Turning 18 with confidence E-Book

Rui Gomes

• Herausgeber: Council of Europe
• Kategorie: Geisteswissenschaft
• Sprache: Englisch
• Veröffentlichungsjahr: 2023

Seitenzahl: 152

Beschreibung

A practical guide to the Council of Europe Recommendation CM/Rec(2019)4 to raise awareness and improve the knowledge and capacities of relevant professionals in supporting young refugees and migrants in their transition to adulthood. Being among the most vulnerable, many young refugees experience violence, exploitation and trauma, as well as continued risk of violation of their human rights and fundamental freedoms. When they reach the age of 18, they are no longer under the protection of the United Nations Convention on the Rights of the Child. This means that, from this point, young refugees may no longer have the protection and access to rights and opportunities previously held as children, and they can face an abrupt and dramatic change in the possibility of accessing services and support across many sectors. The rights of young refugees in transition to adulthood has been a priority of the Council of Europe over many years. In 2019, the Committee of Ministers adopted Recommendation CM/Rec(2019)4 on Supporting Young Refugees in Transition to Adulthood, recommending that member states’ governments ensure that additional temporary support is available to young refugees after the age of 18 to enable them to access their rights. The Recommendation also acknowledges the important role played by youth work and non-formal education / learning in supporting the inclusion of young refugees, and in developing competences for active citizenship and democratic participation. The Council of Europe prepared this Guide to further promote and support the implementation of the Recommendation. The Guide should inspire young refugees, youth workers, policymakers, researchers and other relevant actors to familiarise themselves with, apply and support the implementation of the Recommendation in their own contexts and communities. The Guide simplififies the language of the Recommendation in order to assist various actors and stakeholders in developing a better and clearer understanding of the proposals and policy measures. A range of promising practices are likewise incorporated to exemplify how the Recommendation is being put into practice.

Leseprobe

 

TURNING 18

WITH CONFIDENCE

 

A Practical Guide to the

Council of Europe Recommendation

on Supporting Young Refugees

in Transition to Adulthood

 

[Recommendation CM/Rec(2019)4

adopted by the Committee of Ministers

of the Council of Europe on 24 April 2019]

 

Contributors

Amy Stapleton, Mehmet Gökay Özerim,

Natalia Chardymova, Anne Kayser

(Office of the Special Representative of the

Secretary General on Migration and Refugees)

 

Final edition

Rui Gomes

(Council of Europe Youth Department)

 

Contents

Click here to see the whole table of contents, or go on the « Table of contents » option of your eReader.

Introduction

Reaching the age of 18 increases the vulnerability of young refugees, asylum seekers and migrants by making them more open to exclusion, violence, trauma, discrimination, and exploitation. Important challenges are observable in practically all areas of integration, owing to the change in their status and, principally, the fact that they usually lose their access to the services and rights which they were able to access before as children. While young refugees lose the protection of the Convention on the Rights of the Child at 18 years old, their needs in education, employment, healthcare, psychological support, accommodation, and family unification remain the same.

Adopted in 2019, Recommendation CM/Rec(2019)4 of the Committee of Ministers to member states: “Supporting Young Refugees in Transition to Adulthood” (referred to henceforth as the Recommendation) asks member states’ governments to ensure that young refugees receive the additional temporary support after the age of 18 to enable them to access their rights. It also calls for recognition and the strengthening of the role of youthwork and youth sector in promoting better access to these rights, including the use of youth work [and youth sector] to build social cohesion and inclusion.

The Council of Europe Youth Department prepared this Guide to further promote and support the implementation of the Recommendation. This Guide aims to assist and inspire young refugees, youth workers, policymakers, researchers, and other relevant actors to know, apply and support the implementation of the Recommendation in their own contexts and communities.

The Guide simplifies the language of the Recommendation in order to assist various actors and stakeholders in developing a better and clearer understanding of the proposals and policy measures. It also provides indications of how each actor can support the implementation measures proposed in the Recommendation. A range of promising practices are equally incorporated to exemplify how the Recommendation is being put into practice. The Guide closes with a checklist covering various stakeholders and offering specific guidelines as to how different aspects of the Recommendation can be implemented. Finally, concrete proposals for implementation are made in the concluding chapter of this Guide.

