Children and Youth with Flight and Migration Experiences Affected by Disability and Medical Fragility

Challenges at the Intersection of Asylum Law and Disability Law in Germany

Abstract

Flight, migration, asylum seeking and disability or medical fragility as an intersectional life situation is not a rare situation. As per international principles, special support and protection is granted for groups of so-called vulnerable persons. Nevertheless, persons with disabilities who are refugees often remain in a particularly complicated living situation. They have a great need for specific information, care and support in their own or host country. Children and youth at the intersection of flight and migration and also having a disability or medical fragility are disadvantaged in more than one way -  as a refugee, as a child, and as a person living with a disability. So far, although they belong to the group classified as vulnerable persons, their need of special support and their rights are often not regarded. Despite international principles and instruments for identifying and determining special situations of refugees, their situation and needs are not systematically identified. In Germany, due to the complexity of shifts in responsibility of authorities, inter-institutional transitions of persons in the assistance system and corresponding coordination and procedural problems, there are significant gaps in information and counseling. Whether and in what form refugees, affected by disabilities, are protected and supported through appropriate measures often depends on the commitment of individuals and thus is subject to randomness. In Germany, information and care is often not sufficiently available, with corresponding serious long-term consequences, particularly for children. This article aims to increase knowledge in this special field of child and youth welfare, to provide insights towards a better practice, and to clarify implications for policies. It is a theoretical contribution in investigating what topics regarding this focus group have been documented and dealt with in the literature and through studies. In addition, six semi-structured interviews with families and professionals were conducted to verify findings from the literature on a micro level. In analyzing the situation of the German reception system, findings concentrate on the legal framework and on the essential issues of identification of special protection needs, medical support and safe accommodation.