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European Asylum Law And The Rights Of The Child
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Book Synopsis European Asylum Law and the Rights of the Child by : Ciara Smyth
Download or read book European Asylum Law and the Rights of the Child written by Ciara Smyth and published by Routledge. This book was released on 2014-07-11 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: The child asylum seeker poses unique challenges for reception and refugee status determination systems, not least because the child is entitled to have his or her rights as a child respected as a matter of international and regional human rights law. In the last decade the European Union has increasingly engaged with children’s rights, with the entry into force of the Lisbon Treaty in December 2009, and a new Article 3(3) of the Treaty on European Union that commits the Union to promoting the ‘protection of the rights of the child.’ This book addresses the question of whether the Common European Asylum System (CEAS) complies with the rights of the child. It contrasts the normative standards of international child rights law with the treatment of child asylum seekers and refugees in the CEAS. Ciara Smyth identifies the attributes of the rights of the child that are most relevant to the asylum context and systematically examines whether and to what extent those attributes are reflected in the CEAS legislation. The book goes on to assess whether the CEAS instruments direct Member States to comply with the rights of the child, offering a comprehensive examination of the place of the child within European asylum law and policy. The book will be of great use and interest to scholars and students of international law, immigration and children’s rights studies.
Book Synopsis Unaccompanied Children in European Migration and Asylum Practices by : Mateja Sedmak
Download or read book Unaccompanied Children in European Migration and Asylum Practices written by Mateja Sedmak and published by Taylor & Francis. This book was released on 2017-07-06 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Child in International Refugee Law by : Jason M. Pobjoy
Download or read book The Child in International Refugee Law written by Jason M. Pobjoy and published by Cambridge University Press. This book was released on 2017-04-27 with total page 827 pages. Available in PDF, EPUB and Kindle. Book excerpt: Children are the victims of some of the most devastating examples of state-sanctioned and private human rights abuse. In increasing numbers, they are attempting to find international protection, and are forced to navigate complex administrative and legal processes that fail to take into account their distinct needs and vulnerabilities. The key challenges they face in establishing entitlement to refugee protection are their invisibility and the risk of incorrect assessment. Drawing on an extensive and original analysis of jurisprudence of leading common law jurisdictions, this book undertakes an assessment of the extent to which these challenges may be overcome by greater engagement between international refugee law and international law on the rights of the child. The result is the first comprehensive study on the manner in which these two mutually reinforcing legal regimes can interact to strengthen the protection of refugee children.
Book Synopsis The Evolution of Humanitarian Protection in European Law and Practice by : Liv Feijen
Download or read book The Evolution of Humanitarian Protection in European Law and Practice written by Liv Feijen and published by Cambridge University Press. This book was released on 2021-04-01 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Family reunification for refugee and migrant children by : Florence Boreil
Download or read book Family reunification for refugee and migrant children written by Florence Boreil and published by Council of Europe. This book was released on with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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).
Book Synopsis The First Decade of EU Migration and Asylum Law by : Elspeth Guild
Download or read book The First Decade of EU Migration and Asylum Law written by Elspeth Guild and published by Martinus Nijhoff Publishers. This book was released on 2011-11-25 with total page 501 pages. Available in PDF, EPUB and Kindle. Book excerpt: More than a decade has passed since the appearance of the first issue of the European Journal of Migration and Law, which was established to examine the intertwining of issues of law and migration in the EU. This volume has been compiled to celebrate that anniversary. The journal itself is the basis for the book: authors who have written the most significant contributions for the journal on the relevant issues to the Area of Freedom Security and Justice (AFSJ) have revised and updated their articles in light of current developments. These are supplemented with new chapters on issues which have turned out to be particularly important to the development of the field. The success of the journal has demonstrated the need for informed, independent academic research on the changing nature of immigration and asylum in Europe, and this volume too seeks to meet that need. It offers a unqiue and lively collection of essays covering the field of EU immigration and asylum law from a variety of perspectives.
