International recommendation

Situation of asylum-seeking minors

Issue date:
Human rights body:
Committee on the Elimination of Racial Discrimination (CERD)
Themes:
Equality and non-discriminationImmigration detention and reception centres
Populations of concern:
Asylum seekers and refugeesChildren
Relevant CERD article:
Art. 5 – Enjoyment of rights without racial discrimination
Source:
CERD/C/NOR/CO/23-24, para. 28

Recommended measures (3)

28. The Committee recommends that the State party ensure that all children in Norway have the same rights, without discrimination, and ensure:

Measure
Measure type:
Institutions, practices and guidelines
Responsible Ministry:
Ministry of Justice and Public Security

(a) That detention of asylum seekers is only used as a measure of last resort, for the shortest possible period of time, and that efforts are made to prioritize alternative measures to detention.

Measure
Measure types:
Institutions, practices and guidelinesLaws and regulations
Responsible Ministries:
Ministry of Justice and Public SecurityMinistry of Children and Families

(b) That the care of unaccompanied minors between the ages of 15 and 18 is transferred from the Directorate of Immigration to the child welfare service.

Measure
Measure types:
Institutions, practices and guidelinesLaws and regulations
Responsible Ministry:
Ministry of Justice and Public Security

(c) The effective implementation of the 2017 decision of the Norwegian parliament to give some unaccompanied minors who have received time-limited residence permits until they turn 18 the opportunity to have their cases reconsidered. When determining their status, due regard should be given to social and humanitarian circumstances.