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Human rights / Children's rights

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TQ v Staatssecretaris van Justitie en Veiligheid, Case C‑441/19, request for preliminary ruling

1. Article 6(1) of Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals, read in conjunction with Article 5(a) of that directive and Article 24(2) of the Charter of Fundamental Rights of the European Union, must be interpreted as meaning that, before issuing a return decision against an unaccompanied minor, the Member State concerned must carry out a general and in-depth assessment of the situation of that minor, taking due account of the best interests of the child. In this context, that Member State must ensure that adequate reception facilities are available for the unaccompanied minor in question in the State of return. 2. Article 6(1) of Directive 2008/115, read in conjunction with Article 5(a) of that directive and in the light of Article 24(2) of the Charter of Fundamental Rights of the European Union, must be interpreted as meaning that a Member State may not distinguish between unaccompanied minors solely on the basis of the criterion of their age for the purpose of ascertaining whether there are adequate reception facilities in the State of return. 3. Article 8(1) of Directive 2008/115 must be interpreted as precluding a Member State, after it has adopted a return decision in respect of an unaccompanied minor and has been satisfied, in accordance with Article 10(2) of that directive, that that minor will be returned to a member of his or her family, a nominated guardian or adequate reception facilities in the State of return, from refraining from subsequently removing that minor until he or she reaches the age of 18 years.

14 January 2021 | Judicial Body: European Union: Court of Justice of the European Union | Document type: Case Law | Legal Instrument: 2008 Returns Directive (EU) | Topic(s): Children's rights - Deportation / Forcible return - Reception - Unaccompanied / Separated children | Countries: Guinea - Netherlands

2017 Findings on the Worst Forms of Child Labor - Guinea

20 September 2018 | Publisher: United States Department of Labor | Document type: Annual Reports

Step Up the Pace: Towards an AIDS-free generation in West and Central Africa

December 2017 | Publisher: UN Children's Fund (UNICEF) | Document type: Regional Reports

Step Up the Pace: Towards an AIDS-free generation in West and Central Africa

December 2017 | Publisher: UN Children's Fund (UNICEF) | Document type: Regional Reports

Concluding observations on the report submitted by Guinea under article 12 (1) of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography

26 October 2017 | Publisher: UN Committee on the Rights of the Child (CRC) | Document type: Concluding Observations

Concluding observations on the report submitted by Guinea under article 8 (1) of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict

25 October 2017 | Publisher: UN Committee on the Rights of the Child (CRC) | Document type: Concluding Observations

2016 Findings on the Worst Forms of Child Labor - Guinea

30 September 2017 | Publisher: United States Department of Labor | Document type: Annual Reports

Guinée: Situation des enfants sorciers en Guinée forestière

20 April 2017 | Publisher: France: Office français de protection des réfugiés et apatrides (OFPRA) | Document type: Country Reports

Guinée: Situation des enfants sorciers en Guinée forestière

20 April 2017 | Publisher: France: Office français de protection des réfugiés et apatrides (OFPRA) | Document type: Country Reports

List of issues in relation to the report submitted by Guinea under article 12, paragraph 1, of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography

8 March 2017 | Publisher: UN Committee on the Rights of the Child (CRC) | Document type: Country Reports

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