Unaccompanied Minors according to Case Law of the European Committee of Social Rights

Abstract

The European Social Charter in both its versions - the original from 1961 and the revised one from 1996, attaches great importance to the protection of children's rights. It sees the fate of unaccompanied minor foreigners in the territories of states - parties to the Charter as a special problem. Three complaints directly address this issue: two by Defense for Children International against the Netherlands in 2008 and against Belgium in 2011, and one by EUROCEF against France in 2015. They were settled by the European Committee of Social Rights in 2009, 2012, and 2018, respectively. The rulings adopted by the Committee provide an important framework for the response of public authorities in Europe to the increasing number of children arriving from other continents. The adopted directions of thinking indicate the need for great sensitivity in applying the applicable legal standards to this category of foreigners. The article indicates the essential elements that should be taken into account when deciding on the legal situation of minor foreigners coming to Europe.