Unaccompanied Migrant Children and the Implications of Brexit

Abstract

The protection of unaccompanied minors (UAMs) is a moot legal and policy matter both at the European and international levels. The 2015/16 ‘refugee crisis’ has exposed the weaknesses in design and implementation of the Common European Asylum System (CEAS) with respect to the protection of child refugees in general, and UAMs in particular. In light of these shortcomings, the European Commission set out to reform the CEAS rules with the aim of bolstering the human rights protection dimension. This chapter will discuss the implications of Brexit on UAMs from a gender perspective by arguing that male UAMs, in particular, will be most affected by it. Without the EU regime (legal and policy) of rights protection, male UAMs in the UK will face reduced children’s rights protection, lack of specific safeguards for UAMs, such as guardianship, and, therefore, will be exposed to the risks of child trafficking and exploitation.