This chapter explains the legal framework on guardianship and other protective measures, especially the so-called provisional taking into care, for unaccompanied minor refugees in Germany and explores the central terms “minor” and “unaccompanied”. Significant problems are highlighted in this chapter, in particular a conflict of interest on the part of the Youth Welfare Office, a lack of specific knowledge of asylum law on the part of guardians, the handling of cross-border guardianships, and certain problems in assessing age and responsibility.

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Guardianship and Other Protective Measures for Minor Refugees in Germany

  • Bettina Heiderhoff

摘要

This chapter explains the legal framework on guardianship and other protective measures, especially the so-called provisional taking into care, for unaccompanied minor refugees in Germany and explores the central terms “minor” and “unaccompanied”. Significant problems are highlighted in this chapter, in particular a conflict of interest on the part of the Youth Welfare Office, a lack of specific knowledge of asylum law on the part of guardians, the handling of cross-border guardianships, and certain problems in assessing age and responsibility.