Unaccompanied Children In European Migration And Asylum Practices

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.

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.

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.

Every year, thousands of young people on the run from war and persecution, or escaping poverty and chronic instability, make their way to Europe without their parents. Embarking on long and often dangerous journeys, they have either become separated from their families on the way or set out on their own. In recent years, the number of unaccompanied minors arriving in Europe has risen drastically. It has led to a major shift in perception in European countries, initiating a wealth of policies and infrastructures targeted specifically at unaccompanied child refugees. This book investigates the emergence of the unaccompanied child refugee as a ‘crisis figure’. It shows how the sense of exceptionality attached to this figure translates into ambiguous and at times extremely contradictory social practices that have far-reaching effects on the lives of refugee youth. By bringing together ethnographically driven research on unaccompanied minors in some of the core arrival and transit countries in or into Europe, it shows the divergent ways ideas on childhood, deservingness and vulnerability are interpreted, lived, and grappled with on the ground. By laying the focus on young people’s own experiences and perspectives, it establishes a deeper understanding of the ways unaccompanied asylum seekers live and make sense of shifting social terrains. The chapters in this book were originally published as a special issue of the Journal of Ethnic and Migration Studies.

The last twenty years have seen unprecedented numbers of refugee children entering Western countries. Many of these children will have experienced the atrocities of war and issues concerning their care and treatment are high on the agenda of research bodies, policy makers and service providers. Refugee Children is the first book to offer a wide ranging analysis of the context of care and the measures taken by nation states and intergovernmental bodies to address perceived problems. Drawing on a detailed examination of practices, the book outlines a model of good practice in the care of refugee children. Topics covered include: the treatment of asylum seeking children at the borders of industrialised countries reception, psycho-social problems, social capital, education, and issues relating to cultural diversity and integration a critical analysis of responses to these problems including the development of special programmes for refugee children, elements of good practice in the field the transfer of good practice between countries implications for the development of services and academic research in this vital area. With a series of case studies examining practices from a number of countries, Refugee Children makes a vital contribution both to the social care literature in this field and to theory and research in refugee and migration studies. As such it is essential reading for academic researchers in a range of disciplines including social policy, education, migration and refugee studies as well as service providers in health care, social care, housing and education. Charles Watters is Director of the European Centre for the Study of Migration and Social Care in the School of Social Policy, Sociology and Social Research at the University of Kent.

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).

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.

The essays that make up this book examine the question of child migration from legal, sociological and anthropological angles, examining the situation in both countries of origin and receiving countries.--Publisher's description.