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Report on Enforcing the Rights of Children in Migration

Author

Listed:
  • Warren Binford

    (School of Medicine, University of Colorado, Aurora, CO 80045, USA)

  • Michael Garcia Bochenek

    (Human Rights Watch, New York, NY 10118, USA
    Institute for the Study of Human Rights, Columbia University, New York, NY 10027, USA)

  • Pablo Ceriani Cernadas

    (Institute for Justice and Human Rights, University of Buenos Aires, Buenos Aires C1053ABH, Argentina)

  • Emma Day

    (Child Redress International, London W1W 7LT, UK)

  • Sarah Field

    (Faculty of Law, University College Cork, Cork T12 K8AF, Ireland)

  • Marci Hamilton

    (Child USA, Philadelphia, PA 19104, USA
    Department of Political Science, University of Pennsylvania, Philadelphia, PA 19104, USA)

  • Ton Liefaard

    (Leiden Law School, Leiden University, 2311 EZ Leiden, The Netherlands)

  • Benyam Mezmur

    (Dullah Omar Institute for Constitutional Law, Governance and Human Rights, University of the Western Cape, Bellville 7535, South Africa)

  • Fasil Mulatu

    (College of Law and Governance Studies, Addis Ababa University, Addis Ababa P.O. Box 1176, Ethiopia)

  • Ann Skelton

    (Department of Private Law, University of Pretoria, Hatfield 0028, South Africa)

  • Julia Sloth-Nielsen

    (Department of Public Law and Jurisprudence, University of the Western Cape, Bellville 7535, South Africa
    School of Law, University of Huddersfield, Huddersfield HD1 3DH, UK)

  • João Stuart

    (Essex Law School, University of Essex, Colchester CO4 3SQ, UK)

  • Hans Van Loon

    (Institut de Droit International, 1211 Geneva, Switzerland)

  • Jinske Verhellen

    (Faculty of Law and Criminology, Ghent University, 9000 Ghent, Belgium)

Abstract

The ILA Study Group began its work by identifying guiding principles that should frame and inform state practices with respect to children in migration. These principles included, but were not limited to, non-discrimination; the best interests of the child; the right to life, survival, and development; the right of the child to express their views on all matters affecting them; and the right to an effective remedy. The Study Group identified some of the most common rights violations for children in migration such as arbitrary age assessment practices; inadequate and age-inappropriate reception policies and facilities; and immigration detention of children and other coercive practices. The Study Group undertook a multidisciplinary approach by summarizing the research documenting the harmful effects of these practices on child health and well-being. It surveyed (1) treaties and international instruments that might recognize a right or remedy for children on the move; (2) regional and international fora where the claims of children could be heard; and (3) the growing body of regional and international jurisprudence upholding the rights of children in migration. Finally, it identified gaps in the international and regional frameworks and formulated recommendations as to how to ensure children in migration are able to enforce their rights and access justice.

Suggested Citation

  • Warren Binford & Michael Garcia Bochenek & Pablo Ceriani Cernadas & Emma Day & Sarah Field & Marci Hamilton & Ton Liefaard & Benyam Mezmur & Fasil Mulatu & Ann Skelton & Julia Sloth-Nielsen & João Stu, 2023. "Report on Enforcing the Rights of Children in Migration," Laws, MDPI, vol. 12(5), pages 1-73, October.
    • Handle: RePEc:gam:jlawss:v:12:y:2023:i:5:p:85-:d:1263037
    as

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    References listed on IDEAS

    as
    1. Adamson, Fiona, 2019. "The Migration State in the Global South: Nationalizing, Developmental, and Neoliberal Models of Migration Management," SocArXiv wze2p, Center for Open Science.
    2. MacLean, Sarah A. & Agyeman, Priscilla O. & Walther, Joshua & Singer, Elizabeth K. & Baranowski, Kim A. & Katz, Craig L., 2019. "Mental health of children held at a United States immigration detention center," Social Science & Medicine, Elsevier, vol. 230(C), pages 303-308.
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