Unaccompanied Children in European Migration and Asylum Practices

Unaccompanied Children in European Migration and Asylum Practices
Author: Mateja Sedmak
Publisher: Taylor & Francis
Total Pages: 200
Release: 2017-07-06
Genre: Law
ISBN: 1317275373

Unaccompanied minor migrants are underage migrants, who for various reasons leave their country and are separated from their parents or legal/customary guardians. Some of them live entirely by themselves, while others join their relatives or other adults in a foreign country. The concept of the best interests of a child is widely applied in international, national legal documents and several guidelines and often pertains to unaccompanied minor migrants given that they are separated from parents, who are not able to exercise their basic parental responsibilities. This book takes an in-depth look at the issues surrounding the best interests of the child in relation to unaccompanied minor migrants drawing on social, legal and political sciences in order to understand children’s rights not only as a matter of positive law but mainly as a social practice depending on personal biographies, community histories and social relations of power. The book tackles the interpretation of the rights of the child and the best interests principle in the case of unaccompanied minor migrants in Europe at political, legal and practical levels. In its first part the book considers theoretical aspects of children’s rights and the best interests of the child in relation to unaccompanied minor migrants. Adopting a critical approach to the implementation of the Convention of Rights of a Child authors nevertheless confirm its relevance for protecting minor migrants’ rights in practice. Authors deconstruct power relations residing within the discourses of children’s rights and best interests, demonstrating that these rights are constructed and decided upon by those in power who make decisions on behalf of those who do not possess authority. Authors further on explore normative and methodological aspects of Article 3 of the Convention on the Rights of a Child and its relevance for asylum and migration legislation. The second part of the book goes on to examine the actual legal framework related to unaccompanied minor migrants and implementation of children’s’ rights and their best interests in the reception, protection, asylum and return procedures. The case studies are based on from the empirical research, on interviews with key experts and unaccompanied minor migrants in Austria, France, Slovenia and United Kingdom. Examining age assessment procedures, unaccompanied minors’ survivals strategies and their everyday life in reception centres the contributors point to the discrepancy between the states’ obligations to take the best interest of the child into account when dealing with unaccompanied minor migrants, and the lack of formal procedures of best interest determination in practice. The chapters expose weaknesses and failures of institutionalized systems in selected European countries in dealing with unaccompanied children and young people on the move.

Undocumented and Unaccompanied

Undocumented and Unaccompanied
Author: Cecilia Menjívar
Publisher: Routledge
Total Pages: 140
Release: 2021-11-29
Genre: Social Science
ISBN: 1000505901

This book focuses on the migration of undocumented minors arriving recently to the United States and the European Union, flows that are often labeled ‘undocumented’, ‘illegal’, or ‘irregular’ and due to their sudden increase, they have been described in the media, policy circles, and scholarly work as a ‘surge’ or a ‘crisis’. Leading scholars examine the intricacies of the contexts that these minors encounter in the localities where they arrive, including the legal and ethical frameworks for protecting unaccompanied minors, governmental decisions about the ‘best interests’ of the children, these minors’ expressions of their own best interests or agency as they navigate immigration and social service systems, conditions in detention centers, and the health and social service needs in receiving communities. Though definitions and techniques for counting unaccompanied migrant minors differ between the U.S. and the EU, this book underscores the immigrant minors’ common vulnerabilities and strategies they adopt to protect themselves and improve their circumstances. At the same time, contributors to the volume highlight common challenges that both European and U.S. governments face as they develop policy strategies and legal mechanisms to attempt to balance the best interests of these children with national interests of the countries in which they settle. The chapters in this book were originally published as a special issue of the Journal of Ethnic and Migration Studies.

Unaccompanied Children in European Migration and Asylum Practices

Unaccompanied Children in European Migration and Asylum Practices
Author: Mateja Sedmak
Publisher: Routledge
Total Pages: 290
Release: 2017-07-06
Genre: Law
ISBN: 1317275365

