In Whose Best Interests? The UK’s Implementation of Child Rights for Unaccompanied Minors Amidst Competing Legal, Economic, Social and Humanitarian Considerations

2021 ◽  
pp. 117-130
Author(s):  
Katharina Lee
Keyword(s):  
Best Interests ◽  
Unaccompanied Minors ◽  
Child Rights

Unaccompanied migrant youth in the Nordic countries

2019 ◽  
pp. 235-256
Author(s):  
Hilde Lidén
Keyword(s):  
Human Rights ◽  
Quantitative Data ◽  
Nordic Countries ◽  
Best Interests ◽  
Court Cases ◽  
Unaccompanied Minors ◽  
Rights Of The Child ◽  
Migrant Youth ◽  
New Policies ◽  
Human Rights Standards

This chapter explores the ambiguities and changes in regulations concerning unaccompanied asylum-seeking minors within, as well across, the Nordic countries, with regard to the gap between restrictions, new policies and practices on one hand, and the human rights standards set out in the UN Convention on the Rights of the Child and in immigrant-related legislation on the other. The chapter focuses on Sweden, Denmark and Norway. The chapter draws on research combining studies on documents and legal analyses (human rights conventions, national laws, regulations and court cases); an analysis of quantitative data from immigration authorities to identify particular areas of concern; and qualitative research, including fieldwork and interviews with unaccompanied minors, staff in reception centres, legal guardians and immigration authorities. The chapter highlights the growth in the discourse and policy of stricter immigration regulations over the best interests of the child.

scholarly journals PEMENUHAN HAK ANAK ATAS KESEHATAN DI PROVINSI NANGGROE ACEH DARUSSALAM DI DASARKAN QANUN ACEH NOMOR 11 TAHUN 2008 TENTANG PERLINDUNGAN ANAK

2011 ◽  
Vol 11 (2) ◽  
Author(s):  
Andri Kurniawan
Keyword(s):  
Legal Protection ◽  
The Body ◽  
Best Interests ◽  
Community Life ◽  
Right To Life ◽  
Child Rights ◽  
Rights Of The Child ◽  
Survival And Development ◽  
The Republic ◽  
Body Builder

Qanun Aceh No. 11 of 2008 concerning Protection of Children is based on the perspective that protection of children in all aspects is a part of the development activities and distinctive peculiarities of Aceh and promoting community life and nation in the Republic of Indonesia. Obligation to provide protection to children based on the principles of non-discrimination, the best interests of the child, right to life, survival, and development, and reward for the opinions of children. In the implementation, legal protection of children in Nanggroe Aceh Darussalam not fully comply. Those constraint relating with the legislation, the body builder, body organizer, health facilities and membership. Keywords  :   Qanun, Protection of the Child,  Rights of the Child on Health

Child in exile

2016 ◽  
Vol 35 (4) ◽  
pp. 118-126
Author(s):  
Monika Mačkinová ◽  
Agnieszka Nowicka
Keyword(s):  
Slovak Republic ◽  
Best Interests ◽  
Vulnerable Groups ◽  
The European Union ◽  
Unaccompanied Minors ◽  
Illegal Migration ◽  
Vulnerable Group ◽  
Illegal Migrants ◽  
The Status ◽  
Legislative Measures

Migration, as a global phenomenon has a long history also in the Slovak Republic. Most of the migrants come, or are passing through its territory legally. There are still cases of illegal migration, too. The reasons for this form of state borders crossing are diverse. Part of illegal migrants are also people who are belonging to vulnerable groups, including unaccompanied minors. Since this is a specific and particularly vulnerable group of migrants, the European Union and subsequently the Slovak Republic adopted several legislative measures in the area of migration and asylum. Their aim is to adjust the status of unaccompanied minors and to contribute to finding lasting solutions to their current situation, taking into account their best interests.

scholarly journals The rights of intended children: The best interests of the child argument in assisted reproduction policy

Childhood ◽  
2019 ◽  
Vol 26 (3) ◽  
pp. 352-368 ◽  
Author(s):  
Judith Lind
Keyword(s):  
Assisted Reproduction ◽  
Reproductive Rights ◽  
Interesting Case ◽  
Best Interests ◽  
Potential Conflict ◽  
Child Rights ◽  
Rights Of The Child

Assisted reproduction policies constitute a particularly interesting case for the study of child rights governance as the child here is an intended child. The child’s rights are in potential conflict not with the parental, but the reproductive rights of adults. The article aims to analyse the mobilisation of the best interests of the child principle as a rhetorical resource in Swedish assisted reproduction policies and to trace the limits of governance in the name of the rights of the child.

