GERMANY: Contempt for refugee children
01 May 2002
In January 1990, the Federal Republic of Germany signed the UN Convention on Children's Rights. The Convention prohibits any discrimination against children and declares that the child's welfare is a top priority. In 1992 the German parliament expressed five reservations, two of which refer to refugee and foreigners' children: (i) a general clause stipulates that the Convention should not be directly applied in Germany, as national law is deemed adequate, and because it is perceived as interference with German sovereignty; (ii) "nothing can be interpreted as allowing unlawful entry or stay of foreigners,... or that it restricts the right of the Federal Republic of Germany to limit laws and ordanances on the entry and the conditions of stay or distinguishing between Germans and foreigners". Bremen's Senator for the Interior has expressed the opinion that in cases where children are with their parents, children's rights considerations are irrelevant for immigration decisions.
Consequently, the convention is not fully applied to child refugees, unaccompanied minors (1,068 in 2000) or the children of foreigners. The reservation permits unequal treatment of indigenous and foreign children, in particular under asylum regulations (as well as with respect to the Children and Youth Support Act, KJHG). There is no obligation for unaccompanied minors (from the age of 16) to be legally represented, and they are treated as fully responsible for themselves. Asylum law treats them as adults. Care for unaccompanied refugee minors is refused, as well as guardianship or being placed in the charge of the Youth Authority. Because of residence obligations in the Asylum Procedure act, even unaccompanied minor refugees are refused permission to be transferred to another city where they have relatives.
Furthermore, no refugee child is entitled to special children's rights and no special provisions are offered. Because refugee children are subject to general asylum legislation they, like adults, are not entitled to full medical treatment. Unaccompanied minor refugees are frequently kept in accommodation for adults or even in detention. Minors are not exempt from deportation so education, training or other crucial steps in socialisation are neglected. Although there is an obligation for schooling and although the Sixth Family Report of the Federal Government insists that "an interruption of the education of children and youth shall be prevented under any circumstances", in practice children and youth individually or as members of families can be deported at any time. Equally, the right to family life, motherhood and childhood (Declaration of Human Rights, Art. 16, Art. 25/2; German Constitution, Art. 6) of refugees and foreigners has been violated in cases where one member of a family or a couple is deported whilst other members, wives or children have a "safe" status. Numerous cases of violations have been compiled by the Association of Bi-National Families covering the right to family life, for example refused marriages or family reunification with children or wives.
As early as 1995, the UN Committee on the Rights of the Child expressed its deep concern about the situation of refugee children in Germany. Although the Social Democrats, while in opposition, promised legal reform this has not been introduced. The Federal Working Association Youth Social Work (BAG JAW) has demanded that "refugee children shall not be excluded from any provisions,...child and youth welfare legislation must have priority over immigration legislation". A National Coalition for the Implementation of the UN-Convention on Children's Rights, supported by over 100 major welfare organisations has been set up but, as yet, with little impact.
The treatment of a group of about 550 stateless Kurdish refugees from Lebanon, who have been living in Bremen since their arrival, serves as a representative example, (see also Statewatch vol 11 no 1). Most of the parents and gra