Reconceptualising Unaccompanied Child Asylum Seekers And The Law

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Reconceptualising Unaccompanied Child Asylum Seekers and the Law

Author : Jennifer L. Whelan
Publisher : Taylor & Francis
ISBN 13 : 1000688224
Total Pages : 153 pages
Book Rating : 4.0/5 (6 download)

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Book Synopsis Reconceptualising Unaccompanied Child Asylum Seekers and the Law by : Jennifer L. Whelan

Download or read book Reconceptualising Unaccompanied Child Asylum Seekers and the Law written by Jennifer L. Whelan and published by Taylor & Francis. This book was released on 2022-09-30 with total page 153 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. Grover
Publisher : Springer
ISBN 13 : 3319780131
Total Pages : 251 pages
Book Rating : 4.3/5 (197 download)

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Book Synopsis Child Refugee Asylum as a Basic Human Right by : Sonja C. Grover

Download or read book Child Refugee Asylum as a Basic Human Right written by Sonja C. Grover and published by Springer. This book was released on 2018-05-24 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Rights of Unaccompanied Minors

Author : Yvonne Vissing
Publisher : Springer Nature
ISBN 13 : 3030755940
Total Pages : 326 pages
Book Rating : 4.0/5 (37 download)

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Book Synopsis The Rights of Unaccompanied Minors by : Yvonne Vissing

Download or read book The Rights of Unaccompanied Minors written by Yvonne Vissing and published by Springer Nature. This book was released on 2021-07-22 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Unaccompanied Children in European Migration and Asylum Practices

Author : Mateja Sedmak
Publisher : Taylor & Francis
ISBN 13 : 1317275373
Total Pages : 200 pages
Book Rating : 4.3/5 (172 download)

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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.

Protecting Migrant Children

Author : Mary Crock
Publisher : Edward Elgar Publishing
ISBN 13 : 1786430266
Total Pages : 553 pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis Protecting Migrant Children by : Mary Crock

Download or read book Protecting Migrant Children written by Mary Crock and published by Edward Elgar Publishing. This book was released on 2018-09-28 with total page 553 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unprecedented numbers of children are crossing international borders seeking safety. Framed around compelling case studies explaining why children are on the move in Africa, the Americas, Asia, Europe, the Middle East and Oceania, this book explores the jurisprudence and processes used by nations to adjudicate children’s protection claims. The book includes contributions from leading scholars in immigration, refugee law, children’s rights and human trafficking which critically examine the strengths and weaknesses of international and domestic laws with the aim of identifying best practice for migrant children.

European Asylum Law and the Rights of the Child

Author : Ciara Smyth
Publisher : Routledge
ISBN 13 : 1135120277
Total Pages : 397 pages
Book Rating : 4.1/5 (351 download)

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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 397 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.

Social Work with Unaccompanied Asylum-Seeking Children

Author : Ravi Kohli
Publisher : Bloomsbury Publishing
ISBN 13 : 0230625754
Total Pages : 264 pages
Book Rating : 4.2/5 (36 download)

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Book Synopsis Social Work with Unaccompanied Asylum-Seeking Children by : Ravi Kohli

Download or read book Social Work with Unaccompanied Asylum-Seeking Children written by Ravi Kohli and published by Bloomsbury Publishing. This book was released on 2006-12-07 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Kohli offers a comprehensive overview of what is known about the resettlement of young asylum-seekers, answering social work practitioners' need for a fuller understanding. After reviewing existing approaches, research evidence and current practice, students and practitioners are presented with a new conceptual framework for social work.

Undocumented and Unaccompanied

Author : Cecilia Menjívar
Publisher : Routledge
ISBN 13 : 1000505901
Total Pages : 140 pages
Book Rating : 4.0/5 (5 download)

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Book Synopsis Undocumented and Unaccompanied by : Cecilia Menjívar

Download or read book Undocumented and Unaccompanied written by Cecilia Menjívar and published by Routledge. This book was released on 2021-11-29 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Supporting Unaccompanied Children in the Asylum Process

Author : Wendy Ayotte
Publisher : Save Children
ISBN 13 : 9781899120888
Total Pages : 76 pages
Book Rating : 4.1/5 (28 download)

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Book Synopsis Supporting Unaccompanied Children in the Asylum Process by : Wendy Ayotte

Download or read book Supporting Unaccompanied Children in the Asylum Process written by Wendy Ayotte and published by Save Children. This book was released on 1998-01-01 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Research paper investigat[ing] unaccompanied child asylum seekers' experiences of legal representation, and the views of relevant professionals about what they identify as problems with legal representation, as well as what constitutes desirable good practice for legal representatives acting for children in the asylum process" -- Summary, p. 61.

