Ireland, CERD/C/IRL/CO/3-4

22. While noting the various efforts that have been made by the State party through the Health Service Executive (HSE) to protect the rights of separated and unaccompanied children seeking asylum, the Committee regrets that legislation in this area does not provide adequate protection as required by the standards set by the Office of the United Nations High Commissioner for Refugees (UNHCR). In this context, the Committee notes with concern the lapsing of the Immigration, Residence and Protection Bill 2010, which presented the opportunity to amend the Child Care Act 1991 in order to outline the legal obligations of the HSE towards these children.(arts. 2 and 5)

The Committee recommends that the State party enact legislation that adequately protects the rights and welfare of separated and unaccompanied children seeking asylum in line with the standards set by international law. The Committee, therefore, invites the State party to adopt immediate measures to ensure that a guardian ad litem or advisor be appointed for all separated and unaccompanied children irrespective of whether they have made a protection application or not.