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Safeguarding Childrens Rights In Immigration Law
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Book Synopsis Safeguarding Children's Rights in Immigration Law by : Mark Klaassen
Download or read book Safeguarding Children's Rights in Immigration Law written by Mark Klaassen and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. This book reflects the growing concern for children and children's rights in immigration in academia and practice and 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.
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.
Book Synopsis Child Rights and International Discrimination Law by : Marit Skivenes
Download or read book Child Rights and International Discrimination Law written by Marit Skivenes and published by Routledge. This book was released on 2019-02-22 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Societies and states are at a crossroad in how children are treated and how their rights are respected and protected. Children ́s new position and their strong rights create tensions and challenge the traditional relationships between family and the state. The United Nations Convention on the Rights of the Child was adopted unanimously by the General Assembly of the United Nations in 1989 and came into force in 1990. Article 2 places states under an obligation to accord primacy to the best interests of the child in all actions concerning children and to ensure and regulate child protection. This book offers a comparative and critical analysis of the implementation of Article 2 of the United Nations Convention on the Rights of the Child. In order to examine how Article 2 is being implemented, it is essential to have a sound understanding of the obligations it emposes. The opening chapters will explore the precise content of these obligations in terms of the legislative history of the text, its underlying philosophy, its amplification by the United Nations Committee on the Rights of the Child, and subsequent authoritative interpretations of it by courts around the world. The book will then drill down into the conceptual and theoretical challenges posed by the very nature of the obligations and will offer in-depth exploration of the long-running ‘rights v welfare’ debate that has always presented something of a challenge in giving effect to children’s rights. Contributors are leading academics in the children’s rights field drawn from a wide range of countries and jurisdictions worldwide, including those with common law, civilian and mixed traditions. Disciplines represented in the book include law, psychology, political science, childhood studies, social work and anthropology. By drawing together the various facets of Article 2 and analysing it from a range of perspectives, the volume provides a coherent and comprehensive inter-disciplinary analysis on discrimination and the rights of the child.
Book Synopsis Slipping Through the Cracks by : Rosa Ehrenreich
Download or read book Slipping Through the Cracks written by Rosa Ehrenreich and published by Human Rights Watch. This book was released on 1997 with total page 130 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rights of aliens in general
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 Safeguarding Children from Abroad by : Emma Kelly
Download or read book Safeguarding Children from Abroad written by Emma Kelly and published by Jessica Kingsley Publishers. This book was released on 2012 with total page 179 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis In the Child's Best Interest? by : Jonathan Baum
Download or read book In the Child's Best Interest? written by Jonathan Baum and published by DIANE Publishing. This book was released on 2010-10 with total page 19 pages. Available in PDF, EPUB and Kindle. Book excerpt: Congress is considering a comprehensive overhaul of the nation¿s immigration laws more than a decade after the enactment of strict immigration measures. Current U.S. immigration laws mandate deportation of lawful permanent resident (LPR) parents of thousands of U.S. citizen children, without providing these parents an opportunity to challenge their forced separations. Through a multi-disciplinary analysis, this policy brief examines the experiences of U.S. citizen children impacted by the forced deportation of their LPR parents and proposes ways to reform U.S. law consistent with domestic and international standards aimed to improve the lives of children. Charts and tables.
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 In the Child's Best Interest? by : Jonathan Baum
Download or read book In the Child's Best Interest? written by Jonathan Baum and published by . This book was released on 2010 with total page 19 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Whose Child Am I? by : Susan J. Terrio
Download or read book Whose Child Am I? written by Susan J. Terrio and published by Univ of California Press. This book was released on 2015-05 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2014, the arrest and detention of thousands of desperate young migrants at the southwest border of the United States exposed the U.S. government's shadowy juvenile detention system, which had escaped public scrutiny for years. This book tells the story of six Central American and Mexican children who are driven from their homes by violence and deprivation, and who embark alone, risking their lives, on the perilous journey north. They suffer coercive arrests at the U.S. border, then land in detention, only to be caught up in the battle to obtain legal status. Whose Child Am I? looks inside a vast, labyrinthine system by documenting in detail the experiences of these youths, beginning with their arrest by immigration authorities, their subsequent placement in federal detention, followed by their appearance in deportation proceedings and release from custody, and, finally, ending with their struggle to build new lives in the United States. This book shows how the U.S. government got into the business of detaining children and what we can learn from this troubled history.
