Summary

Migration pressure has soared this year, bringing an increasing number of immigrants to Europe. The reason for people arriving varies – some of them are seeking a better life; some are fleeing danger and persecution, in order to save their lives. One of the most vulnerable groups among the immigrants are minors travelling without an accompanying adult. These are children or adolescents who have no parents or guardians on this journey. Estonia is usually not a country of destination for immigrants, making the number of international protection applications relatively low compared to the other European countries. Nevertheless, there have been some unaccompanied minors ending up in Estonia as well, and the need for taking care of them has highlighted the gaps in the Estonian legal order or practical preparedness for solving different issues. Even though Estonia has received only a relatively small number of unaccompanied minors so far, an increase in this number can be deemed likely, considering the overall migration trends.

The special condition of unaccompanied minors needs to be taken into account in various aspects: in accommodating them and providing them with services; in carrying out of proceedings regarding their legal status; and in the search for long-term solutions. At that, various legal statuses may intertwine in some cases regarding children. Therefore, an administrative authority has an obligation to determine and council a child on the applicable legal safeguards.

The article presents an overview of the general principles that need to be kept in mind when receiving unaccompanied minors. The article addresses the international law principles and the issues that have arisen in the Estonian legal order in accepting unaccompanied minors.