Unaccompanied minor migrants are underage migrants, who for various reasons leave their country and are separated from their parents or legal/customary guardians. Some of them live entirely by themselves, while others join their relatives or other adults in a foreign country. The concept of the best interests of a child is widely applied in international, national legal documents and several guidelines and often pertains to unaccompanied minor migrants given that they are separated from parents, who are not able to exercise their basic parental responsibilities. This book takes an in-depth look at the issues surrounding the best interests of the child in relation to unaccompanied minor migrants drawing on social, legal and political sciences in order to understand children’s rights not only as a matter of positive law but mainly as a social practice depending on personal biographies, community histories and social relations of power. The book tackles the interpretation of the rights of the child and the best interests principle in the case of unaccompanied minor migrants in Europe at political, legal and practical levels. In its first part the book considers theoretical aspects of children’s rights and the best interests of the child in relation to unaccompanied minor migrants. Adopting a critical approach to the implementation of the Convention of Rights of a Child authors nevertheless confirm its relevance for protecting minor migrants’ rights in practice. Authors deconstruct power relations residing within the discourses of children’s rights and best interests, demonstrating that these rights are constructed and decided upon by those in power who make decisions on behalf of those who do not possess authority. Authors further on explore normative and methodological aspects of Article 3 of the Convention on the Rights of a Child and its relevance for asylum and migration legislation. The second part of the book goes on to examine the actual legal framework related to unaccompanied minor migrants and implementation of children’s’ rights and their best interests in the reception, protection, asylum and return procedures. The case studies are based on from the empirical research, on interviews with key experts and unaccompanied minor migrants in Austria, France, Slovenia and United Kingdom. Examining age assessment procedures, unaccompanied minors’ survivals strategies and their everyday life in reception centres the contributors point to the discrepancy between the states’ obligations to take the best interest of the child into account when dealing with unaccompanied minor migrants, and the lack of formal procedures of best interest determination in practice. The chapters expose weaknesses and failures of institutionalized systems in selected European countries in dealing with unaccompanied children and young people on the move.

Family reunification for refugee and migrant children

Family reunification for refugee and migrant children
Author: Florence Boreil
Publisher: Council of Europe
Total Pages: 92
Release:
Genre: Political Science
ISBN:

A practical guide to assist legislators and legal practitioners in facilitating the reunification of refugee and migrant children with their families As a result of the sharp increase in the refugee and migrant population in recent years, many children and their families have experienced family separation. Member states are bound by various obligations related to family reunification, and the practical reunification of refugee and migrant children with their family members has proved complex. This handbook is a practical guide both to key legal standards and to promising practices in the field of family reunification and restoring family links. This publication is conceived as a point of reference for capacity-building material, technical assistance, co-operation projects and new practices for and with relevant authorities and institutions. It focuses on the reunification of families with children in the context of international migration, and in particular on reunification possibilities for unaccompanied and separated refugee and migrant children. It presents an overview of legal principles of human rights, children’s rights, refugee law and EU law relevant to family reunification and then discusses key features of family reunification procedures, with promising examples of law and practice and relevant applicable standards. The handbook contributes to achieving the objectives of the Action Plan on Protecting Refugee and Migrant Children in Europe (2017-2019).

Migrating Alone

Migrating Alone
Author: Jyothi Kanics
Publisher: UNESCO
Total Pages: 207
Release: 2010-01-01
Genre: Social Science
ISBN: 923104091X

The essays that make up this book examine the question of child migration from legal, sociological and anthropological angles, examining the situation in both countries of origin and receiving countries.--Publisher's description.

Unaccompanied Children: From Migration to Integration

Unaccompanied Children: From Migration to Integration
Author: Işık Kulu-Glasgow
Publisher: Transnational Press London
Total Pages: 170
Release: 2019-04-19
Genre: Social Science
ISBN: 1912997142

Unaccompanied Children: From Migration to Integration Edited by Işık Kulu-Glasgow, Monika Smit and Ibrahim Sirkeci | Published: 19 April 2019 | Paperback: ISBN: 978-1-912997-14-5 | “The statistics show that children move in great numbers, and many do so alone. While some of the reasons which motivate them to undertake such journeys alone are similar to those of adults – e.g. wars, pursuing aspirations for better social and economic opportunities, ethnic violence, cultural differences, examples of others migrating – others are more specific to children, such as forced child marriages, lack of educational opportunities, forced conscription or being sent ahead to realize family reunification in another country. Similar to adult companions, they suffer and react to ‘democratic deficit’ and ‘developmental (economic) deficit’ and yet they may become more vulnerable in their flight. Reaching their destination often does not mean they are then less vulnerable either. They are faced with specific challenges of integration on economic, social, and cultural dimensions and in many cases also face burdens of the reunification of their family. Yet, there is little attention paid to unaccompanied minors in the literature on ‘forced’ migration. This was an important reason to initiate this book. This book largely focuses on unaccompanied minors who arrived in a European country in 2015, with special attention paid to the top-three nationalities of unaccompanied minors, namely Syrian, Afghan and Eritrean minors.” Content INTRODUCTION – Işık Kulu-Glasgow, Monika Smit, Ibrahim Sirkeci CHAPTER 1 Syrian Unaccompanied Minors Journeys to Germany and initial experiences upon arrival – Raphael Kamp and Katie Kuschminder CHAPTER 2 ‘I just wanted to be safe’: Agency and decision-making among unaccompanied minor asylum seekers – Işık Kulu-Glasgow, Sanne Noyon, Monika Smit CHAPTER 3. Ways into and out of exploitation Unaccompanied minors and human trafficking – Hilde Lidén and Cathrine Holst Salvesen CHAPTER 4. Best Interests of the Child assessments to facilitate decision-making in asylum procedures – Carla van Os and Elianne Zijlstra. CHAPTER 5. Navigating the Immigration Process Alone: Unaccompanied Minors Experiences in the United States – Jennica Larrison and Mariglynn Edlins. CHAPTER 6. Dropping out of Education: Refugee Youth Who Arrived as Unaccompanied Minors and Separated Children – Aycan Çelikaksoy and Eskil Wadensjö. CHAPTER 7. Eritrean Unaccompanied Refugee Minors in The Netherlands: Wellbeing and Health – Anna de Haan, Yodit Jacob, Trudy Mooren and Winta Ghebreab. CHAPTER 8. Social Inclusion Processes for unaccompanied minors in the city of Palermo: Fostering Autonomy through a New Social Inclusion Model – Roberta Lo Bianco and Georgia Chondrou.