Handbook of Sport and International Development

Author : Nico Schulenkorf
Publisher : Edward Elgar Publishing
ISBN 13 : 1800378920
Total Pages : 473 pages
Book Rating : 4.8/5 (3 download)

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Book Synopsis Handbook of Sport and International Development by : Nico Schulenkorf

Download or read book Handbook of Sport and International Development written by Nico Schulenkorf and published by Edward Elgar Publishing. This book was released on 2023-11-03 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: With sport sustaining a prominent place in international development policymaking, discourse and delivery, this comprehensive Handbook provides a contemporary, multi-disciplinary overview of state-of-the-art scholarship in this critical space. It investigates the role that different sport initiatives – from community-focused projects to large-scale events – can play across a great variety of development contexts.

Family Reunification in Europe

Author : Ellen Desmet
Publisher : Taylor & Francis
ISBN 13 : 1040116752
Total Pages : 343 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Family Reunification in Europe by : Ellen Desmet

Download or read book Family Reunification in Europe written by Ellen Desmet and published by Taylor & Francis. This book was released on 2024-09-10 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a multi-disciplinary investigation of family reunification laws, policies and practices across the European Union. Family reunification – the possibility for family members to (re)unite in a country where one of them is residing – has been high on the political agenda. Building on original empirical research with families and practitioners as well as in-depth doctrinal analyses, the book explores the fragmentation of legal rules, the gaps between formal regulations and practices, and their consequences for families across borders. Different contributions in the volume point to the growing inequalities among and within applicant families, based on residence status, gender, location, citizenship and socio-economic resources, due to the family reunification regimes currently in place.The book enhances interdisciplinary dialogue by providing clear insights into the specific contribution of migration law, private international law and social scientific analyses to the study of family reunification. The book is aimed at researchers working on the topic of family reunification, as well as students of law and socio-legal studies and practitioners in the field of migration.

Unaccompanied Young Migrants

Author : Clayton, Sue
Publisher : Policy Press
ISBN 13 : 1447331869
Total Pages : 312 pages
Book Rating : 4.4/5 (473 download)

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Book Synopsis Unaccompanied Young Migrants by : Clayton, Sue

Download or read book Unaccompanied Young Migrants written by Clayton, Sue and published by Policy Press. This book was released on 2019-01-30 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Taking a multi-disciplinary perspective, and one grounded in human rights, Unaccompanied young migrants explores in-depth the journeys migrant youths take through the UK legal and care systems. Arriving with little agency, what becomes of these children as they grow and assume new roles and identities, only to risk losing legal protection as they reach eighteen? Through international studies and crucially the voices of the young migrants themselves, the book examines the narratives they present and the frameworks of culture and legislation into which they are placed. It challenges existing policy and questions, from a social justice perspective, what the treatment of this group tells us about our systems and the cultural presuppositions on which they depend.

(Un)Settled Sojourners in Cities

Author : Elizabeth Chacko
Publisher : Taylor & Francis
ISBN 13 : 1000840700
Total Pages : 184 pages
Book Rating : 4.0/5 (8 download)

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Book Synopsis (Un)Settled Sojourners in Cities by : Elizabeth Chacko

Download or read book (Un)Settled Sojourners in Cities written by Elizabeth Chacko and published by Taylor & Francis. This book was released on 2023-02-28 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: Temporary migration is a human response to uncertain economic, ecological, political and socio-cultural environments. This book provides an important contribution to the literature on the rights, lived experiences and trajectories of temporary migrants. It focuses on the precarity of temporary migrants at different scales in urban settings, varying from the household, institution, and neighbourhood, to the city. Temporary migrants experience oscillations in precarity that vary with their categorization as skilled (professionals with valued skill sets, international students) or unskilled (domestic workers, labourers), their ambiguous legal status and the locales in which they reside and work. Individual chapters use case studies from around the world (USA, Canada, Ireland, Turkey, Singapore, China) to show how temporal and scalar precarity intersect and are mediated by national and local policies, civil society, as well as the personal and social attributes of migrants themselves such as gender, race, and country of origin. Although often overlooked due to their transitory status, the chapters demonstrate how temporary migrants are embedded in urban life and resist their categorization as disposable through individual and collective efforts. This book will be of interest to researchers and advanced students of Sociology, Politics, Human Geography, Urban Studies, and Social and Cultural Anthropology. It was originally published as a special issue of the Journal of Ethnic and Migration Studies.

