Legal Update: In a Nutshell - UN issues guidelines on the refugee crisis

According to the UN High Commissioner for Refugees (UNHCR), "Europe is facing its biggest refugee influx in decades". More than 30,000 people have crossed the Mediterranean Sea so far this year, and more than 2,600 did not survive the crossing. A large number of those seeking refuge in Europe – at least a quarter, according to Unicef – are children.

While recognising the generosity of some private citizens and civil society organisations, along with the political and moral leadership of a number of individual countries, UNHCR has criticised Europe's failure to find an effective common response, leaving thousands of people to suffer as a result. It has recognised that the situation "requires a massive common effort that is not possible with the current fragmented approach", and has issued standards to guide the response of European countries.

Guiding principles

This common response should be based on a number of guiding principles. First, there should be an understanding that this is primarily a refugee crisis, not a migration phenomenon, with the vast majority arriving in Greece coming from conflict zones. All states have an obligation to respect the human rights of refugees. However, regardless of legal status, "all people on the move in these tragic circumstances deserve to have their human rights and dignity fully respected".

EU-wide response

A piecemeal or incremental approach will not be an effective response. UNHCR has urged the European Union to mobilise its full force around the crisis, implementing a common strategy "based on responsibility, solidarity and trust". A "common response" should involve taking urgent measures to stabilise the situation and find ways to share responsibility in the midto longer term. The EU must put in place immediate and adequate emergency reception, assistance and registration capacity, mobilising support from UNHCR, IOM and civil society.

Persons found to have valid protection claims in this initial screening must benefit from a mass relocation programme, which should involve the mandatory participation of all EU member states. This must go hand in hand with the establishment of adequate reception centres.

Those found to be without the need for international protection and who cannot benefit from legal migration opportunities should be assisted in returning to their home countries. However, for unaccompanied children, who are without an adult family member or carer, family tracing (where possible) should be promptly carried out, and any procedure to return the child to their country of origin should ensure full respect of their rights and involve a detailed assessment of the safety, security and other conditions in the country of origin to ascertain whether return would be in the child's best interests.

More opportunities for legal entry

UNHCR also urges European countries, along with countries in other regions, to make fundamental changes to allow for larger resettlement and humanitarian admission quotas and other ways to enter Europe legally.

Legal Update is produced in association with experts at Coram Children’s Legal Centre ?www.childrenslegalcentre.com

?For free legal advice on issues relating to migrant children call 0207 636 8505

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