Generalities regarding the underage persons regulations, by law no. 122/2006 in reference with the right for asylum

• Author: Elena Ana Mihut
• Position: PhD, AGORA University
• Pages: 188-193

188

GENERALITIES REGARDING THE UNDERAGE PERSONS

REGULATIONS, BY LAW NO. 122/2006 IN REFERENCE

WITH THE RIGHT FOR ASYLUM

PhD Elena-Ana MihuY

AGORA University

Abstract:

The dispositions of the Children Rights Convention regard the rights of the

refugee children and of those who ask for asylum, protection, humanitarian

assistance, including finding family members or the main person that was taken

care prior, on legal or common basis.

In Law no. 122/2006, regarding the asylum in Romania, the underage

unattended person represents:

- the underage, foreign or stateless, that has arrived in Romania, unattended

by parents or any legal representative or that is not under the care of other person,

according to the law;

- the underage that is let unattended after entering the Romanian territory.

The foreigners that request a form of protection must be photographed and

finger printed. In the case of underage that have not reached the age of 14 the

finger printing is not needed.

The collected finger prints will be transmitted and stocked on paper in the

Romanian Immigration Bureau archives and also in electronic format in the AFIS

national data base. Also, the finger prints of all the asylum requestors are

transmitted and stocked in the European data base EURODAC1.

The interview for determining the kind of protection consists in an audience

of the asylum requestor, made by a Romanian Immigration Bureau official .

If the requestor is underage, the interview takes place in the presence of the

legal representatives, that must inform them in reference with the purpose, the

possible consequences of the personal interview and must prepare them for it.

Key words: Right, Asylum, Children, EURODAC

I. Generalities. The legal authorities provide the access to the asylum

procedure for each foreign citizen found on the Romanian territory or at the frontier

asking for the protection of the Romanian state2, starting with the expression of the

will, written or spoken, excepting the situations stipulated in the laws.

1 A system inside the Commission . It is formed by a Central Unit th at operates a computerised

central data base for fingerprints stocking and comparison, and also electronic means that ensure the

transmission of data between member states and central data base.

2 Regarding art. 2 letter a of Law no. 122/2006 rin refference with the asylum in Romania as form of

protection regard: the refugee status, the subsidiary protection, the temporary and humanitarian

protection