multiple countries may initiate and develop to advance the provisions of international instruments to ensure the protection and well-being of unaccompanied and separated migrant children.
6.1. International Legal Frameworks
International legal instruments discussed in this paper are the Convention on the Rights of the Child, the International Labor Organization Minimum Age Convention No. 138 of 1977, and the International Labor Organization Convention 182.
6.1.1. Convention on the Rights of the Child
Various international legal instruments address and uphold the rights of children. The Convention on the Rights of the Child of 1989 (CRC) [58] is the foundational international legal instrument to address children's rights. According to CRC, a child is any person below the age of 18 years. The CRC (1989) provides the specific minimum standards regarding the treatment of children that shall be complied with by authorities in the respective territories where children reside. In terms of the CRC in Articles 24, 28, and 29, it is obligatory for State Parties to ensure the rights of children to have access to all fundamental needs, such as health and education pertinent to their physical and mental development, culture, and language of the children. When providing these services to achieve these fundamental needs, Article 37(3) states that children should be treated with humanity and respect for the inherent dignity of the human being, which should be appropriate to their developmental stage.
Pertinent to the protection of the rights of unaccompanied and separated minors is Article 2(1), which obliges the State Parties to ensure that the rights of each child within their jurisdictions without discrimination of any kind, irrespective of the child's or their parent's legal guardian’s race, color, sex, language, political or other opinion, national, ethnic or social origin, property, disability, birth or other status. In addition, Article 22(1) makes it an obligation for the State Parties to take appropriate measures to ensure that a child with refugee status or who is considered a refugee shall, whether unaccompanied or accompanied by parents or by any other person, receive appropriate protection and human assistance. Article 22(2) states that the child shall be accorded the same protection given to other children who are permanently or temporarily deprived of their family environment for any other reason. Article 22 (1) obliges the State Parties to develop appropriate measures to protect the child against discrimination or punishment based on status, activities, expressed opinions, or beliefs of the child’s parents, legal guardian, or family members. Article 3(1) emphasizes the importance of the primary consideration of the principle of the best interest of the child in any decision to be made about all actions to be undertaken by public or private social welfare institutions, courts of law, and administrative authorities of legislative bodies.
6.1.2. International Labor Organization Minimum Age Convention No. 138 of 1977 and International Labor Organization Convention 182
Articles 1 and 2 ensure the effective abolition of child labor and set a minimum age of 15 years and above for admission to employment or work to a level consistent with the entire physical and mental development of minors. Article prescribes an age of not less than 18 years for admission of young persons to employment or work which, by its nature or circumstances under which it is performed, is likely to jeopardize their health, safety, or morals. In Article 33, State Parties are obliged to take appropriate measures, including legislative, administrative, social, and educational measures, to protect children from being made to work in the illicit use of narcotic drugs and psychotropic substances and prevent the use of children in the illegal production and trafficking of such substances.
Article 1 of the International Convention 182 commits State Parties to urgently take immediate and effective measures to prevent and eliminate the worst forms of child labor. These forms of worst labor are described in Article 3 as all practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom, and forced or compulsory labor, including forced or compulsory recruitment of children for use in armed conflicts; the use and procuring or offering of children for prostitution for the production of pornography or pornographic performance; the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs; and work which by its nature or the circumstances in which it is carried out is likely to harm the health, safety or morals of children.
6.2. Proposed Practical Interventions
This paper suggests three practical interventions that can be implemented to improve the care and protection of unaccompanied and separated minors, and these include improving coordination and communication among various stakeholders rendering services to unaccompanied and separated minors, enhancement of a multi-disciplinary approach, and capacity building of personnel working in the field of unaccompanied and separated migrant minors.
6.2.1. Improvement in Coordination and Communication Amongst Stakeholders
The coordination of interventions by various stakeholders providing services to unaccompanied and separated migrant minors leads to the sharing of critical information and facilitation of referrals and makes it easier for minors to access fundamental needs
[59] | Beier, J. & Fredericks, K. (2023). A Path to Meeting the Medical and Mental Health Needs of Unaccompanied Children in US Communities: American Academy of Pediatrics. |
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. The improved coordination of interventions prevents stakeholders from operating in silos to avoid role duplication and uncertainty in role clarification and delays to improve the effectiveness and efficiency of the interventions targeting unaccompanied and separated minors.
6.2.2. Enhancement of Multi-disciplinary Approach
Unaccompanied and separated migrant minors have psychosocial, health, legal, educational, and material needs that require assessment and interventions of various disciplines. A team of multi-disciplinary professionals can more effectively and efficiently synthesize information across disciplines in a coordinated approach to support minors and their families
[59] | Beier, J. & Fredericks, K. (2023). A Path to Meeting the Medical and Mental Health Needs of Unaccompanied Children in US Communities: American Academy of Pediatrics. |
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. The multi-disciplinary approach may further assist in reducing logistical barriers that discourage families from accessing the specialized services they need
[59] | Beier, J. & Fredericks, K. (2023). A Path to Meeting the Medical and Mental Health Needs of Unaccompanied Children in US Communities: American Academy of Pediatrics. |
[59]
.
6.2.3. Capacity Development of the Workforce
As mentioned earlier, multicultural and linguistic barriers remain a challenge among workers serving unaccompanied and separated minors. Therefore, it becomes necessary to develop linguistic and multicultural expertise and training in trauma-informed and resilience
[59] | Beier, J. & Fredericks, K. (2023). A Path to Meeting the Medical and Mental Health Needs of Unaccompanied Children in US Communities: American Academy of Pediatrics. |
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. The specific training may include training officials on the principles and provisions of the CRC, knowledge of the country of origin of unaccompanied and separated migrant minors, appropriate interview techniques, child development, and psychology, cultural sensitivity, and intercultural communication
. Due to the shortage of qualified staff, the priority should be the recruitment of the most critical competencies and job responsibilities while introducing professional development and staff care strategies as crucial tools to find and retain staff who are well qualified to serve unaccompanied and separated migrant minors
[59] | Beier, J. & Fredericks, K. (2023). A Path to Meeting the Medical and Mental Health Needs of Unaccompanied Children in US Communities: American Academy of Pediatrics. |
[59]
.