Foreign Minors Research Articles

No Future for our Children: Challenges faced by foreign minors living in South Africa

The intensification of international migration and continued conflicts in Africa have resulted in growing numbers of child migrants. Children are increasingly becoming mobile and crossing international borders unaccompanied. The movement of unaccompanied or separated minors triggers international obligations on all states that are party to the Convention of the Rights of a Child to take all available measures to ensure that children’s rights are respected, protected and fulfilled. South Africa has arguably the most progressive child protection mechanisms in Africa. Those mechanisms are conferred and extended to foreign minor children within its borders. However, due to a lack of coordination between the various state departments entrusted with matters concerning foreign minors, the state has failed to fulfil its duties as required by national and international law. This paper highlights the difficulties faced by foreign minors and how the gaps in law leave them undocumented, vulnerable and unable to access social services. This paper also discusses how South Africa’s approach to accompanied and unaccompanied foreign minor children provides no durable long term solutions for these children, effectively leaving them in a legal lacuna once they reach the age of majority. Drawing on our experience as refugee attorneys, we demonstrate that there are disparities between the law and the implementation of the law. We conclude with recommendations on possible policy and legislative reforms that can be implemented in order to ensure that South Africa develops a comprehensive and meaningful long-term approach for migrant children living in South Africa.

What Do Social Workers Think About Unaccompanied Foreign Minors’ Family Fostering in Italy

What Do Social Workers Think About Unaccompanied Foreign Minors’ Family Fostering in Italy

La necesaria reconceptualización de las migraciones de menores no acompañados en Canarias, España

Las migraciones de menores extranjeros no acompañados (MENA) son un novedoso modelo de movilidad internacional en España, con particularidades respecto a otros flujos migratorios. La doble condición de menor no acompañado e irregular, genera conflictos en su atención e integración, pero es una de las premisas principales para el desarrollo de este modelo de movilidad (que no la única) y el desarrollo de sus propias estrategias. Canarias, debido a su condición de frontera sur intercontinental y su insularidad, ofrece modelos de flujos migratorios particulares, protagonizados por menores africanos con una alta vulnerabilidad y una estrecha relación con las redes de tráfico y trata de seres humanos.

When a foreign adolescent orphan refuses to be treated: Considerations on a clinical case.

Providing medical treatment for unaccompanied foreign minors can prove particularly demanding when a patient is not fully compliant. This report describes the case of a 13-year-old boy from Sub-Saharan Africa brought to Italy to receive treatment for a neoplasm. Right from the start, he showed strong oppositional reactions, with aggressive and self-harming behavior. This made it necessary to activate various different psychological, psychiatric, and social-support resources, and to adapt the proposed treatments to the patient's willingness and ability to cooperate. Here we outline the assessments and actions (also from the economic and organizational standpoint) that need to be implemented in any scheme to bring young foreign orphans to Italy for specialist medical care.

Unaccompanied Foreign Minors in Italy: Procedures and Practices

Unaccompanied Foreign Minors in Italy: Procedures and Practices Marco Accorinti Abstract According to the Decree of the President of the Council of Ministers No 535/1999, Article 1, laying down the “Regulation on the tasks of the Committee for Foreign Minor, in conformity with Articles 33(2) and (2- bis) of the Legislative Decree No 286 of 25 July 1998”, in Italy unaccompanied foreign minor (in brief UAM) refers to “a minor who does not have Italian or other EU citizenship, has not applied for asylum and is, for any reason, within the territory of the State without care or representation by their parents or other adults who are legally responsible for them under existing Italian laws”. This provision was defined as the solution to a social phenomenon that became particularly significant number-wise in the Country in the 1990s. Despite the attention of the Government, the actual number of UAMs within the territory of the State is difficult to define, since most of them do not fulfil residence regulations and move a lot within Italian territory. Over the past seven years, the number of UAMs has remained stable with an average of 7/8,000 per year, and a peak of 8,461 in 2013. This figure will be greatly exceeded in 2014. The paper analyzes the evolution of UAM’s presences in Italy, the UAM characteristics, the migratory projects and some aspects of the procedures and the social practices regarding UAMs in Italy. Full Text: PDF DOI: 10.15640/rhps.v3n1a6

Detención de menores extranjeros no acompañados en Europa: la necesidad de garantizar efectivamente los derechos ya reconocidos

El Consejo de Europa y la Unión Europea, en varios documentos aprobados entre 2010 y 2012, reconocen abiertamente que en Europa no se han adoptado las medidas suficientes para garantizar de manera efectiva los derechos reconocidos en la Convención de Naciones Unidas sobre los Derechos del Niño (1989) en relación con los menores extranjeros no acompañados. Por lo que se refiere a las condiciones en las que pueden ser detenidos, urge implementar un procedimiento común capaz de salvaguardar la tutela administrativa y jurisdiccional de estos menores.

