Access to Legal Assistance for Unaccompanied and Separated Children

Unaccompanied and separated children interact with complex legal, administrative, and other systems at all stages of their migration journeys, whether they are applying for asylum or other forms of protection, seeking to reunify with a family member, or attempting to access safe and regular pathways. As children with unique vulnerability and lack of parental care, unaccompanied and separated children are entitled to special protection and assistance. Furthermore, the UN Committee on the Rights of the Child has made clear that, due to the potential complexity of their cases, unaccompanied and separated children should be provided with a legal representative (lawyer), free of charge, in the context of best interests assessments and within best interests determination procedures, as well as in all asylum, administrative, or judicial proceedings that may affect them, in addition to a guardian, who can act on their behalf to access a range of rights. The Committee has also noted that free, qualified, and independent legal representation is a prerequisite to upholding children’s rights to have their best interests considered and to express their views in all matters impacting them.