International protection of unaccompanied minors

A number of practices exist which are tantamount to serious violations of specific rights of children; they include, for example, recruitment of child soldiers, exploitation and subjection to forced labour, trafficking with a view to prostitution and sexual abuse, female genital mutilation.

“UNACCOMPANIED MINOR ASYLUM SEEKERS” (ACCORDING TO LEGISLATIVE DECREE No. 85 of 7th APRIL 2003) INCLUDE

• citizens of countries not belonging to the European Union or stateless persons aged below 18 years who enter the national territory without being accompanied by an adult and as long as a person accountable for them actually takes them in charge
• minors who are abandoned after entering the national territory

The competent Juvenile Court is informed about the submission of the asylum application and it adopts the relevant measures (Legislative decree 39/90).

CHILDREN ARE GRANTED SPECIFIC RIGHTS

All measures must refer to article 3 of the Convention on the Rights of the Child : “the best interest of the child” must always be pursued.

THE “DIRECTIVE ON UNACCOMPANIED MINOR ASYLUM SEEKERS”

The Directive of 7th December 2006, issued by the Minister of the Interior, Giuliano Amato, in concertation with the Minister of Justice, Clemente Mastella reinforces the responsibility of institutions in taking charge of minor aliens who are unaccompanied and who apply for asylum.
According to article 1, upon his/her arrival the minor must be given all necessary information on his rights and on the existing legal opportunities. After the minor is taken charge of  by the guardianship judge, he/she is immediately committed specifically to the National System of Protection for Asylum Seekers and not to a more general type of facility, preventing him/her from becoming a victim of exploitation or from remaining without legal protection. Actually, the National System of Protection allocates each year a certain number of places to vulnerable categories and it has the capability and training to give support to minors and help them to integrate in a new cultural context.