Unaccompanied Minor Refugees. Problems and Possibilities of Integration

Dossier / Travail , 2016 , 31 Pages , Note: 1,0

Travail Social

What possibilities are there to promote integration among unaccompanied refugee minors as an educational worker? My thesis is based on this research question. The theoretical examination of the topic is the foundation of the pedagogical integration work.

First, I defined the central terms "unaccompanied minor refugees" and "integration". Then I refer to the reasons for the flight of the juveniles. These are very diverse, which is why I also refer to the respective countries of origin of the juveniles. The course of the work with these juveniles, is determined by legal regulations.

Subsequently, I list the different forms of youth welfare for unaccompanied minor refugees. This point includes the different facility forms of accommodation, in which educators can also be active.

Furthermore, I will deal with the specifics of socio-educational work, followed by the problems, as well as the possibilities of integration. In my conclusion, I will briefly discuss the perspectives of unaccompanied minor refugees, as well as their significance in society if integration is successful.

Table of contents

1 Introduction

2 Definition
2.1 Unaccompanied minor refugees
2.2 Integration

3 Reasons for fleeing

4 Processes and procedures
4.1 Legal basis
4.2 Convention Relating to the Status of Refugees
4.2.1 Hague Protection of Minors Convention
4.2.2 Convention on the Rights of the Child (CRC)
4.2.3 Resolution of the Council of the European Union
4.2.4 Entry
4.3 Age determination
4.4 Placement
4.5 Clearing procedure

5 Forms of youth welfare
5.1 Full-time care
5.2 Residential education
5.3 Intensive socio-pedagogical individual care (ISC)
5.4 Integration assistance for mentally handicapped children and young people
5.5 Youth social work
5.6 Common forms of housing for mothers, fathers and children

6 Special features of socio-pedagogical work with UMFs

7 Problems of integration
7.1 Lack of schooling
7.2 Language
7.3 Culture / Religion
7.4 Exclusion and discrimination

8 Possibilities of integration
8.1 Education
8.1.1 School education
8.1.2 Training
8.2 Leisure activities
8.3 Projects

9 Conclusion, Outlook

10 Bibliography

11 List of figures

12 List of abbreviations

1 Introduction

Looking back at 2015, the refugee crisis is one of the main topics in the media. The year 2015 is therefore also referred to the ''refugee year''. Every day, the media in all forms report on the increasing number of refugees in Germany, Europe and the whole world.

The reasons for this are the drastically increasing number of asylum seekers and the subsequent impact on our society. In 2014, more than 50 million people worldwide were on the run. 2015 was the year in which more people than ever before sought asylum in Germany. According to the Federal Office for Migration and Refugees (“Bundesamt für Migration und Flüchtlinge“ BAMF), around 476 thousand initial asylum applications were submitted last year. Compared to the previous year, this is around 273 thousand (135 percent) more asylum applications. In a quote from the Federal Minister of the Interior Dr. Thomas de Maizière it says: "With over 476,649 asylum applications last year, we achieved the highest number of asylum seekers' access ever recorded in Germany. The actual number of people who have entered the country for the purpose of applying for asylum is significantly higher. This enormous influx has presented us with challenges that have not existed since the immediate post-war period. [...]'' (Dr. de Maizière, Thomas, 2016); ( Bundesministerium des Innern - Referat Presse; Öffentlichkeitsarbeit; Internet (Hrsg.): ,, 2015: Mehr Asylanträge in Deutschland als jemals zuvor‘ , under https://www.bmi.bund.de/SharedDocs/Pressemit-teilungen/DE/2016/01/asylantraege-dezember-2015.html (accessed 10.01.2016)

For educators, this results in a field of work that has never been of such great importance. Among the families and the adult, adult asylum seekers, there is also the group of unaccompanied minor refugees who have travelled to Germany without parents or other caregivers and are looking for asylum. These have a special status of refugees, as this group falls under the Child and Youth Welfare Act.