Book Synopsis In Children's Best Interests by : Dennis Stinchcomb
Download or read book In Children's Best Interests written by Dennis Stinchcomb and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: For over a century, the “best interests of the child” standard has served as the cornerstone of a robust legal architecture erected by every state in the U.S. to safeguard the well-being of children, regardless of their immigration status. At the state level, the principle guides decision-making regarding a child's custody, placement, and other critical life issues, such as access to services. A global consensus, embodied in the UN Convention on the Rights of the Child (CRC), has also embraced the best interests standard as the fundamental framework to guide decision-making involving children. But while the best interests principle is firmly rooted in domestic and international law, the U.S. immigration context remains an anomaly. The Trump administration's systematic assault on the rights of immigrant children has illustrated the consequences of rendering immigration policy blind to the unique needs, vulnerabilities, and capacities of children. This report synthesizes and builds upon presentations from leading scholars, practitioners, and advocates at a two-day symposium hosted at American University in February 2020. Part I of the report takes an exploratory and critical look at the best interests paradigm and its application in a range of relevant contexts, reflecting on the standard's strengths and shortcomings. Part II catalogues the Trump administration's policies and their harm both to children's well-being and to the integrity of the immigration process. Part III concludes with recommendations for infusing basic child welfare principles into decision-making involving immigrant children and offers suggestions for how stakeholders can incorporate the best of the best interests standard while charting an even better way forward.
Book Synopsis Unaccompanied Migrant Children by : Hille Haker
Download or read book Unaccompanied Migrant Children written by Hille Haker and published by Lexington Books. This book was released on 2018-12-12 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: International scholars from different disciplines examine the experiences of unaccompanied migrant children before, throughout, and after their journeys and analyze US and European policy changes in national and international law. Several theologians explore new approaches to a Catholic social ethics of child migration.
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's Rights and the Law by : Hilaire Barnett
Download or read book Children's Rights and the Law written by Hilaire Barnett and published by Routledge. This book was released on 2021-11-14 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis U.S. Immigration Law by : Sarah J. Flagel
Download or read book U.S. Immigration Law written by Sarah J. Flagel and published by . This book was released on 2011 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thesis seeks to evaluate U.S. immigration law and policy in light of their observable impact on children. My purpose is to review and assess the efficacy of current family reunification law specifically as regards minors: its clarity or ambiguity, consistency in application, and its effects on respect for the rule of law and just consequences. Section one addresses normative dimensions of justice including the legal notion that a punishment meted out should be proportionate to the crime of the perpetrator, the idea of consistency as a necessary though insufficient aspect of justice, and the importance of understanding the complexities of the casually used notion of the "rule of law." Section two considers the legal and social precedents for special consideration of minors through a historical review comparing the development of immigration law and the concept of "childhood." Section three details specific failures under immigration law for children with a special focus on the additional grounds of inadmissibility outlined in the Illegal Immigration Reform and Responsibilities Act (IIRAIRA). My goal is to expose the consequences such laws have on minors as well as the ways significant inconsistencies undermine the immigrant, adjudicator, and nation's respect for the law. My analysis will conclude with recommendations for reform in light of the plenary power doctrine and the notion that minors without legal status may not expect protection under our laws. Perhaps if advocates for reform on either side of the debate began with reform for children, concessions could be made leading to more coherent and comprehensive policies for our nation.
Download or read book Child Migration written by Kathryn Cronin and published by . This book was released on 2022 with total page 952 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This new title deals with core issues such as the history of child migration, jurisdiction issues (domicile, habitual residence and the presence of the child) as well as the family and immigration issues associated with family travel, family separation, the creation of family relationships through adoption, surrogacy, guardianship and the movement of unaccompanied and trafficked children. In each of these cases, the parties and courts are likely to be dealing with intersecting family and immigration laws. These cases are now more frequent and more complex with one explanation for this increase being the UK's changed demography. The book provides the detail, case authority, international guidance and practical experience with the case contexts in which these issues arise. There are regular sections where following an exposition on the law; the book then addresses the issues by reference to model case facts. It features the core international (UN, Council of Europe, HCCH) and EU family directives, UK wide and English and Scottish family laws, UK wide English and Scottish cases and guidance as well as nationality and immigration laws, rules and policies including: - The Immigration Act 2016 - Immigration Rules 2016 - Human Fertilisation and Embryology Acts 1990 and 2008 - British Nationality Act 1981 - The Children Act 1989 - The Hague Convention on the Protection of Children and Co-operation in Respect of Inter-country Adoption (Convention) - European Convention on Human Rights (as amended) An essential guide to this complex area of law for both practitioners at entry level and experienced practitioners."--
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.