Due to the diversity of legal, political and social realities faced by young refugees across Europe, this is not a “ready-to-use” guide on how to implement the Recommendation at national, local and regional levels. Rather, this Guide is a collection of examples, questions and guidelines that can assist policymakers, youth organisations, young people, researchers, and others in supporting young refugees’ transition to adulthood and in promoting the implementation of the Recommendation. All measures taken to support young refugees in transition to adulthood ought to be contextualised and reflect their specific situation and aspirations, the social and political environment, and the resources available.

In addition to the introduction and conclusion, this Guide is organised into three key sections, the first of which outlines the Recommendation and describes its context while providing examples of good practices which aim to encourage further action. The second section centres on taking actions which focus on promoting, raising awareness for, and implementing the Recommendation. The final section includes tick-box grids to support different stakeholders in verifying their actions and improving their practice to support the implementation of the Recommendation.

1. Rationale of the Recommendation

1.1 WHY IS TRANSITION TO ADULTHOOD SO IMPORTANT FOR YOUNG REFUGEES?

Being among the most vulnerable, many young refugees experience violence, exploitation and trauma, as well as continued risk of violation of their human rights and fundamental freedoms. When they reach the age of majority, they are no longer under the protection of the United Nations Convention on the Rights of the Child. This means that, when turning 18, young refugees may no longer have the protection and access to rights and opportunities previously held as children, and they can face an abrupt and dramatic change in the possibility of accessing services and support across many sectors. This is a reality that affects many young people, and it challenges the capacity of our societies to stand up for the most fundamental human rights and dignity, including of course children’s rights.

The transition to adulthood of young refugees has been a priority of the Council of Europe over many years. In 2019, the Committee of Ministers adopted Recommendation CM/ Rec (2019) 4 of the Committee of Ministers to member states: “Supporting Young Refugees in Transition to Adulthood”, recommending that member states’ governments ensure that additional temporary support is available to young refugees after the age of 18 to enable them to access their rights. It also acknowledges the important role played by youth work and non-formal education / learning in supporting the inclusion of young refugees, and in developing competences of active citizenship and democratic participation.

[The Committee of Ministers] Recommends that the governments of the member States: promote and apply the guidelines proposed in the appendix to this recommendation, aimed at ensuring that young refugees receive additional temporary support after the age of 18 to enable them to access their rights, and at recognising and strengthening the role of youth work and the youth sector in promoting better access to these rights, including through their work to build social cohesion and inclusion

1.2 OVERVIEW OF CHALLENGES FACED BY YOUNG REFUGEES

Youth transitions refer in a wider sense to the transition from dependency to independence, and living as an adult and autonomous member of society. This usually involves moving out from one’s parents’ home and establishing one’s own household, cohabiting, and raising children, and moving from the education system to the labour market.1

Individual challenges

The transition to adulthood is particularly challenging for young refugees as they move towards adulthood, partly due to the overnight change in legal status, as a result of moving out of the protection of the Convention on the Rights of the Child, but also as many have to adapt to a new culture and for many in an unknown language. As these young people age out of services, they may have specific challenges and needs, such as emotional, and psychological support, access to basic services, education, training and information, employment, financial supports, appropriate accommodation, healthcare, the support of a stable adult, and family reunification. .

Individual challenges

Examples of the difficulties faced by these young people include:

Being obliged to change accommodation at 18, or to cover the cost of accommodation themselves

Primary and secondary education may become harder to access, particularly for those who are over the age of mandatory education, with language barriers, previous education levels, bureaucracy, and discrimination.

Limited or reduced access to employment and financial supports due to a lack of recognition of previous qualifications but also their legal status which has often been shown to impact on access to the labour market.

Societal challenges

In addition to these challenges, young refugees in transition to adulthood have been easily forgotten, made invisible and categorised as the ‘other’, facing discrimination and stigma, rather than priority being given to their status as children transiting to adulthood. As a result, many of these young people also face constraints in their right to participate in the procedures and decision-making which affects them and structures they are in.