The topic of my thesis is: "Unaccompanied minor refugees – problems and opportunities for integration". In choosing this topic, I had the following motivations. Since the big media present, my interest in the topic of flight and asylum in general has been awakened. Since then, I have been following current events. During a project week at my school, I became aware of the group of unaccompanied minor refugees. During the project week there was the possibility to visit a facility for them. I really enjoyed the visit and aroused my interest in this field of work. The decision was very easy for me when my practice position for the upper course asked if I could also imagine working with unaccompanied minor refugees. With this decision, the topic of my specialist work was also fixed. Through the practical experience in the 1st internship block and the theoretical examination of this topic, I realized that integration is the "A and O"" for pedagogical work with unaccompanied minor refugees. I ask myself the following question: "What possibilities are there to promote the integration of unaccompanied minor refugees as educators?"

My thesis is based on this research question. The theoretical examination of the topic represents the foundation of the pedagogical integration work. First, I defined the central terms "unaccompanied minor refugees" and "integration." Then I refer to the reasons for the young people's flight. These are very diverse, which is why I also refer to the respective countries of origin of the young people. The course of work with these young people is determined by legal regulations. I refer to these in the next outline point. Building on this, this results in certain procedures and procedures, which I will therefore describe. After this point, the theory and practice merge and are difficult to separate. First of all, I list the various forms of youth welfare for unaccompanied minor refugees. This point includes the different forms of accommodation in which educators can also work. Furthermore, I will go into the peculiarities of socio-educational work, followed by the problems, as well as the possibilities of integration. In my conclusion, I will briefly discuss the prospects of unaccompanied minor refugees, as well as the importance in society if integration succeeds.

My technical work is essentially limited to the unaccompanied minor refugees, as this group of young people is important for educational work. With regard to refugees in general, I will nevertheless deal with a few points, as individual issues cannot be separated. The field of work in this area is very diverse. For practical relevance, I primarily refer to the profession of educator. In the theoretical debate, I will briefly discuss the Dublin III procedure. I have narrowed this down because in my opinion it is too profound and not important for integration. The unaccompanied minor refugees who come to Germany are predominantly male adolescents aged 16-17. I mainly refer to working with male unaccompanied refugees, as this is very crucial for educators. I only refer in part to young women, as this tends to be a rarity and would go far than the scope of my specialist work.

In my further remarks I use the abbreviation UMF/UMFs. This is the official abbreviation for the term: “unbegleiteter minderjähriger Flüchtling/unbegleitete minderjährige Flüchtlinge “ - "unaccompanied minor refugee/unaccompanied minor refugee". The official name for this group has changed in the course of my work. The new term is "Unaccompanied Minor Foreigners" (“Unbegleitete minderjährige Ausländer“, UMAs). Since the change took place only after the beginning of my elaboration, I keep the original name.

2 Definition

2.1 Unaccompanied minor refugees

The term "unaccompanied minor refugees" is composed of three characteristics.

The term ''unaccompanied'' indicates that the children and adolescents are separated from their parents or caregivers. The term includes minors who entered Germany without parents or other responsible persons or were left unaccompanied.

The second term ''minors'' refers to international and national law. "Minor" is someone who has not yet reached the age of 18. (cf. Convention on the Rights of the Child Art.1; § 7 SGB VIII, 1992)

Finally, the term refers to the status of the "refugee.""A refugee is a person who is outside the country of which he is a national because of a well-founded fear of persecution, race, religion, nationality, membership of a particular social group or political opinion and is unable or, because of these fears, does not want to avail himself of the protection of the country; or is as stateless as a result of such events outside the country in which he had his habitual residence and cannot return there or does not want to return there because of the aforementioned fears.'' (UN: Convention Relating to the Status of Refugees, Geneva, 1951)

2.2 Integration

The term integration comes from the Latin word "integratio", the restoration of a unit. According to Duden, integration is the "Connecting a multiplicity of individual persons or groups into a social and cultural unit". (Bibliographisches Institut GmbH, Dudenverlag,(ed.): ''Integration'', under: http://www.duden.de/rechtschreibung/Integration (accessed on 04.11.2015))

3 Reasons for fleeing

The UMFs come outweigh afghanistan (23.9%), Eritrea (21.0%) and Syria (14.9%). Thus, more than half of the young people (59.8%) from these three countries of origin. 12.9% of the UMF comes from Somalia. 27.3% of minors come from other countries of origin, such as Iraq, Sudan, Congo and India.

