Safeguarding Children's Rights in Immigration Law

Safeguarding Children's Rights in Immigration Law
Author: Mark Klaassen
Publisher:
Total Pages: 0
Release: 2020
Genre: Emigration and immigration law
ISBN: 9781780689494

Millions of children are on the move worldwide. Children are fleeing conflicts and wars. They move with or without their parents to attain a better future. This book reflects the growing concern for children and children's rights in immigration in academia and practice and shows the diversity of issues related to immigration and children, including family reunification, detention, participation, human trafficking and the rights of siblings in the context of migration, as well as the significance of regional legal systems and infrastructures for the protection of children on the move.

Protecting Migrant Children

Protecting Migrant Children
Author: Mary Crock
Publisher: Edward Elgar Publishing
Total Pages: 553
Release: 2018-09-28
Genre: Law
ISBN: 1786430266

Unprecedented numbers of children are crossing international borders seeking safety. Framed around compelling case studies explaining why children are on the move in Africa, the Americas, Asia, Europe, the Middle East and Oceania, this book explores the jurisprudence and processes used by nations to adjudicate children’s protection claims. The book includes contributions from leading scholars in immigration, refugee law, children’s rights and human trafficking which critically examine the strengths and weaknesses of international and domestic laws with the aim of identifying best practice for migrant children.

Child Rights and International Discrimination Law

Child Rights and International Discrimination Law
Author: Marit Skivenes
Publisher: Routledge
Total Pages: 328
Release: 2019-02-22
Genre: Law
ISBN: 0429665091

Societies and states are at a crossroad in how children are treated and how their rights are respected and protected. Children ́s new position and their strong rights create tensions and challenge the traditional relationships between family and the state. The United Nations Convention on the Rights of the Child was adopted unanimously by the General Assembly of the United Nations in 1989 and came into force in 1990. Article 2 places states under an obligation to accord primacy to the best interests of the child in all actions concerning children and to ensure and regulate child protection. This book offers a comparative and critical analysis of the implementation of Article 2 of the United Nations Convention on the Rights of the Child. In order to examine how Article 2 is being implemented, it is essential to have a sound understanding of the obligations it emposes. The opening chapters will explore the precise content of these obligations in terms of the legislative history of the text, its underlying philosophy, its amplification by the United Nations Committee on the Rights of the Child, and subsequent authoritative interpretations of it by courts around the world. The book will then drill down into the conceptual and theoretical challenges posed by the very nature of the obligations and will offer in-depth exploration of the long-running ‘rights v welfare’ debate that has always presented something of a challenge in giving effect to children’s rights. Contributors are leading academics in the children’s rights field drawn from a wide range of countries and jurisdictions worldwide, including those with common law, civilian and mixed traditions. Disciplines represented in the book include law, psychology, political science, childhood studies, social work and anthropology. By drawing together the various facets of Article 2 and analysing it from a range of perspectives, the volume provides a coherent and comprehensive inter-disciplinary analysis on discrimination and the rights of the child.

Slipping Through the Cracks

Slipping Through the Cracks
Author: Rosa Ehrenreich
Publisher: Human Rights Watch
Total Pages: 130
Release: 1997
Genre: Political Science
ISBN: 9781564322098

Rights of aliens in general

Research Handbook on Child Migration

Research Handbook on Child Migration
Author: Jacqueline Bhabha
Publisher: Edward Elgar Publishing
Total Pages: 553
Release: 2018-08-31
Genre: Political Science
ISBN: 1786433702

The scope and complexity of child migration have only recently emerged as a critical factors in global migration. This volume assembles for the first time a richly interdisciplinary body of work, drawing on contributions from renowned scholars, eminent practitioners and prominent civil society advocates from across the globe and from a wide range of different mobility contexts. Their invaluable pedagogical tools and research documents demonstrate the urgency and breadth of this important new aspect of international human mobility in our global age.

Safeguarding Children from Abroad

Safeguarding Children from Abroad
Author: Emma Kelly
Publisher: Jessica Kingsley Publishers
Total Pages: 179
Release: 2012
Genre: Social Science
ISBN: 1849051577

This book examines the problems faced by separated children from abroad (refugee, migrant or trafficked children), what their needs are, and how their needs should be met in order to ensure their effective safeguarding. It identifies gaps in services and demonstrates how these gaps can be addressed. Case studies and best practice points feature.

In the Child's Best Interest?

In the Child's Best Interest?
Author: Jonathan Baum
Publisher: DIANE Publishing
Total Pages: 19
Release: 2010-10
Genre: Deportation
ISBN: 1437934684

Congress is considering a comprehensive overhaul of the nation¿s immigration laws more than a decade after the enactment of strict immigration measures. Current U.S. immigration laws mandate deportation of lawful permanent resident (LPR) parents of thousands of U.S. citizen children, without providing these parents an opportunity to challenge their forced separations. Through a multi-disciplinary analysis, this policy brief examines the experiences of U.S. citizen children impacted by the forced deportation of their LPR parents and proposes ways to reform U.S. law consistent with domestic and international standards aimed to improve the lives of children. Charts and tables.

Children's Rights and Refugee Law

Children's Rights and Refugee Law
Author: Samantha Arnold
Publisher: Routledge
Total Pages: 358
Release: 2017-08-09
Genre: Law
ISBN: 135168356X

Children make up half of the world’s refugees and over 40 per cent of the world’s asylum seekers. However, children are largely invisible in historical and contemporary refugee law. Furthermore, there has been very limited interaction between the burgeoning children’s rights framework, in particular the Convention on the Rights of the Child (CRC), and the 1951 Convention relating to the Status of Refugees (Refugee Convention). This book explores the possibility of a children’s rights approach to the interpretation of the Refugee Convention and within that what such an approach might look like. In order to construct a children’s rights approach, the conceptualisations of children outside the legal discipline, within international children’s rights law and then within refugee law and refugee discourse are analysed. The approach taken is socio-legal and comparative in nature and the suitability of the Refugee Convention as a framework for the interpretation of child claims is examined. The book analyses to what extent the Refugee Convention is capable of dealing with claims from children based on the modern conceptualisation of children, which is underscored by two competing ideologies: the child as a vulnerable object in law to be protected and the child as subject with rights and the capacity to exercise their agency. The influence each regime has had on the other is also analysed. The work discusses how a children’s rights approach might improve outcomes for child applicants. The book makes an original contribution to child refugee discourse and as such will be an invaluable resource for academics, researchers and policymakers working in the areas of migration and asylum law, children’s rights and international human rights law.

Whose Child Am I?

Whose Child Am I?
Author: Susan J. Terrio
Publisher: Univ of California Press
Total Pages: 276
Release: 2015-05
Genre: Law
ISBN: 0520281497

In 2014, the arrest and detention of thousands of desperate young migrants at the southwest border of the United States exposed the U.S. government's shadowy juvenile detention system, which had escaped public scrutiny for years. This book tells the story of six Central American and Mexican children who are driven from their homes by violence and deprivation, and who embark alone, risking their lives, on the perilous journey north. They suffer coercive arrests at the U.S. border, then land in detention, only to be caught up in the battle to obtain legal status. Whose Child Am I? looks inside a vast, labyrinthine system by documenting in detail the experiences of these youths, beginning with their arrest by immigration authorities, their subsequent placement in federal detention, followed by their appearance in deportation proceedings and release from custody, and, finally, ending with their struggle to build new lives in the United States. This book shows how the U.S. government got into the business of detaining children and what we can learn from this troubled history.