PROTECTION OF CHILD MIGRANTS AND ASYLUM SEEKERS IN THE EU

Abstract

The protection of the rights of migrant children and children asylum seekers in the European Union represents one of the most sensitive and complex issues of contemporary migration policy. Children, especially those who travel alone or are separated from their families, are among the most vulnerable groups of migrants and thus face many challenges. The legal framework should, therefore, offer adequate and complete protection in accordance with the principle of the best interests of the child, which most importantly implies the protection of the child’s dignity, primarily during detention, the right to health care and education, respect of procedural rights and the right to family unity. The Charter of Fundamental Rights of the EU stipulates that the child’s best interest must be taken into account in any action related to children, which includes the actions of the EU within the jurisdiction of immigration and asylum policy. The paper deals with the most important legislation and CJEU practice concerning the rights of children of migrants and asylum seekers within the framework of the EU’s immigration and asylum policy, considering the new rules of the Pact on Migration and Asylum, which will come into force in 2026. The objective of the paper is to determine whether the new EU legislation corresponds and to what extent to the stated rights of the child.