Abbildung in dieser Leseprobe nicht enthalten

Figure 1 "Unaccompanied minor asylum seekers by country of origin in 2014"'

The UMFs come to Germany, as do adults, because they are fleeing war, civil wars, unrest, crises, conflicts, poverty and natural disasters in their countries of origin and seeking protection. Other causes of flight can be persecution and dangers due to ethnic or religious affiliation. In this way, people from Afghanistan are fleeing terror and violence. Over 6,800 people were injured in 2014, and nearly 3700 were killed. Eritrea is the country with the most repressive regime in the world. There, people are fleeing from the military dictatorship. Syria is by far the main country of origin of all asylum seekers. In 2016, this represented 23% of all asylum seekers in Germany. (PRO ASYL, Bundesweite Arbeitsgemeinschaft für Flüchtlinge (Hrsg.), 2015: Aus Krieg, Gewalt und blanker Not – Asylsuchende. In Tag des Flüchtlings 2015, p. 27)

Children and young people are particularly hard hit by human rights violations for the reasons I have just mentioned. Children and adolescents are the most vulnerable mentally and physically. In a quote from Jordan, it is undisputed that UMFs are among the most vulnerable victims of the circumstances in their country of origin. As minors, these have specific physical, psychological and social needs. They suffer most from violence and mistreatment, poverty and hunger, political and social pressure, the dissolution of traditional family, tribal or community structures and a lack of educational opportunities. (cf. Jordan, Silke: Fluchtkinder, Allein in Deutschland. Karlsruhe 2000, p. 19)

Like the adult refugees, the UMFs are fleeing from the so-called ''push factors''. Push factors are circumstances in the country of origin that cause migratory pressure.B, such as war, persecution, unstable political conditions, environmental destruction, adverse living conditions and poor labour market opportunities. Similarly, child- and youth-specific reasons for fleeing the home country can also be determined.

In asylum hearings by the Federal Office for Migration and Refugees, the following reasons were given, among others. The minors have lost their parents through abductions, death in acts of war or diseases such as HIV/AIDS. There were also mentions of a lack of or insufficient opportunities for education or training and, in general, a lack of prospects for the future.

According to the BAMF, fear of the threat of female genital mutilation in African countries, forced marriage, sexual abuse or forced prostitution of girls and young women are frequent reasons for fleeing. Occasionally, the underage asylum seekers mentioned slavery and child labor (Afghanistan, Kenya), persecution for conscientious objection and fear of conscription (Russian Federation) or forced conscription as a child soldier (African countries). (cf. Riedelsheimer, Albert: Die Rechte von Flüchtlingskindern stärken, in: Deutsches Institut für Menschenrechte, Die Menschenrechte von Kinder und Jugendliche stärken: Dokumentation eines Fachgesprächs über die Umsetzung der Kinderrechts-konvention in Deutschland. Berlin 2006, p. 4; Liebel, Manfred: Wozu Kinderrechte? Fundamentals and perspectives. Weinheim/Munich 2007, p.160)

In addition to these reasons for fleeing, it happens that the UMFs are sent by their parents to Europe so that their children can live there more safely, can do an education or work in Europe in order to contribute to the livelihood of the family. 75% come to Germany in the hope of a better life and greater future prospects and only 25% due to flight from war or political persecution in their country of origin. This information is not scientifically verifiable. The reason for this is that the UMFs must have reached a certain degree of maturity in order to credibly describe the circumstances of the flight. It can be difficult for them to explain the exact reason for their flight. (cf. vgl. Abgeordnetenhaus Berlin: Kleine Anfrage der Abgeordneten Dr. Margit Barth (Die Linke) vom 12. Juli 2007 und Antwort, „Minderjährige unbegleitete Asylsuchende“. Berlin 2007, p.1)

