Background:

In the EU migration and asylum context, separated children are those migrant children who arrive on EU territory accompanied by adults other than their parents or legal guardians, for example, relatives, or non-related but known adults who do not have established rights to care for and represent them. Separated children are in a different situation from the "classic" unaccompanied minors, who arrive in the EU territory not accompanied by any adult to care for them. However, when the adults accompanying these children and caring for them do not have recognised representation powers under the law of the EU Member State of their practice, they are legally considered as unaccompanied minors for the purpose of EU asylum law.

In the context of preparations for the entry into force of the Pact legislation, the Commission aimed to obtain updated and comparable information about the specific category of unaccompanied children, namely the separated children, and about the way in which their protection needs are addressed in the Member States. The way in which the relationship between the separated children and the accompanying adults is handled has important implications for the reception conditions, procedural guarantees and assistance within the various types of asylum procedure.

Respondents:

24 EMN Member Countries (including BE) provided a public answer to this ad hoc query.

Findings:

A preliminary analysis of the results of the ad hoc query shows that:

• Out of 24 responding countries, the legislation of three countries (FR, EL and ES)  makes special provisions for children who qualify as ‘separated’. One country (SK) indicated that, in its practice, a child who can be entrusted to the care of an adult other than the parent (a relative or a person known to the child) is not considered to be an unaccompanied minor.
   
• The majority of countries (including BE) indicated that their legislation allows for accompanying adults to be formally recognised as representatives of separated children, mostly in the form of guardianship. A smaller number of countries indicated that their legislation allows for the accompanying adults to be formally recognised as responsible for the children. In EL, for instance, the prosecutor ordering guardianship may assign the daily care of an unaccompanied minor to an accompanying adult, following an assessment of suitability and in consideration of the best interests of the child. The accompanying adult assumes the daily care of the child, meaning the minor is accommodated with the adult who is responsible for their well-being.
   
• Informal or ad hoc arrangements are also used in many countries to preserve the close relationship between the separated children and the accompanying adults, mostly in terms of accommodation (including BE). For instance, children may be allowed to live with the accompanying adult or be placed in the same reception centre. In terms of procedural arrangements, PL indicated that, in the context of asylum procedures, unaccompanied minors may be interviewed in the presence of an (accompanying) adult designated by the minor, provided it does not hinder proceedings.
   
• Only EL indicated that it collects specific data on the number of separated children who arrived in its territory to apply for asylum.

For further information, please see the ad hoc query summary above, and for full details, consult the compilation of answers also shown above.