I giovani migranti nelle scuole italiane: percorsi formativi, disuguaglianze, risorse

Nel 2013 la presenza di minori stranieri in Italia ha raggiunto quote numeriche importanti, soprattutto per la presenza di seconde generazioni (44%). Famiglie e giovani stranieri puntano sull'istruzione anche a compensazione di diritti sociali che sentono negati (ius sanguinis); i livelli formativi degli immigrati stanno aumentando gradatamente, ma si segnalano alcune criticità: a) la persistenza di un gap negativo tra i risultati scolastici degli alunni di nazionalità italiana e straniera; b) in certi istituti la maggiore visibilità delle diverse provenienze etniche in alcune aree sembra provocare disagi nelle interazioni tra autoctoni e immigrati; c) in alcune sezioni scolastiche ad elevata incidenza di stranieri, la concentrazione di problematiche sociali mette in allarme la concezione anti-discriminatoria e liberale della scuola. Tuttavia anche in tali sezioni ci sono risorse educative che non vanno sottovalutate.

Menores no acompañados y no protegidos: resultados de una investigación en cuatro Estados europeos

La contribución presenta una investigación de campo multinacional llevada a cabo entre 2011 y 2012 que explora las condiciones de vida y las razones explicativas de la situación que viven los denominados 'menores extranjeros no acompañados' que se encuentran sin protección en diferentes Estados europeos (Bélgica, España, Francia e Italia). El artículo aborda en primer lugar una serie de aspectos metodológicos (logros, límites, posibles pistas) que pueden resultar útiles en futuras investigaciones de esta población. En una segunda parte se presenta un resumen de los principales resultados que muestra la heterogeneidad de perfiles encontrados, las diferentes condiciones de vida de esta población en función del contexto geográfico estudiado y, finalmente, las principales razones y factores que determinan su situación de desprotección institucional y de consiguiente exclusión social.

Incarcerated Foreign Minors in Italy: How to Treat them?

The aim of this study is to provide data regarding the treatment of foreign juveniles in the Italian justice system. The authors examined the records from juvenile detention centers and primary juvenile reception centers in Italy in order to gain a better understanding of how foreign minors are treated with respect to their Italian counterparts. Statistical analysis was then carried out and the results revealed many inequalities. The authors believe that it is important to create secondary and tertiary prevention services in order to decrease the likelihood of recidivism, and to promote the minor’s integration into the social fabric of their adopted country. Foreign minors are more frequently placed in jail than their Italian counterparts. The authors conclude that only through the development of a united partnership can a welcoming network be created: one that is able to pick up on the first signs of trouble that often confront foreign minors.

Orfani italiani no Juízo dos Órfãos de Porto Alegre (final do século XIX).

Muitas crianças e adolescentes italianos, juntamente com seus familiares, transpuseram as barreiras oceânicas e vieram para o Rio Grande do Sul em busca de melhores oportunidades de trabalho e condições de vida. Contudo, as vicissitudes que cercavam a maioria da população, entre o final do século XIX e início do XX, também afligiram as famílias dos imigrantes italianos, em algumas das quais foram completamente desarticuladas devido ao falecimento de seus genitores. Assim, muitas crianças e adolescentes imigrantes ou descendentes tiveram que conviver também com a orfandade. Para cuidar dessas crianças, o Estado brasileiro possuía o Juízo dos Órfãos, instituição do Judiciário destinada a atribuir um adulto como responsável legal pelo menor, e o governo italiano uma instância de representação legal no Brasil – o Consulado Italiano. É a intenção deste trabalho, por meio da História Social, apresentar alguns dos pequenos italianos e ítalo-brasileiros que tiveram suas histórias registradas nos Processos de Tutela da cidade de Porto Alegre, os quais receberam atenção do Consulado Italiano de Porto Alegre em suas ações. Dessa forma, refletir sobre esses menores estrangeiros e trazer para análise as crianças e adolescentes que, muitas vezes, ficam em segundo plano nos estudos e/imigratórios.

Propuesta de uso del análisis de redes de actores de políticas públicas para la gestión de la integración de los Menores Inmigrantes No Acompañados (MINA). Estudio del caso de la Comunidad Valenciana

Social Network Analysis (SNA) has been applied by the literature in different cases in which it is highlighted the need to create, in certain situations of complex management, stable relations among the stakeholders when these relations are not formal. Therefore, to analyze these relations could improve the management of those public organizations responsible for carrying out public policies for the integration of the Unaccompanied Foreign Minors (UFM). Thus, the objective of this study is to raise the possibility of applying social network analysis with the aim of improving the final integration of UFM in the Spanish society, through the study of all the stakeholders involved in the case of the Valencia Region.

