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. Children on the move is not a new phenomenon, but its scale is without precedent. UN reports suggests that there are almost 50 million children who have migrated or who have been forcibly displaced. It is also reported that children form half the global refugee population and that many flee from violence, conflict and insecurity. Children who are migrants or refugees often find themselves in a particular vulnerable position, despite rather strong entitlements to human rights protection, as laid down in international and regional legal instruments including the United Nations Convention on the Rights of the Child, adopted 30 years ago.
This book presents a collection of scientific papers presented at the conference ‘Safeguarding Children’s Rights in Immigration Law’, organised by the Institute of Immigration Law and the Department of Child Law of Leiden Law School, at Leiden University in November 2018. It reflects the growing concern for children and children’s rights in immigration in academia and practice. It also 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. The book targets at academics, legal and other professionals and (advanced) students.
'In sum, Safeguarding Children's Rights in Immigration Law offers a unique mix of expertise to address the ever-growing minefield of challenges and tensions at the intersection of childhood, human rights and migration.' -- Sara Lembrechts, International Jouarnal of Law, Policy and the Family, 2021
'An important contemporary statement in child law and migration for the beginning of 21st century.'-- Phillip Taylor, The Barrister, 2020
Unaccompanied Asylum-Seeking Children as Rights Holders: Theory and Reality in the EU Legal System (p. 41)Domenico Rosani
The Rights of Minor Siblings in Migration: Why Migration Policies should Stop Systematically Separating Siblings (p. 67)Julia Sloth-Nielsen
The (Limited) Role of Children’s Rights in EU Family Reunification Law for Beneficiaries of International Protection (p. 85)Gerrie Lodder
Combatting Child Smuggling and Trafficking: A Comparative Study of the Situation in Nine European States (p. 103)
Is Immigration Detention Out of the Question? A Child-Based Approach to Immigration Detention and Family Unity (p. 133)
The Detention of Unaccompanied Minors in EU Asylum Law: What is Left of Children’s Rights? (p. 151)
How Protective is Custody for Unaccompanied Minors in Greece? Protecting Children’s Rights within Detention (p. 179)
Appellate Asylum and Migration Proceedings in Belgium: Challenges for the Best Interests of the Child Principle and Unity of Jurisprudence (p. 195)
Child Asylum Seekers in Botswana: A Critique of the Ngezi and Iragi Decisions (p. 217)
The Impact of Brexit on Migrant Children’s Rights: Taking Responsibility without Solidarity (p. 235)