Minors’ participation in international protection proceedings – the role and importance of interpretation
Synopsis
Minor asylum seekers constitute a particularly vulnerable group of individuals who require special care and protection. Despite their vulnerability, it is essential that the regulation of their (procedural) position in asylum proceedings stems from understanding children as independent rights-holders who are, in accordance with their age and maturity, capable of participating in legal proceedings that affect them. Otherwise, there is a risk that children will not be treated as subjects of the proceedings and bearers of human rights, but will instead be reduced to mere objects of care and protection, in an excessively paternalistic manner. The right of minors to freely express their views and participate in all proceedings that affect them is one of the fundamental rights guaranteed to children under international law. In asylum procedures, this right is primarily realized through the provision of adequate information about the process and the right to be heard. However, neither of these procedural safeguards can be effectively implemented without simultaneously ensuring high-quality interpretation and translation services. The purpose of this paper is to explain the significance and role of interpreters in asylum procedures in light of the concept of the child as an independent rights-holder and in light of fundamental procedural guarantees.
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