Author: Publisher:
ISBN:
Category :
Languages : en
Pages : 0
Book Description
Guidelines on Policies and Procedures in Dealing with Unaccompanied Children Seeking Asylum
Author: Guidelines on Policies and Procedures in Dealing with Unaccompanied Children Seeking Asylum
Author: Unaccompanied Children in European Migration and Asylum Practices
Author: Mateja SedmakPublisher: Taylor & Francis
ISBN: 1317275373
Category : Law
Languages : en
Pages : 200
Book Description
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.
Beyond Borders
Author: Soha DiabPublisher:
ISBN:
Category : Refugee children
Languages : en
Pages : 112
Book Description
Reconceptualising Unaccompanied Child Asylum Seekers and the Law
Author: Jennifer L. WhelanPublisher: Taylor & Francis
ISBN: 1000688224
Category : Political Science
Languages : en
Pages : 153
Book Description
Unaccompanied child asylum seekers are amongst the world’s most vulnerable populations, and their numbers are increasing. The intersection of their age, their seeking asylum, and separation from their parents creates a specific and acute triple burden of vulnerability. Their precariousness has long been recognised in international human rights law. Yet, human rights-based responses have been subordinated to progressive global securitisation of irregular migration through interception, interdiction, extraterritorial processing and immigration detention. Such an approach necessitates an urgent paradigm shift in how we comprehend their needs as children, the impact of punitive border control laws on them, and the responsibility of States to these children when they arrive at their borders seeking asylum. This book reconceptualises the relationship between unaccompanied child asylum seekers and States. It proposes a new conceptual framework by applying international human rights law, childhood studies and vulnerability theory scholarship in analysing State obligations to respond to these children. This framework incorporates a robust analysis of the operation and impact of laws on vulnerable populations, a taxonomy for articulating the gravity of any consequent harms and a method to prioritise recommendations for reform. The book then illustrates the framework’s utility using Australia’s treatment of unaccompanied children as a case study. This book illuminates key learnings from human rights law, childhood studies and vulnerability theory and transforms them into a new roadmap for law reform. As such, it will be a valuable practice-based resource for practitioners, non-government organisations, advocates, policymakers and the general public interested in advocating for the rights of vulnerable populations as well as for academics, researchers and students of human rights law, refugee law, childhood studies and vulnerability studies.
Child Refugee Asylum as a Basic Human Right
Author: Sonja C. GroverPublisher: Springer
ISBN: 3319780131
Category : Law
Languages : en
Pages : 251
Book Description
This book addresses the intersection of various domains of international law (refugee law, human rights law including child rights international law and humanitarian law) in terms of the implications for State obligations to child refugee asylum seekers in particular; both as collectives and as individual persons. How these State obligations have been interpreted and translated into practice in different jurisdictions is explored through selected problematic significant cases. Further, various threats to refugee children realizing their asylum rights, including refoulement of these children through State extraterritorial and pushback migration control strategies, are highlighted through selected case law. The argument is made that child refugee asylum seekers must not be considered, in theory or in practice, beyond the protection of the law if the international rule of law grounded on respect for human dignity and human rights is in fact to prevail.
Seeking Asylum Alone
Author: Mary CrockPublisher: Federation Press
ISBN: 9781921113017
Category : Family & Relationships
Languages : en
Pages : 260
Book Description
Unaccompanied and separated children continue to be caught up in programs to deflect unauthorised Australian boat arrivals to offshore processing centres. If such children do make it to Australia, the processes for identifying children travelling alone are inadequate, with too much reliance placed on the self-identification of such children. No child victim of trafficking has been identified in Australia since 1994. Australia's refugee status determination system was established with adult asylum seekers as the norm. Children face obvious disadvantage in both articulating their story and in being heard. At the crucial first point of contact with authorities children are required to articulate their need for protection without either an advisor or an effective guardian. Case studies of children within the asylum process also suggest that immigration officials and officials at appellate level have been poorly trained and have lacked the skills to deal with child asylum seekers with appropriate sensitivity. Another barrier faced by these children is legal: questions remain as to how well the international definition of refugee has been read to accommodate the particular experiences of children. It is hoped that this report will encourage Australian officials to think seriously about children as refugees in their own right - most particularly when the children are travelling alone.This Report was funded by the MacArthur Foundation (Chicago), the Australian Research Council and the Myer Foundation.Also available Seeking Asylum Alone - A Comparative Study- Unaccompanied and Separated Children and Refugee Protection in Australia, the UK and the US, by Jacqueline Bhabha and Mary Crock.
Representing Children in Child Protective Proceedings
Author: Jean Koh PetersPublisher:
ISBN: 9780820575810
Category : Attorney and client
Languages : en
Pages : 0
Book Description
The Urbanization of Forced Displacement
Author: Neil James Wilson CrawfordPublisher: McGill-Queen's Press - MQUP
ISBN: 0228009359
Category : Social Science
Languages : en
Pages :
Book Description
Displacement in the twenty-first century is urbanized. The United Nations Refugee Agency (UNHCR), the world’s largest humanitarian organization and the main body charged with assisting displaced people globally, estimates that over 60 per cent of refugees now live in urban areas, a proportion that only increases in the case of internally displaced people and asylum seekers. Though cities and local authorities have become essential participants in the protection of refugees, only three decades ago they were considered to sit firmly beyond UNHCR’s remit, with urban refugees typically characterized as aberrations. In The Urbanization of Forced Displacement Neil James Wilson Crawford examines the organization’s response to the growing number of refugees migrating to urban areas. Introducing a broader study of policy-making in international organizations, Crawford addresses how and why UNHCR changed its policy and practice in response to shifting trends in displacement. Citing over 400 primary UN documents, Crawford provides an in-depth study of the internal and external pressures faced by UNHCR – pressures from above, below, and within – that explain why it has radically transformed its position from the 1990s onward. UNHCR and global refugee policies have come to play an increasingly important role in the governance of global displacement. The Urbanization of Forced Displacement sheds new light on how the organization works and how it conceives its role in global politics today.
Undocumented and Unaccompanied
Author: Cecilia MenjívarPublisher: Routledge
ISBN: 1000505901
Category : Social Science
Languages : en
Pages : 140
Book Description
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.