4 Processes and procedures

The following remarks refer to Working Paper 26, which was commissioned by the Federal Office for Migration and Refugees. In the following, therefore, I refer only to the corresponding page number. (Bundesamt für Migration und Flüchtlinge, Parusel Bernd: Unbegleitete minderjährige Migranten in Deutschland - Aufnahme, Rückkehr und Integration, Working Paper 26, Studie 2, 2008)

4.1 Legal basis

The respective contracting states, including Germany, undertake to guarantee the protection of unaccompanied minor refugees in four international agreements. These are briefly named below. p. 14

4.2 Convention Relating to the Status of Refugees

International refugee law is based on this convention of 1951. The Convention Relating to the Status of Refugees contains no special rules for unaccompanied minor refugees. However, general legal protection also applies to children and young people, as this convention does not set out any age limits. The purpose of this Convention is to conclude the requirement of a child-friendly interpretation from it. (ibid.)

4.2.1 Hague Protection of Minors Convention

The State in which a minor is habitually resident is, in principle, responsible for the protection of the minor and his or her assets. This is stated in article 1 of the Hague Protection of Minors Convention of 1961. A habitual residence exists if a minor has been in the country for six months or if it was already established at the beginning that his centre of life should in future be in that country. The competent authorities and courts are obliged under Article 2 to take the protective measures provided for by national law for minors. These protective measures include, for example, accommodation in a youth welfare institution, the appointment of a guardian or carer and the regulation of residence. (P. 15)

4.2.2 Convention on the Rights of the Child (CRC)

On 20 November 1989, the Convention on the Rights of the Child was adopted by the United Nations People's Assembly and entered into force in Germany on 5 April 1992. Article 2(1) covers the requirement of equal treatment. In particular, Article 2 of the UN Convention on the Rights of the Child (e.B discrimination based on race, colour or ethnic origin. Also because of gender, language, national origin, religion and political or other views. Furthermore, Article 2 prohibits discrimination on the grounds of social origin, property or disability. Article 3 stipulates that all public or private social welfare bodies, administrative authorities, courts or legislative bodies shall give priority to the best interests of the child in all measures affecting children. The child may only be separated from his parents if this is done for his benefit. It is also stipulated that the children are entitled to special assistance and protection from the State (Article 20): Children who are recognised as refugees must receive adequate protection and humanitarian aid. (CK, Art. 9, Art. 22; p. 15)

4.2.3 Resolution of the Council of the European Union

On 26 June 1997, the Council developed common standards in the European Union for areas such as entry, residence and care. These standards include, for example, that underage asylum seekers should participate in the entire social infrastructure. (P. 16)

The Handbook of European Law (HER) states: In accordance with Article K.1(1) of the Treaty, Member States regard asylum policy as a matter of common interest. Unaccompanied minor nationals of third countries are generally in need of protection, which is why they require special protection and care. Whereas the recognition in the territory of the Member States of the vulnerability of unaccompanied minors justifies the established common principles for dealing with such situations; This resolution shall be without prejudice, in accordance with Article K.2(1) of the Treaty, of the international obligations of the Member States under the European Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950.' (Handbuch des Europäischen Rechts: ,, ENTSCHLIESSUNG DES RATES vom 26. Juni 1997 betreffend unbegleitete minderjährige Staatsangehörige dritter Länder. 2016, p.23)

4.2.4 Entry

The minors, as well as all other refugees, come to Germany by air, land or sea. Often escape helpers, smugglers or smugglers are involved.