Lampedusa humanitarian emergency in 2011: the case of unaccompanied migrant minors

PurposeThe purpose of this paper is to highlight the situation on the unaccompanied foreign minors in the Italian legal system, paying special attention to the Lampedusa humanitarian emergency in 2011.Design/methodology/approachThe legal treatment of these subjects is on the borderline between two distinct sets of laws: those for minors, based on principles of protection and support; and those for immigrants based on public security and therefore inspired by principles of control and defense. For this reason the question of the legal treatment of unaccompanied foreign minors is a decidedly complex matter because it requires the assumption of a clear responsibility on the part of the host State that, in accordance with international conventions, must provide for the welfare of a child by ensuring a healthy development and securing their fundamental rights.FindingsThe paper examines the legal measures regulating the status of unaccompanied foreign minors in the Italian legal system, in order to understand if they are efficient in giving protection and offering integration to these minors.Originality/valueThe paper offers insights into the most vulnerable category of illegal immigrants.

Les travailleurs sociaux, passeurs de frontières

In the world complexity which conditions migratory flows today, the small municipality of Assesse meets in the center of historic, socioeconomic, political, institutional, educational and moral stakes which exceed widely the borders of the welcome or the accompaniment of Unaccompanied Foreign Minors (UAMs). The social workers embarked on this adventure are playing it by ear and are battling against stakes which oblige them to revisit completely their world map, to question their professional culture, their values and convictions, their sense and their consciousness of the work to carry out. In front of multiple questions which move stereotypes, prejudged and other representations of the fact what is the world and of what it should be, the worker becomes willy-nilly a boatman of geographical, mental and cultural borders.

Migration et vulnérabilité des jeunes étrangers isolés

The path through life of isolated foreign minors is often beset by any number of difficulties and paradoxical situations, leading to depressive syndromes and complex post-traumatic disorders. Educational services regularly refer them to the “Maison des adolescents” of the Hospital Cochin (Paris). How is one to understand and work with these young people, whose clinical presentation and life history is so different ? We put forward a transcultural method with two lines of approach. There are transcultural consultations in which the problems of the young person are analysed on three levels, ontological ; aetiological and therapeutic. Then there are indirect consultations in which the professionals who take charge of the young people are seen in order to discuss the situation which causes them concern.

Réflexions à propos de l’obligation scolaire

This article presents the results of a programme of research and action supported by the European Fund for Refugees from 2009 to 2011 and coordinated by the Union of Towns and Communes of Wallonia via the Federation of Public Centres of Social Action (Cpas) and its Training Centre. This research and action set out to improve the work of professionals concerned with the schooling of unaccompanied foreign minors resident in two reception centres of the province of Namur. It resulted in new procedures that allow a better grasp of the needs of unaccompanied foreign minors, in particular by developing tools of diagnosis adapted to the lived experience of children and young people and by setting up a substantial training programme and a network for the professionals involved.

A Portrait of Children in Immigrant Families in Italy

The number of foreign minors living in Italy in 2003 was 353,500. According to the latest estimates, for 2008, over 862,000 foreign minors are now residing in Italy. This means that, within 5 years, the number of foreign minors more than doubled, and, within last 10 years, it more than quadrupled. In 2008, more than 16% of births occurred to couples including at least one foreign parent and children now account for more than 22% of the foreign population. Despite the extraordinarily rapid growth in immigration and in the number of foreign children in the last decade, little research has been conducted on issues regarding children in immigrant families. In this study, in the framework of the Unicef comparative research project on ‘Children in Immigrant Families in Eight Affluent Countries: Their Family, National and International Context’ we analyse the household composition and wellbeing of children in immigrant families with 2001 Italian Census data. In particular, we analyse, by gender and country of origin, the time of arrival and citizenship of children aged up to 17 years; the educational attainment and job activity of their parents; family composition and housing conditions.