Challenges highlighted by the COVID-19 pandemic

The COVID-19 pandemic has introduced new challenges and exacerbated previous difficulties that young refugees already faced during their transition to adulthood; in many aspects, they are symptomatic of the vulnerability to which young refugees are exposed to. The report from the 2020 Consultative Meeting on ‘Supporting Young Refugees in Transition to Adulthood through Youth Work and Youth Policy’ provides an insight into the types of challenges noted by attendees which certain young refugees faced as a result of COVID-19. The examples presented in the meeting can be put into two categories:

Barriers to accessing rights and services

Restrictions implemented at national and regional levels (e.g. border closures, suspension of asylum procedures [either in practice or officially]) reduced the rights of access to asylum, integration processes, and legal procedures such as those relating to age-assessment procedures, civic integration exams and referral, and child protection services. The limited access to supports and services left those transitioning to adulthood at particular risk.

Travel restrictions and flight cancellations also had an impact on possibilities for family reunification.

Access to the labour market and job security was negatively impacted, particularly for those working in the informal sector.

Access to education became more challenging due to the increased move to online platforms. Certain young refugees faced limitations related to accessing online supports, software, Internet connection and equipment, but also limitations due to digital illiteracy.

Increased vulnerabilities

Certain young refugees work on the ‘front line’ (e.g. health-care workers, first responders, food and grocery workers, those providing essential services, volunteers and sanitation workers) and faced higher exposure to COVID-19.

The limited access to accurate information regarding the pandemic and related restrictions led to increased vulnerabilities.

Due to increased isolation, mental-health challenges, the closure of services and postponement of migration procedures, the pandemic and related restrictions were reported as increasing young refugees’ susceptibilty to psychological difficulties. Certain young refugees and newcomers were heavily exposed to particular challenges, for example, people with disabilities, LGBTQ people, stateless youth and pregnant women.

Xenophobia and discrimination were suggested to be on the rise due to young refugees being, in certain cases, labelled as spreaders of COVID-19.

The various challenges facing young refugees in transition to adulthood were acknowledged by several member states who introduced a number of national measures to tackle the difficulties. The European Migration Network ‘Annual report on asylum and migration 2020’ outlined several of the measures implemented. To support unaccompanied minors as they age out of care services at 18, France, for instance, suspended their transfer of young people who became adults to adult facilities during the state of emergency. Other member states also introduced specific supports for unaccompanied minors who were transitioning to adulthood. In Finland, from July 2020, young people who had entered the country as unaccompanied minors and were granted a residence permit, gained aftercare entitlements until the age of 25 (previously until 21). Latvia also provided financial and in-kind benefits for unaccompanied minors transitioning to adulthood. Spain introduced measures which enabled unaccompanied minors who had an authorisation to reside in the country to access employment from aged 16 years (European Migration Network, 2020).

1.3 THE COUNCIL OF EUROPE AND YOUNG REFUGEES

The Council of Europe’s work on Migration

The Council of Europe has focused on migration in several ways. A Special Representative of the Secretary General on Migration and Refugees was appointed in 2016 to “to carry out fact-finding missions, strengthen co-ordination of the relevant activities within the Council of Europe, and establish communication and co-ordination channels with our international partners collect information on the situation facing migrants and refugees and their rights in Europe”. Since 2017, the Council of Europe has been implementing the European Qualifications Passport for Refugees, a document which provides an assessment of the higher education qualifications based on available documentation and a structured interview.

In the same year, the first Council of Europe Action Plan on protecting refugee and migrant children (2017-2019) was adopted by the Council of Ministers. This Action Plan included proposed further action of “[p] olicy recommendations on assisting young refugees and migrants, in particular unaccompanied minors, in their transition from childhood to adulthood to be prepared in co-operation with the relevant stakeholders” (Council of Europe, 2017: 18). The Council of Europe Youth for Democracy programme contributes to the implementation of this Action Plan by promoting young people’s access to rights and supporting them in advocating for human rights and democracy education, facilitating young people’s autonomy and participation, and engaging young people in peace-building and social cohesion.