Book Synopsis Children, Human Rights and Temporary Labour Migration by : Rasika Ramburuth Jayasuriya
Download or read book Children, Human Rights and Temporary Labour Migration written by Rasika Ramburuth Jayasuriya and published by Routledge. This book was released on 2021-06-22 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the neglected yet critical issue of how the global migration of millions of parents as low-waged migrant workers impacts the rights of their children under international human rights law. The work provides a systematic analysis and critique of how the restrictive features of policies governing temporary labour migration interfere with provisions of the Convention on the Rights of the Child that protect the child-parent relationship and parental role in children’s lives. Combining social and legal research, it identifies both potential harms to children’s well-being caused by prolonged child-parent separation and State duties to protect this relationship, which is deliberately disrupted by temporary labour migration policies. The book boldly argues that States benefitting from the labour of migrant workers share responsibility under international human rights law to mitigate harms to the children of these workers, including by supporting effective measures to maintain transnational child-parent relationships. It identifies measures to incorporate children’s best interests into temporary labour migration policies, offering ways to reduce interferences with children’s family rights. This book fills a gap that emerges at the intersection of child rights studies, migration research and existing literature on the purported nexus between labour migration and international development. It will be a valuable resource for academics, researchers and policymakers working in these areas. The Open Access version of this book, available at http://www.taylorfrancis.com/books/e/9781003028000, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license
Book Synopsis Children's Rights and Refugee Law by : Samantha Arnold
Download or read book Children's Rights and Refugee Law written by Samantha Arnold and published by . This book was released on 2019-03-28 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. ed. 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.
Book Synopsis Monitoring State Compliance with the UN Convention on the Rights of the Child by : Ziba Vaghri
Download or read book Monitoring State Compliance with the UN Convention on the Rights of the Child written by Ziba Vaghri and published by Springer Nature. This book was released on 2022-01-03 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The European Union Returns Directive and Its Compatibility with International Human Rights Law by : Izabella Majcher
Download or read book The European Union Returns Directive and Its Compatibility with International Human Rights Law written by Izabella Majcher and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The book assesses the EU Returns Directive against international human rights norms and standards. [The author] explores protection gaps in the EU return policy and highlights how the provisions of the Directive should be implemented in line with member states' human rights obligations. Informed by this assessment, the book discusses draft amendments to the Directive, proposed by the European Commission in September 2018."--
Book Synopsis Child Migration and Human Rights in a Global Age by : Jacqueline Bhabha
Download or read book Child Migration and Human Rights in a Global Age written by Jacqueline Bhabha and published by Princeton University Press. This book was released on 2016-05-17 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Research Handbook on Child Migration by : Jacqueline Bhabha
Download or read book Research Handbook on Child Migration written by Jacqueline Bhabha and published by Edward Elgar Publishing. This book was released on 2018-08-31 with total page 553 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis European Migration Law by : Pieter Boeles
Download or read book European Migration Law written by Pieter Boeles and published by . This book was released on 2014 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Children on the Move by : Mike Dottridge
Download or read book Children on the Move written by Mike Dottridge and published by UN. This book was released on 2013 with total page 118 pages. Available in PDF, EPUB and Kindle. Book excerpt: Millions of children are on the move, both within and between countries, with or without their parents. The conditions under which movement takes place are often treacherous, putting migrant children, especially unaccompanied and separated children, at an increased risk of economic or sexual exploitation, abuse, neglect and violence. Policy responses to protect and support these migrant children are often fragmented and inconsistent and while children on the move have become a recognised part of today's global and mixed migration flows they are still largely invisible in debates on both child protection and migration.
Book Synopsis Children's Rights and Refugee Law by : Samantha Arnold
Download or read book Children's Rights and Refugee Law written by Samantha Arnold and published by Routledge. This book was released on 2017-08-09 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Children's Rights in Norway by : Malcolm Langford
Download or read book Children's Rights in Norway written by Malcolm Langford and published by . This book was released on 2019 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: Norway tops international indexes on children's rights but continues to attract criticism for its level of compliance with the Convention of the Rights of Child. This book address this implementation paradox.The authors ask: What is the current level of implementation? How can we explain any gap in perceived performance? Can we improve our measurement of children's rights? With the use of quantitative and qualitative methods, the volume examines a wide range of areas relevant to children's rights. These include child protection and sexual violence, detention and policing, poverty and custody proceedings, asylum and disability, sexual orientation and gender identity, and childcare and human rights education. In addition, the book offers a proposal for an alternative statistical approach to measuring Norway's performance. The book's editors conclude by pointing towards the complex set of factors that complicate full realisation and the need for the Government to engage in proper measurement of implementation
Book Synopsis The Child in International Refugee Law by : Jason M. Pobjoy
Download or read book The Child in International Refugee Law written by Jason M. Pobjoy and published by Cambridge University Press. This book was released on 2017-04-27 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first comprehensive study of the challenges faced by children in establishing entitlement to refugee protection. This book, which draws extensively on national case law from the United States, the United Kingdom, Canada, New Zealand and Australia, will be an invaluable resource for any academic, decision-maker or practitioner working in the area.
