Magdalena Skibińska

SAFEGUARDING INTERESTS AND HUMAN RIGHTS OF UNACCOMPANIED MINORS SEEKING ASYLUM IN POLAND THROUGH CIVIL PROCEEDINGS

Introduction

Safeguarding interests and human rights of unaccompanied minors seeking asylum in poland through civil proceedings. Safeguarding human rights of unaccompanied asylum-seeking minors in Poland through civil proceedings. Analyzes legal frameworks for guardianship & foster care, identifying praxis improvements.

Abstract

This paper addresses the role of civil proceedings in safeguarding interests and human rights of unaccompanied minors seeking asylum in Poland. The first part of the paper describes which human rights, including procedural rights, need to be taken into consideration during aforementioned civil proceedings in order to secure the protection of the children in question, considering their special status, both as children and asylum seekers. In the second part of the research the provisions regulating procedures for appointing a guardian (called a curator) and for placing a minor in foster care as well as their application have been discussed. This provides an answer to questions whether it is possible to respect these rights within the current legal framework and if they are respected at present. To answer these questions selected provisions of the UN Convention of the Rights of the Child, the European Convention on the Exercise of Children’s Rights, the Charter of Fundamental Rights of the European Union, two directives of the European Parliament and of the Council (the directive 2013/33/EU of 26 June 2013, which is still in force, and the directive 2024/1346 of 14 May 2024, which needs to be transposed by 12 June 2026 and will replace the directive 2013/33/EU) laying down standards for the reception of applicants for international protection and the Polish Code of Civil Procedure have been analyzed using legal-dogmatic and hermeneutical methods. The research shows that the best interests and rights of unaccompanied children seeking asylum in Poland can be effectively safeguarded in civil proceedings involving them and that Polish guardianship courts have sufficient legal means to provide protection to an unaccompanied minor by ruling in matters of custody or guardianship. On the other hand, in the area of praxis there is significant room for improvement.

Review

The paper "SAFEGUARDING INTERESTS AND HUMAN RIGHTS OF UNACCOMPANIED MINORS SEEKING ASYLUM IN POLAND THROUGH CIVIL PROCEEDINGS" addresses a highly pertinent and critical issue concerning the protection of one of the most vulnerable populations – unaccompanied minors seeking asylum. The abstract clearly articulates the paper's objective: to explore the role of civil proceedings in upholding the interests and human rights of these children in Poland. Given the increasing challenges faced by unaccompanied minors across Europe and the complexity of their legal status, this research is exceptionally timely and contributes significantly to the discourse on child protection within asylum systems. The paper promises a thorough examination of the legal framework and its practical application, offering valuable insights into a complex area of law and policy. The research adopts a structured approach, dividing its analysis into two key components. The first part meticulously outlines the fundamental and procedural human rights relevant to unaccompanied minors within civil proceedings, considering their dual vulnerability as children and asylum seekers. This sets a crucial theoretical foundation for the subsequent discussion. The second part delves into the practicalities of Polish legal provisions concerning the appointment of guardians (curators) and placement in foster care, critically assessing whether current mechanisms effectively respect these identified rights. The strength of this paper lies in its comprehensive analytical framework, drawing upon international and European instruments such as the UNCRC, ECECR, CFR EU, and relevant EU Directives, alongside the Polish Code of Civil Procedure. Employing legal-dogmatic and hermeneutical methods, the study's findings are nuanced: while the legal framework in Poland appears robust enough for guardianship courts to safeguard these children's interests, there is a stark acknowledgment of significant room for improvement in actual practice. The findings of this paper carry substantial implications for both legal scholarship and practical implementation. By demonstrating that the existing Polish legal framework, particularly concerning guardianship courts, provides sufficient means to protect unaccompanied minors, the study offers a foundational positive assessment. However, the crucial revelation regarding the gap between legal provisions and their practical application highlights an area demanding urgent attention. This insight is invaluable for policymakers, legal practitioners, and NGOs working with unaccompanied minors, as it pinpoints where interventions are most needed to ensure that the *de jure* protections translate into *de facto* safeguards. Future research could productively build upon this work by investigating the specific systemic or practical barriers contributing to the observed deficiencies in praxis and proposing concrete strategies to bridge this critical gap, thereby maximizing the protective potential of the existing legal framework. This paper serves as an essential reference for anyone concerned with the rights and welfare of unaccompanied minors in asylum contexts.

Full Text

Comments

You need to be logged in to post a comment.