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the spread of contagious diseases. The efforts of Portugal to ensure that migrant s can
access public services during the COVID-19 outbreak deserves mention. Under the
measures taken, Portugal has granted all migrants and asylum seekers who have pending
applications the right to temporary residency, thus giving them access to the nation al
health service, welfare benefits, bank accounts, work and rental contracts. 116
Formal status, documentation and regularization as a means of protection
73. Regularization policies significantly contribute to migrant children’s integration
into the host society as well as to the fulfilment of their rights, their development and
the protection of family life. It also improves the social and economic situation of
migrant families, allowing parents to better fulfil their obligations to their children.
In this regard, in their national laws, Eswatini, Kenya, the United Republic of
Tanzania and Zambia consider unaccompanied migrant children found on the border
with an unidentifiable nationality as their own nationals. 117
74. Some countries have adopted national legislation and policies creating various
types of residence permits and regularization pathways for migrant children and their
families. Finland and Norway, for example, provide residence permits for
unaccompanied children who do not meet the legal requirements to enter or stay in
the country, but who cannot be returned to their countries of origin. 118 Similarly,
Sweden conducted a regularization programme from 2005 to 2006, targeting
individuals and mostly families with children who had been issued re moval orders
but could not be returned to their country. The programme granted 17,406 residence
permits and took into account factors such as length of stay in Sweden, situation in
their country of origin, criminal history and social and health circumstanc es.
75. Under the measure Primero la Niñez (Childhood First), Colombia granted
nationality to children born in Colombia to Venezuelan parents from 2015 onward,
benefiting more than 36,000 children who were at risk of statelessness, thereby
ensuring the protection of the children’s rights and their inclusion. 119 In Uruguay,
decree No. 118/018 provides for the possibility of granting permanent residency to
foreign nationals in vulnerable situations, including unaccompanied minors. 120
Legal advice, representation and interpretation
76. Immediately after arrival and identification, each unaccompanied or separated
child should be provided with a qualified guardian tasked with protecting their best
interests. The provision of a legal representative may also be necessary when the child
is involved in asylum or judicial proceedings. Guardianship exists in a number of
countries. For example, in Switzerland, unaccompanied asylum -seeking children are
guaranteed by law a support person, who guides, supports and repre sents the child
during the entire asylum process. 121
77. New Zealand has provisions to ensure that accompanied children in family
asylum and immigration processes are treated as independent rights holders who have
their own child-specific or individual reasons for such processes, instead of as an “add
on” to their parents’ files. 122
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116
117
118
119
120
121
122
20-09734
Joana Gorjão Henriques, “Governo regulariza todos os imigrantes que tenham pedidos pendentes
no SEF”, Público, 28 March 2020. Available at www.publico.pt/2020/03/28/sociedade/noticia/
governo-regulariza-imigrantes-pedidos-pendentes-sef-1909791.
International Detention Coalition, There are alternatives: Africa.
UNICEF Office of Research-Innocenti, Protected on Paper?, p. 43.
Submission by Colombia.
Submission by Uruguay.
Submission by Switzerland.
Immigration New Zealand, “Guidelines on children or minors at the Refugee Status Branch”, 2017.
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