Child Migration and Human Rights in a Global Age

Child Migration and Human Rights in a Global Age
Author: Jacqueline Bhabha
Publisher: Princeton University Press
Total Pages: 389
Release: 2016-05-17
Genre: Political Science
ISBN: 0691169101

The first comprehensive look at the global dilemma of child migration Why, despite massive public concern, is child trafficking on the rise? Why are unaccompanied migrant children living on the streets and routinely threatened with deportation to their countries of origin? Why do so many young refugees of war-ravaged and failed states end up warehoused in camps, victimized by the sex trade, or enlisted as child soldiers? This book provides the first comprehensive account of the widespread but neglected global phenomenon of child migration, exploring the complex challenges facing children and adolescents who move to join their families, those who are moved to be exploited, and those who move simply to survive. Spanning several continents and drawing on the stories of young migrants, Child Migration and Human Rights in a Global Age provides a comprehensive account of the widespread and growing but neglected global phenomenon of child migration and child trafficking. It looks at the often-insurmountable obstacles we place in the paths of adolescents fleeing war, exploitation, or destitution; the contradictory elements in our approach to international adoption; and the limited support we give to young people brutalized as child soldiers. Part history, part in-depth legal and political analysis, this powerful book challenges the prevailing wisdom that widespread protection failures are caused by our lack of awareness of the problems these children face, arguing instead that our societies have a deep-seated ambivalence to migrant children—one we need to address head-on. Child Migration and Human Rights in a Global Age offers a road map for doing just that, and makes a compelling and courageous case for an international ethics of children's human rights.

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.

The Rights of Unaccompanied Minors

The Rights of Unaccompanied Minors
Author: Yvonne Vissing
Publisher: Springer
Total Pages: 0
Release: 2022-07-24
Genre: Social Science
ISBN: 9783030755966

This volume explores the various challenges faced by ​migrant unaccompanied children, using a clinical sociological approach and a global perspective. It applies a human rights and comparative framework to examine ​the reception of unaccompanied children ​in European, North American, South American, Asian and African countries. Some of the important issues the volume discusses are: access of displaced unaccompanied children to justice across borders and juridical contexts; voluntary guardianship for unaccompanied children; the diverse but complementary needs of unaccompanied children in care, which if left unaddressed can have serious implications on their social integration in the host societies; and the detention of migrant children as analyzed against the most recent European and international human rights law standards. This is a one-of-a-kind volume bringing together perspectives from child rights policy chairs across the world on a global issue. The contributions reflect the authors’ diverse cultural contexts and academic and professional backgrounds, and hence, this volume synthesizes theory with practice through rich firsthand experiences, along with theoretical discussions. It is addressed not only to academics and professionals working on and with migrant children, but also to a wider, discerning public interested in a better understanding of the rights of unaccompanied children.

The Evolution of Humanitarian Protection in European Law and Practice

The Evolution of Humanitarian Protection in European Law and Practice
Author: Liv Feijen
Publisher: Cambridge University Press
Total Pages: 249
Release: 2021-04-01
Genre: Political Science
ISBN: 1108753434

The last couple of years have witnessed an unprecedented battle within Europe between values and pragmatism, and between states' interests and individuals' rights. This book examines humanitarian considerations and immigration control from two perspectives; one broader and more philosophical, the other more practical. The impetus to show compassion for certain categories of persons with vulnerabilities can depend on religious, philosophical and political thought. Manifestation of this compassion can vary from the notion of a charitable act to aid 'the wretched' in their home country, to humanitarian assistance for the 'distant needy' in foreign lands and, finally, to immigration policies deciding who to admit or expel from the country. The domestic practice of humanitarian protection has increasingly drawn in transnational law through the expansion of the EU acquis on asylum, and the interpretation of the European Court of Human Rights.