Investigating human rights
cannot refer to any Austria-wide standardised procedures with regard to care
of unaccompanied minor refugees. The draft of the Salzburg Children’s and
Youth Service Act 2014 (Salzburger Kinder- und Jugendhilfegesetz) stipulated
that unaccompanied minor refugees should be excluded from the personal
scope of application of the law. This shows clearly that there is a need for
action.
In an ex-officio investigative proceeding, the AOB contacted all the Laender
and asked how many emergency facilities and special socio-pedagogical
residential places in shared accommodations and in foster homes are
available. Additionally, the AOB investigated whether all of the services
provided by child and youth welfare authorities and organisations, e.g.
therapy to process the experiences during their flight, are available to these
minors and how many minors the individual Land is already caring for.
Comprehensive
research regarding the
situation
The investigative proceeding clearly revealed that there are major
differences among the individual Laender with regard to the treatment of
unaccompanied minor refugees. This begins directly after the children and
adolescents arrive without being accompanied by police. Whether they
are brought to a reception centre; when the application for care is made;
whether child and youth welfare authorities are responsible for approval and
supervision of facilities; whether they are cared for in child and youth welfare
facilities, by foster parents or in facilities that provide reception conditions
under the Basic Provision Agreement; whether higher per diem rates and
additional services are assumed by child and youth welfare authorities when
necessary and whether they can continue to be supported after reaching their
age of majority within the scope of assistance for young adults: all of this
depends essentially on which Land is responsible for them. The assignment
to facilities that provide reception conditions under the Basic Provision
Agreement is made mainly based on available capacities. Concrete care and
support requirements of the minors are neither systematically assessed nor
sufficiently taken into consideration. The logical consequence is poorer care.
There is a deficit of general support structures for children who are victims
of human trafficking. This was also criticised by GRETA (Group of Experts
on Action against Trafficking in Human Beings), the supervision committee
of the Council of Europe to implement the Council of Europe Convention
on Action against Trafficking in Human Beings. The commissions of the
AOB have visited some of these facilities and in some cases, have found
unacceptable conditions (see p. 106 et seq.).
The Supreme Court ruled in 2005 that reception conditions under the Basic
Provision Agreement cannot replace care and that an unaccompanied
minor refugee must be assigned a party responsible for his or her care. It
can be derived from this ruling that the Laender must consider the welfare
of all children and adolescents a priority. Differentiating between Austrian
and alien children represents discrimination of the unaccompanied minor
Reception conditions
under the Basic
Provision Agreement
insufficient
55
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