Rights and Realities: The Legal Protection of Unaccompanied Migrant Minors - A focus on Tunisian Minors Arriving in Italy

Abstract

A child is a child before being a migrant, a refugee, or an asylum seeker. He must be treated like one in the case of child migration. Unfortunately, this is not true for some children, especially Tunisian children. The migration of unaccompanied Tunisian minors to Italy has significantly increased in recent years. Many factors, such as high unemployment, economic and political crises contribute to this phenomenon. When Tunisian minors arrive in Italy all alone, they face some challenges, such as difficulties in legalizing their stay, language and cultural barriers, and limited access to education and healthcare. Therefore, the existing international, European, and national protection frameworks in place for unaccompanied Tunisian migrant minors are often not effectively enforced, resulting in adverse implications for these vulnerable children. This socio-legal research explores the existing international, European, and national protection frameworks for unaccompanied Tunisian minors who migrate irregularly to Italy and to what extent these frameworks are effectively implemented, considering that their inadequate application can negatively affect these minors. This research presents a comprehensive examination of the protection frameworks for unaccompanied migrant minors, drawing on various sources. Based on extensive research incorporating analysis of academic journals, insightful essays, and books, in addition to qualitative methods, specifically interviews with legal experts, the findings point towards notable shortcomings in the implementation of the existing protection frameworks for unaccompanied Tunisian migrant minors. By examining the challenges and highlighting the specific instances where the frameworks fall short, the thesis will explain the underlying factors responsible for the insufficiency of protection. In addition, it will showcase the need for improved application and conclude with recommendations on how to improve the application and enforcement of these frameworks, ensuring their proper implementation and safeguarding the rights of Tunisian unaccompanied migrant minors