The Challenges of Data Comparison and Varied European Concepts of Diversity

Immigration to Germany, Italy and Finland represent different stages of the ‘new migration’ to Europe. The scale and types of immigration also differ between the three. Though each country is experiencing different stages of immigration, they all recognize the necessity to better integrate foreign minors. The three countries seem to have only recently started to regard themselves as countries of immigration. As a result, their policies towards foreign minors seem to be based on tolerating, not integrating them. The presence of foreign minors in the juvenile justice system is a reflection on their approaches and attitudes towards immigrants. Therefore, we set out on an 18-month project funded by the European Commission to study how being ‘foreign’ affects the treatment of minors in the penal systems in Italy, Germany and Finland. The project is called “INTO: Inside the Outsiders: Deviant Immigrant Minors and Integration Strategies in European Justice Systems.” In this paper, we will present the difficulties encountered when creating comparable data in terms of contrasting labels for and definitions of the target group and data collection as well as the solutions created for addressing these difficulties. At the outset of the project, it became clear that the terms used to define the target group had different meanings for each of the partners and one term was not deemed sufficient for use in all three contexts, both due to the immigration history in each country and due to the counting methods used by the data collection institutions in each country (National Censuses, Justice Systems, etc.). In the project proposal, we defined ‘immigrant minors’ as including two categories of children: 1) those born in the host country and are either naturalised citizens, hold dual citizenship or are permanent residents 2) children who immigrated to the host country with their family or by themselves. Yet statistical data in each country uses multiple and diverse terms to describe our target group – foreign minors, migrants, ethnic minorities, foreign citizens, etc. Clearly, this made the collection and comparison of three different sets of national statistics quite challenging. The diverse terminology and categorisation of ‘immigrant minors’ in the three countries made it difficult to find directly comparable statistics. The discussion of how to resolve this ‘technical’ difficultly revealed the different conceptions of what it means to be an ‘immigrant’ and a ‘minor’ in each country and within their respective social and judicial systems. This discussion reflected each country’s individual conceptions and laws regarding citizenship as well as their past and present approaches to integration. We argue that despite their different labels, social class and rights, foreigners, ethnic minorities and migrants share similar social conditions. Foreigners, even when they become citizens, still experience social constraints and suffer in the process of cultural integration. Migrants, who must overcome the legal and economic challenges and risks of migrating, have difficulty fully integrating into the host society. The second generation seems to experience greater frustration from their continued exclusion. Ethnic minorities are often identifiable and visibly different from the majority which prevents their full integration despite being long-established in a country. They all remain ‘foreign’ from the perspective of the autochthonous population. And when examining discrimination, we find that these terms often overlap and are used interchangeably. Given this background, it is no wonder that there are difficulties in addressing this ‘new migration’ to Europe. The social conflicts arising from the recent migration, during the last fifty years (at most), cannot be easily understood in terms of class, racial or ethnic conflict. While we might say the subjects of this conflict belong to a socially disadvantaged group or that our societies are quick to discriminate against them, we cannot, since the situation is still not clear. What is clear is that it will continue to be difficult to study these difficult issues in a European setting if we lack of adequate, comparable data collection techniques in Europe. However, refining the techniques will require serious reflection and discussion of the terms currently in use and of the theoretical approaches to immigration in each of the European member states. This is a reflection we intend to begin in this paper.

Menores extranjeros en el sistema de protección de la Comunidad de Aragón (España)

To determine the prevalence of foreign minors in protection centers, their demographic characteristics, and reasons for entry, as well as the relation with geographic area, family, social and health risk factors, and high-priority health needs. We performed a retrospective cross-sectional study over an 11-year period (1992-2002). The health and socio-familial reports of 1,619 minors who were admitted to protection centers were reviewed and those from a foreign country were included. Compilation of information, definition of concepts, and health assessments were performed according to standard protocols. Two hundred forty-one foreign minors (males 66.4 %) with a mean age (SD) of 11 (3.2) years (adolescents 64.7 %, infants-preschoolers 26.1 %) were admitted during the study period. The prevalence was 4.6 times higher than that expected. Origin: Africa 68.9 % (Maghreb 56.4 %, sub-Saharan 12.5 %), Europe 23.6 % (west 14.5 %, east 9.1 %), Latin-America 5.4 %, and Asia 2.1 %. Reasons for entry, demography and relation with geographic area were as follows: 1. Being an abandoned illegal immigrant 41.1 % (all male adolescents, 98 % from the Maghreb); 2. Maltreatment 33.2 % (passive maltreatment-to-active ratio 2.3:1, no difference by sex, age mode 2 years; Asia 80 %; Europe 61.5 %, west-to-east ratio 4.8:1, gypsy ethnicity from Portugal and Rumania 90.3 %; Latin-America 38.4 %; Africa 21.7 %, no difference by geographic area); 3. Temporary incapacity for their care 18.7 % (female-to-male ratio 1.8:1, age mode 1 year; Latin-America 38.4 %, Africa 18.1 %, Europe 17.5 %); 4. Other causes 7 %. at least one (78.4 %) and more than one (33.6 %); housing problems and especially living in a single parent family. Health disorders: at least one (65.1 %); disabling disease (2.1 %); main problems: dental (36.3 %), immunization (27.6 %), dermatologic (19.1 %), growth and nutrition (13.7 %), and infectious and parasitic diseases (13.3 %). Being a minor immigrant in a foreign country with problems of documentation, housing or family regrouping and especially if there are language, cultural or racial (ethnic minorities) barriers is a major risk factor for living in a situation of vulnerability, risk or neglect/abandonment that requires social protection measures. Continuous follow-up by the social services of the adoptive community is required for the prevention and early detection of children in need of protection.