The Dublin procedure also applies to unaccompanied minors. A Dublin procedure examines which European state is responsible for carrying out the asylum procedure for refugees. The European Union (EU) has regulated that asylum seekers may only go through an asylum procedure in one of the EU countries. In the state in which the refugee was the first to enter EU territory, he is responsible for this. This is regulated in the Dublin III Regulation. If an asylum seeker is not in the state responsible for him, he is threatened with deportation there. If what has just been described is established, these refugees will no longer have the right to asylum in Germany.

The UMFs come like all other refugees, in most cases first in a country's first reception centre. There they are registered and tested for the first time. If this Dublin procedure is not available and no rejection is possible, the UMF will be forwarded to the responsible immigration authority or to the youth welfare office. In rare cases, the young people are sent by the police directly to residential, care or clearing facilities (see 4.5 Clearing procedure, p.12) hand over. They then have to inform the responsible youth welfare office or the responsible immigration office. (cf. Förderverein PRO ASYL e.V.(Hrsg.): erste Hilfe gegen Dublin-Abschiebungen, Basiswissen und Tipps für die Einzelfallarbeit. Frankfurt, 2015; p.5)

4.3 Age determination

In order to be able to decide how to proceed in individual cases, it is first important to know the age of the people entering the country. This is often problematic in practice, as the refugees often do not carry any identity documents with them. According to the Federal Police, the young people often make manifestly false statements about their actual age.

According to the recommendations of the EASO Handbook - a work programme of the European Asylum Support Office and the implementation of the Common European Asylum System, the following must be taken into account when setting an age (Figure 2). In all measures, the best interests of the child come first. Age determinations should only be made in case of doubt about the specified age. Before using medical methods, documents such as identity cards or other evidence should first be taken into account. The asylum seekers have the possibility of contestation if, according to them, the age determination is not correct. (Informationsverbund Asyl und Migration e.V., 2014: "EASO-Studie zur Altersbestimmung bei minderjährigen Asylsuchenden", URL: http://www.asyl.net/index (accessed on 18.11.2015))

Abbildung in dieser Leseprobe nicht enthalten

Figure 2 "Method for determining age according to the Hamburg model".

4.4 Placement

According to §42 of the SGB VIII, the Youth Welfare Office has the responsibility to take the affected children and young people "into care". This is a short-term protective measure, which authorizes the Youth Welfare Office to temporarily accommodate the UMF with a suitable person, in a suitable institution or other form of housing. This accommodation should usually not last longer than 2 weeks. According to my experience, which I made in the practice of taking into care, this rule can only be observed in the rarest cases. The reason for this is the high number of UMF travel to Germany and the subsequent lack of accommodation for UMFs. Likewise, the too low employee key of the youth welfare office promotes. Immediately after taking into care, a custody order is applied for at the family court to appoint a guardian or caregiver for the UMF. A suitable accommodation is also being sought. For this purpose, the Youth Welfare Office turns to the youth welfare institutions of independent institutions or state-owned, municipal and free clearing institutions. After the transfer of the UMF in an accommodation that complies with the SGB VIII standards, the further care of the UMF, as well as the pedagogical support takes place. This also includes primary care. Figure 4 (see Annex) shows the content of these. (Bundesarbeitsgemeinschaft Landesjugendämter, Nowakowski Thomas, 2014: Hand-lungsempfehlungen zum Umgang mit unbegleiteten minderjährigen Flüchtlingen - Inob-hutnahme, Clearingverfahren und Einleitung von Anschlussmaßnahmen, p.13 f.)

4.5 Clearing procedure

The clearing procedure takes place in clearing houses which are run as youth welfare institutions. The aim of this procedure is to clarify the age of children and young people, the level of development and education and the health of children and adolescents.

An attempt is made to ask whether the UMF has had traumatizing experiences, whether an asylum application should be made or whether a toleration or return to the country of origin should be sought. It is also asked whether family members live in Germany or a third country who can take care of the young person. Furthermore, the reasons for the escape are inquired or determined.

