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  • Right to education for non-citizen children (multiple countries)
  • France
  • The fundamental right of all children to education, regardless of their legal status, is recognized in Argentina, Belgium, Chile, Italy, Spain, Thailand, the Netherlands and Uruguay. In France, there is a ministerial circular to the same effect.

    Italy guarantees to migrant children the right to education, regardless of their status, on the same terms as Italian children. The 1998 Immigration Act integrates the right to education in national legislation. It provides for the compulsory education of migrant children, the teaching of Italian, and the promotion of the culture and language of the countries of origin of migrant children.

    Chile guarantees access to public education to migrant children and adolescents, regardless of their migration status (Ministry of Education, Ordinary Communication N°07/1008 of 2005).In 2016, a new procedure was established to facilitate the enrolment of irregular migrant children

    The US Supreme Court ruled in the landmark Plyler v. Doe case in 1982, that it was a violation of the Constitution to deny irregular migrant children free compulsory education under the same conditions as citizens and regular migrant children. The legal ruling has been complemented by guidelines, for instance those produced by the National School Boards Association and the National Education Association, regarding legal issues and specific schools. A number of States have fully implemented this ruling to include access to other school-based services, such as free and reduced-price meals and educational assistance for children with learning disabilities.

    In 2005, Thailand’s Ministry of Education instructed school directors to enrol all children, including irregular migrant children, so they could access free basic education.
  • Law
  • Minimum Standards
  • Respect of fundamental rights
  • Undocumented or irregular migrants
  • Children
  • France - assessment of asylum seekers for vulnerability factors i order to tailor reception conditions
  • France
  • A foreign national intending to claim asylum has to present him or herself to the Prefecture that is orienting him or her to a pre-reception office … The pre-reception office provides him or her with an asylum application form for the registration of his or her claim at the Prefecture. An appointment with the Prefecture is also arranged. In compliance with the recast Asylum Procedures Directive, this appointment should take place within 3 days after the asylum seeker has presented him or herself to the prereception office ... The registration of the claim is processed at the “single desk” (guichet unique) where the Prefecture and the French Office on Immigration and Integration (Office Français sur l’Immigration et l’Intégration - OFII) both have offices. The aim of the single desk is to register the asylum claim and, on the same day and in the same location, to conduct a vulnerability assessment that allows the OFII to offer tailored material reception conditions. Therefore, upon leaving the single desk, the asylum seeker has been granted an asylum claim certification (attestation de demande d’asile), that specifies if his or her claim has been channelled into a specific procedure, and has been proposed an accommodation place, when available.
  • Law
  • Screening & Assessment
  • Vulnerability
  • Asylum seekers
  • All
  • Avoiding detention before return for unaccompanied children in EU Member States
  • France
  • However, in contrast, in several (Member) States UAMs cannot be detained whilst awaiting return (Belgium, Bulgaria, Estonia, France, Hungary, Ireland, Italy, Lithuania, Portugal). Belgium and France do no detain UAMs awaiting return except in the following situations:
    In Belgium, UAMs who arrive at the border and whose age is doubtful can be held in detention for three working days;
    In France, UAMs apprehended at the border and refused entry are put in a waiting area before their departure for a maximum of 20 days. As mentioned above, the return of the UAMs must take into account the best interests of the child. In practice, this return procedure is rarely implemented.
    In Germany, the possibility of detaining an unaccompanied minor before return differs across Federal Länder: whilst some Länder do not allow detention of UAMs, other set a lower age limit for detention of children (14-16 years depending on the Länder), or allow for detaining a UAM only if s/he has a criminal record.
    In the Slovak Republic, UAMs are never detained.
  • Law
  • Placement Options
  • Case resolution
  • Returnees / Deportees
  • Unaccompanied and Separated Children
  • Transit
  • Foster care for unaccompanied children seeking asylum in France
  • France
  • In 2011, 16 representatives from 10 EU Member States reviewed and evaluated each country’s approach to caring for unaccompanied minor asylum seekers. The top-ranked practice with 400 points (79 per cent of all possible points) is the placement of UAMAS under 16 years of age with foster families, as practised in the UK. Comparisons were made between the UK practice and similar practices in other EU Member States such as the Netherlands or France, where children are also placed with foster families. Compared with the UK, placement of children in other countries does not take place on such a wide scale, foster families do not receive state support, and only younger children benefit (in the Netherlands children up to 13 years of age and children who are considered vulnerable).
  • Practice
  • Placement Options
  • Community with conditions
  • Asylum seekers
  • Unaccompanied and Separated Children