Safeguarding Childrens Rights In Immigration Law
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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.
Author | : Ioannis Papadopoulos |
Publisher | : Policy Press |
Total Pages | : 176 |
Release | : 2023-07-17 |
Genre | : Social Science |
ISBN | : 1529222877 |
In times of increasing migration flows, Greece is often viewed as the gateway to Europe for significantly high numbers of asylum-seeking individuals, including unaccompanied minors. Between 2016 and 2020, under Greek law unaccompanied children were to be temporarily placed in a protective environment upon irregular entry, pending referral to suitable accommodation. However, in reality they were being subjected to detention procedures instead. Giving voice to migrant children and professionals throughout, the author combines legal analysis with criminology and unveils the discrepancy between the law and practice. The findings demonstrate that unaccompanied children in Greece are criminalised through detention processes, while being deprived of the right to be heard. This book promotes child-friendly practices in the international migration setting, with a view to safeguarding the fundamental rights of unaccompanied minors experiencing detention upon arrival in host countries.
Author | : Ziba Vaghri |
Publisher | : Springer Nature |
Total Pages | : 429 |
Release | : 2022-01-03 |
Genre | : Education |
ISBN | : 3030846474 |
This open access book presents a discussion on human rights-based attributes for each article pertinent to the substantive rights of children, as defined in the United Nations Convention on the Rights of the Child (UNCRC). It provides the reader with a unique and clear overview of the scope and core content of the articles, together with an analysis of the latest jurisprudence of the UN Committee on the Rights of the Child. For each article of the UNCRC, the authors explore the nature and scope of corresponding State obligations, and identify the main features that need to be taken into consideration when assessing a State’s progressive implementation of the UNCRC. This analysis considers which aspects of a given right are most important to track, in order to monitor States' implementation of any given right, and whether there is any resultant change in the lives of children. This approach transforms the narrative of legal international standards concerning a given right into a set of characteristics that ensure no aspect of said right is overlooked. The book develops a clear and comprehensive understanding of the UNCRC that can be used as an introduction to the rights and principles it contains, and to identify directions for future policy and strategy development in compliance with the UNCRC. As such, it offers an invaluable reference guide for researchers and students in the field of childhood and children’s rights studies, as well as a wide range of professionals and organisations concerned with the subject.
Author | : Pieter Boeles |
Publisher | : |
Total Pages | : 455 |
Release | : 2014 |
Genre | : Emigration and immigration law |
ISBN | : 9781780682532 |
This book brings together, in one context, the European and international legal regimes on migration as applicable to the territories of the Member States of the EU. Its focus is on European Community legislation under Title III and Title IV of the EC Treaty, treaties concluded between the European Community and third countries, and international treaties concluded within the framework of the Council of Europe and the United Nations.
Author | : Ben Saul |
Publisher | : Oxford University Press |
Total Pages | : 1358 |
Release | : 2014-03 |
Genre | : Law |
ISBN | : 0199640300 |
"One purpose of this book is to respond to this shift: to look beyond the more abstract and ideological discussions of the nature of socio-economic rights in order to engage empirically with how such rights have manifested in international practice". -- INTRODUCTION.
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).
Author | : Kilkelly, Ursula |
Publisher | : Policy Press |
Total Pages | : 224 |
Release | : 2021-11-02 |
Genre | : Law |
ISBN | : 1529213215 |
The UN Global Study on Children Deprived of Liberty detailed many children’s poor experiences in detention, highlighting the urgent need for reform. Applying a child-centred model of detention that fulfils the rights of the child under the five themes of provision, protection, participation, preparation and partnership, this original book illustrates how reform can happen. Drawing on Ireland’s experience of transforming law, policy and practice, and combining theory with real-life experiences, this compelling book demonstrates how children’s rights can be implemented in detention. This important case study of reform presents a powerful argument for a progressive, rights-based approach to child detention. Worthy of international application, the book shares practical insights into how theory can be translated into practice.
Author | : Hilaire Barnett |
Publisher | : Routledge |
Total Pages | : 217 |
Release | : 2021-11-14 |
Genre | : Law |
ISBN | : 0429840527 |
This book identifies the definition of a child within the law, the rights of children, and discusses the extent to which primarily English law gives adequate recognition to and protection of these rights. To what extent does English law gives adequate recognition to and protection of the rights of children? Historically the idea of and protection of rights has focused on parental rights rather than the rights of the child. The rights of children have remained far less recognised and certain until recently. Using case studies from the United Kingdom and beyond, this book takes a thematic approach to children’s rights and considers topics including: underlying concepts such as the welfare of the child and safeguarding, the right to education and to medical treatment, the right to freedom from abuse and/or sexual and commercial exploitation, including contemporary challenges from forced marriage, FGM, modern slavery and trafficking, the role of the State in relation to children in need of care and protection, children's rights in the criminal justice system, the right to contract and employment. In addition, the book provides an introduction to key aspects of domestic and international law, including the Children Act 1989, the UN Convention on the Rights of the Child, the European Convention on Human Rights and the Human Rights Act 1998. The book will be of great interest to law and social science students in the areas of Child Development and Protection, Human Rights Law, Family Law, Child Law, and Child Studies, as well as to social workers, police officers, magistrates, probation officers and other related professions.
Author | : Jonathan Todres |
Publisher | : Oxford University Press |
Total Pages | : 797 |
Release | : 2020-02-19 |
Genre | : Law |
ISBN | : 0190097620 |
Children's rights law is a relatively young but rapidly developing discipline. The U.N. Convention on the Rights of the Child, the field's core legal instrument, is the most widely ratified human rights treaty in history. Yet, like children themselves, children's rights are often relegated to the margins in mainstream legal, political, and other discourses, despite their application to approximately one-third of the world's population and every human being's first stages of life. Now thirty years old, the Convention on the Rights of the Child (CRC) signalled a definitive shift in the way that children are viewed and understood--from passive objects subsumed within the family to full human beings with a distinct set of rights. Although the CRC and other children's rights law have spurred positive changes in law, policies, and attitudes toward children in numerous countries, implementation remains a work in progress. We have reached a state in the evolution of children's rights in which we need more critical evaluation and assessment of the CRC and the large body of children's rights law and policy that this treaty has inspired. We have moved from conceptualizing and adopting legislation to focusing on implementation and making the content of children's rights meaningful in the lives of all children. This book provides a critical evaluation and assessment of children's rights law, including the CRC. With contributions from leading scholars and practitioners from around the world, it aims to elucidate the content of children's rights law, explore the complexities of implementation, and identify critical challenges and opportunities for children's rights law.
Author | : Ton Liefaard |
Publisher | : BRILL |
Total Pages | : 964 |
Release | : 2016-11-01 |
Genre | : Law |
ISBN | : 9004295054 |
In 2014 the world’s most widely ratified human rights treaty, one specifically for children, reached the milestone of its twenty-fifth anniversary. The UN Convention on the Rights of the Child was adopted after the fall of the Berlin Wall, and in the time since then it has entered a new century, reshaping laws, policies, institutions and practices across the globe, along with fundamental conceptions of who children are, their rights and entitlements, and society’s duties and obligations to them. Yet despite its rapid entry into force worldwide, there are concerns that the Convention remains a high-level paper treaty without the traction on the ground needed to address ever-continuing violations of children’s rights. This book, based on papers from the conference ‘25 Years CRC’ held by the Department of Child Law at Leiden University, draws together a rich collection of research and insight by academics, practitioners, NGOs and other specialists to reflect on the lessons of the past 25 years, take stock of how international rights find their way into children’s lives at the local level, and explore the frontiers of children’s rights for the 25 years ahead.