ABSTRACT

This chapter explores the conformity of the Common European Asylum System (CEAS) with the rights of the child relating to protection and care. A general source for this right is the best-interests principle, which includes the obligation to ensure to the child such protection and care as is necessary for his or her wellbeing. The chapter is divided into two substantive sections. The first section deals with the protection and care of the accompanied child. The second section deals with the protection and care of the unaccompanied or separated child. This chapter deals with two rights: the right of the child to family unity and the right of the child without family to special protection and assistance by the state. In the case of the former, the normative content of the right was delineated along two lines: the concept of derived rights and the prohibition on separating a child from his/her parents against their will.