The country`s treatment of illegal non-citizens, particularly those arriving by sea, is well documented. It was also presented as a prerequisite for the realization of other rights. International human rights bodies, in particular the Committee on the Rights of the Child, have called for children to be given a secure legal status. The Committee`s 2005 general comment No. 6 on the treatment of unaccompanied and separated children outside their country of origin contains a clear statement to that effect. The Committee notes that «a durable solution must be sought for all children who remain in the territory of the receiving State, whether on the basis of asylum, complementary forms of protection or other legal or factual obstacles to removal»148. are facing a devastating legal vacuum. They are prevented from enjoying their human rights and participating fully in society. Their lives are marked by exclusion, deprivation and marginalization. Another recent 2019 study of asylum seekers in Germany also found findings that support the link between lengthy asylum procedures, rejected claims and temporary status and negative mental health outcomes.46 Many other previous studies on refugee mental health highlight the importance of a supportive and stable environment that reduces daily stress and disruption of «roles and identities.» as well as «existential significance and coherence» is limited.47 As a result, she claims that neither she, her husband, nor their five children have legal status or a right to housing or cash assistance. Although the Committee on the Rights of the Child, in its general comment No. 6 did not address the need for a secure legal status, it returned to the issue in its joint general comments Nos.
3 and 4 of 2017 with the Committee on Migrant Workers on international migration. In Note 4, the committees recognized «the negative impact of a dangerous and precarious migration status on the well-being of children».150 In addition, Joint General Comment No. 3, based on General Comment No. 6 of the Committee on the Rights of the Child, stresses the need to find solutions that are in the best interests of children and address their long-term needs. and that these solutions must be «comprehensive», «safe» and «sustainable».151 It calls on States to take measures to mitigate «as far as possible» all risks to children`s development, with particular attention to undocumented children.152 Particular attention is paid to the transition to adulthood. Les comités appellent les États à : Quelques exemples : Lauren R. Aronson, « The Tipping Point: The Failure of Form over Substance in Addressing the Needs of Unaccompanied Immigrant Children » (2015) 18 Harvard Latino Law Review 1 ; Jacqueline Bhabha, « Minors or Aliens: Inconsistent State Intervention and Separated Child Asylum-Seekers » (2001) 3 European Journal of Migration and Law 283; Mateja Sedmak, Birgit Sauer et Barbara Gornik (éd.), Unaccompanied Children in European Migration and Asylum Practices: In Whose Best Interest? (Routledge, 2017). La littérature sur les enfants non accompagnés a considérablement augmenté au cours de la dernière décennie et comprend des domaines juridiques, sociologiques, de la santé et autres. Pour un aperçu de certaines recherches pertinentes récentes, voir Ruth Brittle et Ellen Desmet, « Thirty Years of Research on Children’s Rights in the Context of Migration » (2020) 28 The International Journal of Children’s Rights 36. In this context, the links between hovering situations and the notion of children`s «ontological security» must be taken into account. In his work on unaccompanied children seeking asylum, Chase describes this as «a stable sense of self rooted in the belief that life events have some degree of security and continuity.»53 Ontological uncertainty, on the other hand, is associated with uncertainty, fear of the future, turmoil, and disruption.
As a mental state, it can lead to other emotional and mental health problems such as acute and chronic depression, sleep problems, generalized anxiety, and suicidal thoughts. While these problems can be caused by previous trauma in countries of origin or during migration, they can be exacerbated by insecurity. Chase notes that, consistent with some of the above observations, unaccompanied children are protected from some of the most challenging aspects of the UK`s approach to immigration and generally receive a higher level of basic care than other asylum seekers. Section 55 of the Borders, Citizenship and Immigration Act 2009 sets out the obligation to ensure that immigration, asylum, nationality and customs functions are carried out in the United Kingdom «taking into account the need to protect and promote the welfare of children». A similar obligation is contained in the Children (United Kingdom) Act 1989,79 which also defines the system of assistance to unaccompanied children as «children in need» (the terminology used in the Act).80 Unlike adult asylum seekers and families, who are supported by the Home Office, the care of unaccompanied children is the responsibility of local authorities. These authorities must plan for aspects of the care of these children, including, but not limited to, their health, education, emotional and behavioural development.81 They are usually placed in foster families or children`s institutions.82 They are entitled to the same services as all children in care, although in practice they are funded by different agreements than other children. and the quality of services provided varies (and has been criticized).83 However, better consideration of the protection of unaccompanied children does not extend to the availability of legal status. These children may benefit from a special form of «leave» that exposes them to a legal limbo. These observations largely coincide with other work on the importance of identity formation for children and adolescents, including in the general field of developmental psychology.