Protecting Migrant Children


Protecting Migrant Children

In Search of Best Practice

9781786430250 Edward Elgar Publishing
Edited by Mary Crock, Professor of Public Law, Sydney Law School, The University of Sydney, Australia and Lenni B. Benson, Professor of Law, New York Law School, US
Publication Date: 2018 ISBN: 978 1 78643 025 0 Extent: 552 pp
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.

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With unprecedented numbers of children on the move in search of safety, Protecting Migrant Children explores the complex legal and human rights issues that arise when children cross borders as migrants. It critically examines the strengths and weaknesses of international and domestic laws with the aim of identifying best practice for migrant children.

The book brings together an interdisciplinary and multinational group of experts to assess the nature and root causes of child migration in different parts of the world, featuring national and comparative case studies in Australia, Canada, Europe, the United States and parts of Asia and Africa. The contributors address systematically the many challenges experienced and posed by young people who cross borders in search of protection, or a better quality of life. Identifying the many universal issues facing states who play host to these children, the book lays the foundations for new paradigms in law, policy and practice in the reception and management of child migrants, refugees and victims of trafficking.

Topical and engaging, this book is an important resource for academics and students in human rights law; migration and refugee law; the administrative and procedural issues of refugee law, and comparative law; as well as in the social sciences and health sciences. Policymakers and workers within the community sector will also find this book stimulating and informative.
Critical Acclaim
‘This is a valuable edited collection with wide appeal. It constitutes an important addition to the burgeoning literature on what are the mammoth and complex challenges to the realisation in practice of migrant children’s rights. It will be of interest and use to anyone concerned with children’s rights in the context of international migration and comfortably achieves the editors’ goal of providing ‘a foundation for assessment and improvement’ in the rather haphazard way in which states react to child migration.’
– Alan Desmond, Immigration, Asylum and Nationality Law

‘This collection provides a comprehensive, and at times chilling account of the challenges that are routinely faced by migrant children seeking the surrogate protection of the international community. It comes at a critical time, and is a must-have for any practitioner, scholar or decision-maker working in this important field.’
– Jason Pobjoy, Blackstone Chambers and Refugee Studies Centre, University of Oxford, UK

‘Over half of the world's refugees are children, yet too little of the legal literature focuses on their plight and rights. This book corrects that oversight by discussing the international framework for protecting migrant children. It provides a fresh and important addition to the literature, including possible solutions.’
– Stephen Yale-Loehr, Cornell University Law School, US

‘This compendium of international and country-specific approaches to protecting migrant children is a truly remarkable achievement. The world's leading scholars and practitioners of immigration, refugee, and child protection law assembled here offer a road map for understanding and action on behalf of the world's countless migrant children who, as the editors remind us, are both our responsibility and our future.’
– Peter H. Schuck, Baldwin Professor of Law Emeritus, Yale Law School, US
Contributors: E.O. Abuya, F.R. Anello, T. Baker, L.B. Benson, S. Bolton, K. Bones, M. Crock, C. Danisi, D. Ghezelbash, P. Goldberg, C. Holguín, C. Jarvis, K. Kapur, M.A. Kenny, J. Lelliott, M. Loughry, A. Malakooti, H. Martin, I. Martinez, G.L. Neuman, A. Olusese, S. Petros, G. Sadoway, A. Schloenhardt, S. Taylor, C.R. Thomas, D.B. Thronson, G. Triggs, K. Tyler, K.E. van Doore, S. Whitman, P. Yule, M. Zou


Foreword: the Plight of the Migrant Child

1. Central Issues in the Protection of Child Migrants
Mary Crock and Lenni B. Benson

2. The Where, When and How of Children on the Move
Arezo Malakooti

3. Why they Leave: Latin American Immigrant Youths and their Quest for SurvivaI
Isabel Martinez

4. First Things First: International Law and the Protection of Migrant Children
Mary Crock and Hannah Martin

5. Children and the Convention Relating to the Status of Refugees
Mary Crock and Phoebe Yule

6. Migrant Children and the United Nations Protocols against Smuggling of Migrants and Trafficking in Persons
Andreas Schloenhardt and Joseph Lelliott

7. Immigration Control and the Best Interests of the Child in Europe
Carmelo Danisi (with Mary Crock)

8. Under Siege: Alternative Care for Urban Unaccompanied and Separated Refugee Children in Kenya
Agnes Olusese, Shamm Petros and Edwin Odhiambo Abuya

9. Defending Migrant Children and Youth in the Inter-American System
Carlos Holguín and Kavita Kapur

PART II.2 Protection Frameworks: Case Studies
10. Child Migration and Trafficking in South-East Asia
Kathryn E. van Doore

11. Regulating Child Labour in China: A Historical Perspective of Internal Child Migration
Mimi Zou

12. Protecting Migrant Children in the United Kingdom
Catriona Jarvis and Syd Bolton

13. The Legal Treatment of Immigrant Children in the United States
David B. Thronson

14. Children and Refugee Law in Australia and the United States
Timnah Baker and Kate Bones

15. Protection Measures for Unaccompanied Child Migrants in Canada
Geraldine Sadoway

16. ‘These Don’t Look Like Children to Me’: Age Assessment of Unaccompanied and Separated Children
Mary Anne Kenny and Maryanne Loughry

17. Procedure Deficits in Protection for Immigrant Children in the United States
Lenni B. Benson and Claire R. Thomas

18. Asylum-Seeking Children and the Australian Protection Visa Process
Savitri Taylor

19. Detention as a Last Resort: The Implications of the Human Rights Committee’s General Comment No 35
Gerald L. Neuman

20. The Impact of Detention on the Health, Wellbeing and Development of Children: Findings from the Second National Inquiry into Children in Immigration Detention
Gillian Triggs

21. The Rise and Rise of Mandatory Immigration Detention
Daniel Ghezelbash

22. Nowhere to Turn: the Protection Needs of Children Defecting from Criminal Gangs
Farrin R. Anello

23. Don’t Look Behind You: Unaccompanied and Separated Children Who Have Participated in Armed Conflict in South Sudan
Kasey Tyler and Shelly Whitman

24. In Search of Solutions For Unaccompanied Children Fleeing Central America
Pamela Goldberg


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