The clearing houses have the task of providing accommodation and care suitable for young people, as well as participation in language courses and schools. Figure 3 shows the clearing procedure at a glance. (ibid.; Deutscher Caritasverband e.V.: ,,Glossary Migration: Clearingverfahren, under http://www.caritas.de/glossare/clearingverfahren (accessed 01.12.2015)

Figure 3: "Clearing procedure at a glance".

Abbildung in dieser Leseprobe nicht enthalten

In principle, the young refugees have access to the full range of services on the basis of the individually justified care needs of youth welfare. After completion of the clearing procedure, various forms of assistance are available to young asylum seekers.

According to the Federal Association for UMF, the following problem areas can be suspected when determining the individual need for help: Vulnerability, trauma to flight and the experience of violence, loss of parents or family of origin, termination of the school and professional life context, lack of realistic life planning and an as yet unfinished maturation process. These potential problem areas must be carefully taken into account in social care. (P. 57)

5.1 Full-time care

Full-time care takes the form of accommodation in foster families. The Youth Welfare Office is responsible for issuing a care permit and supporting the foster family. This form of help usually only applies to younger refugee children. The requirement of assistance for education in the sense of pedagogical care, in a professional way, is fulfilled in households of family members only in rare cases. (p. 58)

5.2 Residential education

Residential education is, within youth welfare, the most common form of accommodation for UMFs. This includes all forms of homes, dormitories, youth housing communities, therapeutic residential groups, up to supervised individual living. The facilities can be looked after around the clock, i.e. fully supervised, or even partially supervised. The appropriate form of housing is found, according to the individual needs of the young people, in the course of the help planning. (ibid.)

5.3 Intensive socio-pedagogical individual care (ISC)

The ISC is one of the aids to education (HzE). The UMFs are particularly intensively supervised. It can be inpatient, outpatient or complementary to other forms of help. The aim of ISC is to develop a way of stabilization together with the affected young people. This is intended to show a perspective of their integration in social contexts as well as personal and school development. Likewise, this form of help serves as support and accompaniment in coping with crises as well as in becoming independent, e.B. to move into one's own apartment. (ibid.; Lebenswelt gGmbH, o.J.: ,,Intensive Sozialpädagogische Einzelbetreuung (§ 35 SGB VIII)"' under:

http://www.lebenswelt-berlin.de/index.php/de/ambulante-erziehungshilfen/intensive-sozialpaedagogische-einzelbetreuung (accessed 08.01.2016))

5.4 Integration assistance for mentally handicapped children and young people

This form of help is outpatient or semi-inpatient. As a rule, a longer care takes place and is therefore a cost-intensive care. Children and young people who are mentally handicapped or threatened by such a disability are entitled to integration assistance under the Child and Youth Welfare Act. For example, this is the case if the child or adolescent suffers from physically unmanageable psychoses, mental disorders, seizure disorders, addictions, neuroses or personality disorders. As a result of these psychological stresses, participation in social life can be impaired in social, educational or professional terms. (ibid.; Dr. med. Erdélyi, Paul, o.J.: ,,Eingliederungshilfe für seelisch behinderte Kinder und Ju-gendliche‘‘, at:

http://www.lwl.org/lja-download/pdf/Eingliederungshilfe_fuer_seelisch_beh_j_Menschen_35a.pdf (accessed 08.01.2016))

5.5 Youth social work

Youth social work offers socio-educational support. The focus is on the promotion of school and vocational training. The form of assistance may also include a right to a socio-educational form of housing. These can also include various forms of support, e.B. language support or school social work. (P. 58)

5.6 Common forms of housing for mothers, fathers and children

An entry of an unaccompanied minor girl with a baby or toddler occurs in the rarest cases. If this is the case, the female UMF can be cared for and promoted in a suitable form of living. (ibid.)

[...]

• Note: 1,0
• Auteur: Maria Dietl (Auteur)
• Année de publication: 2016
• Pages: 31
• N° de catalogue: V1183396
• ISBN (PDF): 9783346597267
• Langue: anglais
• mots-clé: unaccompanied, minor, refugees, problems, possibilities, integration