Unaccompanied Asylum Seeking Children

Author : Jim Wade
Publisher : British Association for Adoption & Fostering(BAAF)
ISBN 13 : 9781903699867
Total Pages : 252 pages
Book Rating : 4.6/5 (998 download)

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Book Synopsis Unaccompanied Asylum Seeking Children by : Jim Wade

Download or read book Unaccompanied Asylum Seeking Children written by Jim Wade and published by British Association for Adoption & Fostering(BAAF). This book was released on 2005 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: The displacement of unaccompanied young people to countries far from home happens for many reasons: what unites these young people is the experience of being separated from their roots, their culture and all that is familiar. Important questions examined here include: are young asylum seekers entitled to the same services as children in the UK care system and, if so, do they receive it?; how are young people's needs defined and assessed?; and how do the services provided affect their progress and welfare?

Refugee Protection and the Role of Law

Author : Susan Kneebone
Publisher : Routledge
ISBN 13 : 1135046905
Total Pages : 367 pages
Book Rating : 4.1/5 (35 download)

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Book Synopsis Refugee Protection and the Role of Law by : Susan Kneebone

Download or read book Refugee Protection and the Role of Law written by Susan Kneebone and published by Routledge. This book was released on 2014-06-27 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sixty years on from the signing of the Refugee Convention, forced migration and refugee movements continue to raise global concerns for hosting states and regions, for countries of origin, for humanitarian organisations on the ground, and, of course, for the refugee. This edited volume is framed around two themes which go to the core of contemporary ‘refugeehood’: protection and identity. It analyses how the issue of refugee identity is shaped by and responds to the legal regime of refugee protection in contemporary times. The book investigates the premise that there is a narrowing of protection space in many countries and many highly visible incidents of refoulement. It argues that ‘Protection’, which is a core focus of the Refugee Convention, appears to be under threat, as there are many gaps and inconsistencies in practice. Contributors to the volume, who include Erika Feller, Elspeth Guild, Hélène Lambert and Roger Zetter, look at the relevant issues from the perspective of a number of different disciplines including law, politics, sociology, and anthropology. The chapters examine the link between identity and protection as a basis for understanding how the Refugee Convention has been and is being applied in policy and practice. The situation in a number of jurisdictions and regions in Europe, North America, South East Asia, Africa and the Middle East is explored in order to ask the question does jurisprudence under the Refugee Convention need better coordination and how successful is oversight of the Convention?

Serious International Crimes, Human Rights, and Forced Migration

Author : James C. Simeon
Publisher : Routledge
ISBN 13 : 1000539369
Total Pages : 481 pages
Book Rating : 4.0/5 (5 download)

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Book Synopsis Serious International Crimes, Human Rights, and Forced Migration by : James C. Simeon

Download or read book Serious International Crimes, Human Rights, and Forced Migration written by James C. Simeon and published by Routledge. This book was released on 2022-02-10 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume elucidates and explores the interrelationships and direct causal connection between serious international crimes, serious breaches to fundamental human rights, and gross affronts to human dignity that lead to mass forced migration. Forced migration most often occurs in the context of protracted armed conflict of a noninternational nature where terrorism, fierce fighting, deep animosity, tit-for-tat retaliation, and “rapid dominance” doctrine all lead to the commission of atrocity crimes. Accordingly, this volume makes a valuable contribution to the literature and to the cause of trying to resolve mass forced displacement at its root cause, to explore the course that it takes, and how it might be prevented. The collection comprises original research by leading legal scholars and jurists focusing on the three central themes of serious international crimes, human rights, and forced migration. The work also includes a Foreword from Sir Howard Morrison, QC, former President of the Appeals Division of the International Criminal Court. The book will be a valuable resource for students, academics, researchers, and policymakers working in the areas of international law, migration, human rights, and international criminal law.

The Bloomsbury Handbook of Theories in Childhood Studies

Author : Sarada Balagopalan
Publisher : Bloomsbury Publishing
ISBN 13 : 1350263850
Total Pages : 393 pages
Book Rating : 4.3/5 (52 download)

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Book Synopsis The Bloomsbury Handbook of Theories in Childhood Studies by : Sarada Balagopalan

Download or read book The Bloomsbury Handbook of Theories in Childhood Studies written by Sarada Balagopalan and published by Bloomsbury Publishing. This book was released on 2023-11-02 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Bloomsbury Handbook of Theories in Childhood Studies brings together an international group of childhood studies scholars who work with a range of critical theories. It speaks to both scholars and students by addressing questions such as how childhoods are diversely constructed and how children's experiences can be better understood. The volume draws together a diversity of theoretical perspectives from the social sciences and humanities such as critical race studies, disability studies, posthumanism, feminism, politics, decolonialism, queer theory and postcolonialism to generate a much-needed conversation about how to move childhood studies forward as a grounded field of research. The volume is subdivided into three sections - subjectivities, relationalities, and structures - each of which addresses different but interrelated approaches to childhood studies theorization. This handbook will be an essential text not just for childhood studies researchers, but for all those interested in theorizing what childhood is, what work it does and who children are.