The subsequent Action Plan, which takes a wider scope, was introduced in 2021, and aims at addressing the main challenges and opportunities found since the previous plan. The Council of Europe Action Plan on Protecting Vulnerable Persons in the Context of Migration and Asylum in Europe (2021-2025) was adopted by the Committee of Ministers of the Council of Europe in 2021. The Action Plan has four pillars: three based on the core mandate of the Council of Europe – human rights, democracy and the rule of law – and a fourth transversal pillar which centres on co-operation.

The war in Ukraine

The war in Ukraine forced over six million people to flee the country, the vast majority of which are women and children / young people. Throughout the visits to neighbouring countries to Ukraine, the Special Representative on Migration and Refugees of the Council of Europe confirmed the heightened risk of trafficking, violence and abuse for refugees in situations of vulnerability, for children and young people going missing, and for sexual and labour exploitation. Many young people faced many experienced traumas, and difficulties with access to healthcare and adequate psychological support.

Other barriers, such as access to education in the host countries as the schools were not ready to accommodate so many refugee children and young people, prevent young people from social inclusion and integration.

Access to adequate housing and the job market is key for integration and inclusion in the medium- and long-term, which is still a big issue for many young people. The new crises worsened the vulnerability of refugees in Europe in general, it exacerbated already existing problems, and highlighted the most urgent areas for taking action on. In this reality, the implementation of the Recommendation on supporting young refugees in transition to adulthood becomes more urgent than ever.

The Council of Europe’s work on the transition to adulthood

The transition to adulthood of young refugees has been a Council of Europe priority for several years. The Council of Europe youth sector engages in setting and promoting standards to address the challenges faced by young people, and has been central in driving activities related to the transition to adulthood. The Youth Department has run a range of activities targeting young refugees, and for youth workers working with young refugees, which are highlighted below.

Being a Young Refugee in Europe Today

This seminar was organised by the Directorate of Youth and Sport of the Council and Europe and the UNHCR as part of the All Different-All Equal campaign in 2006.

Result: Out of this training seminar, the international youth network Voices of Young Refugees in Europe (VYRE) was created by, with and for young refugees, and it aims to support the participation and inclusion of young refugees in European societies and in decision-making. Since 2008 when the organisation was established, VYRE has been an important partner of the Council of Europe Youth Department by contributing to consultations and advocacy, and running meetings, seminars and training courses related to the rights and challenges faced by young refugees in Europe.

VYRE also published a report in 2016 on the transition to adulthood of young refugees which recommended that policies and initiatives related to the transition to adulthood be reintroduced as a core focus (Voices of Young Refugees in Europe, 2016).

Training seminar, What Future for the Work with Young Refugees, IDPs and Asylum-Seekers?

This seminar stressed that young refugees, asylum seekers and other youth in need of humanitarian protection aged 18-30 are a group in Europe with specific needs.

Result: Two consultative meetings which focused on the social needs and rights of young refugees and asylum seekers during their transition to adulthood followed this seminar.

These meetings, as well as further advocacy actions, led to the report, ‘Unaccompanied migrant children: what rights at 18?’. This resulting report and the Resolution 1996 (2014) Migrant Children: What Rights at 18?, were adopted by a Committee on Migration Refugees and Displaced persons (AS/Mig) of the Parliamentary Assembly of the Council of Europe. The aim of the report and resolution was to develop inter-sectoral co-operation for supporting young refugees and asylum seekers during their transition to adulthood.

Statement of the Joint Council on Youth

In response to the situation faced by thousands of refugees and asylum seekers arriving in Europe and the impact on young people, the Joint Council on Youth adopted a statement on the refugee crisis in October 2015. The statement called for special attention to be given to vulnerable groups (including young refugees, asylum seekers and migrants) through capacity-building opportunities for more inclusive and peaceful societies. The statement also stressed the importance of continuous, coherent, and synergistic efforts among relevant stakeholders to uphold and protect the basic human rights of these vulnerable groups.

Results:

This statement led to further debate on addressing the issues facing young refugees during the transition to adulthood.

Because of the Joint Council Statement and the subsequent debate, the decision was made to convene a group of experts who would draw up a set of guidelines to be put to the Committee of Ministers or to the Joint Council.

Consequently, a meeting was organise