Separated Children

Separated children are children under 18 years of age who are outside their country of origin and separated from either parents or their previous legal / customary primary caregiver (Separated Children in Europe Programme, 2009).

The immediate and the ongoing needs of separated children seeking asylum relating to accommodation, medical and social needs as well as their application for refugee status are the responsibility of the Health Service Executive in accordance with Section 8(5)(a) of the Refugee Act 1996 (as amended) and the Child Care Act, 1991.

When a separated child in the care of the HSE reaches 18 years of age (also commonly referred to as an ‘aged out’ minor) he or she may be referred by the HSE to the Department of Justice and Law Reform’s Reception and Integration Agency (RIA) for transfer to adult accommodation and service provision.

Key statistics

  • Between 2000 and 2010 5,984 separated children were referred to the HSE.
  • Of these 2,888 were placed in care and 2,878 were reunited with family members. The remainder were either age reassessed and deemed to be over 18, were sent back to other EU jurisdictions under Dublin II, turned out to be accompanied or went missing from care.
  • Of the 513 children who have gone missing from State care between 2000 and 2010, 440 are still unaccounted for.

Policy Positions

Separated Children and the Convention on the Rights of the Child

Since Ireland ratified the UNCRC in 1992, the primary principles in the Convention should be incorporated in all relevant Irish legislation as was recommended by the UN Committee on the Rights of the Child in 1998 and 2006. The primary principles that should be incorporated in all legislation that affects separated children include:

  • An express recognition of the right of the child’s voice to be heard in all matters affecting the child in accordance with age and maturity (Article 12).
  • The principle of non-discrimination – that the same level of protection and care be afforded equally to each child regardless of migration status (Article 2).
  • The principle of the best interests of the child should be seen as having paramount importance in all matters of welfare and protection of the child (Article 3).
  • The principle that each child should be entitled to support in order to achieve their developmental potential (Article 6 as well as articles dealing with education, health and disability: Articles 23, 24, 26, 27, 28, 31 and 39).
  • The principle that separated children are entitled to special protection and assistance provided by the State (Article. 20).

 

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