Conclusions

2020 ◽  
pp. 393-400
Author(s):  
Claire Fenton-Glynn
Keyword(s):  
Human Rights ◽  
Children's Rights ◽  
Children’S Rights ◽  
Best Interests ◽  
European Convention ◽  
Child Rights ◽  
Margin Of Appreciation ◽  
Participation Rights ◽  
Future Challenges ◽  
The Many

This chapter summarises how, as an instrument for the protection of children’s rights, the European Convention on Human Rights has come a long way from its limited beginnings in 1950, and the many achievements of the Court in enforcing and progressing children’s rights, both in terms of substantive rights and procedural safeguards. However, it also acknowledges the deficiencies of the Convention as a child rights instrument, noting in particular the lack of strong participation rights for children, the focus on ‘best interests’ rather than rights, and the emphasis placed on the margin of appreciation. Finally, the chapter outlines possible future challenges for children’s rights before the Court.

scholarly journals Safeguarding Children in the Developing World—Beyond Intra-Organisational Policy and Self-Regulation

2020 ◽  
Vol 9 (6) ◽  
pp. 98
Author(s):  
Afrooz Kaviani Johnson ◽  
Julia Sloth-Nielsen
Keyword(s):  
Child Protection ◽  
Developing World ◽  
Self Regulation ◽  
Developed Countries ◽  
Humanitarian Assistance ◽  
Best Interests ◽  
Unique Contribution ◽  
Least Developed Countries ◽  
Child Rights ◽  
Rights Of The Child

Safeguarding in the context of development and humanitarian assistance has received heightened international attention since 2018. Emerging literature has not yet investigated the extent to which responses are evolving in the best interests of the child, in line with the treaty-based rights of children. This article makes a unique contribution to scholarship by applying a child rights lens to safeguarding efforts in the aid sector with a focus on the least developed countries in Africa. The article first reviews the safeguarding landscape—providing a snapshot of self-regulatory and standard setting initiatives by non-government organisations (NGOs) and bilateral government donors. Next, the article examines the relevant standards in the Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child and respective Committee observations to enrich the safeguarding discussion. Finally, the article discusses key dilemmas and remaining challenges for safeguarding children in the developing world. The article suggests that a rights-based approach provides for a more nuanced and contextualised response, avoiding the temptation of ‘tick-box’ exercises driven by reputational management and ‘programming siloes’ imposed by humanitarian and development actors. To support sustained and consistent progress, efforts should go beyond intra-organisational policy and sectoral self-regulation. Child rights law monitoring mechanisms can be leveraged to encourage effective government oversight of NGOs in contact with children, as part of national frameworks for child protection. Donor governments should also consider and increase investment in national and local child protection systems to address risk factors to child abuse and ensure appropriate responses for any child that experiences harm.

Should Governments be Above the Law? The Canadian Human Rights Tribunal on First Nations Child Welfare

2015 ◽  
Vol 40 (2) ◽  
pp. 95-103 ◽  
Author(s):  
Cindy Blackstock
Keyword(s):  
Human Rights ◽  
Child Welfare ◽  
First Nations ◽  
Federal Government ◽  
Best Interests ◽  
Child Rights ◽  
Child Welfare Policy ◽  
Nations Child ◽  
Or Practice ◽  
The Government

Many child welfare statutes protect children when caregivers jeopardise their safety and best interests, but what if the risk is sourced in government child welfare policy or practice? Instead of including provisions to hold governments accountable for placing children in harm's way, governments and their agents are largely protected against any systemic maltreatment claims made against them. This paper describes a precedent-setting case before the Canadian Human Rights Tribunal attempting to hold the Canadian federal government accountable for its systemic failure to ensure that First Nations children are protected from maltreatment linked to inequitable federal child welfare funding on reserves. The case is a rare example using an independent judicial mechanism with the authority to make binding orders against the government and enveloping the proceedings in a public education and engagement movement. Implications of the case for child rights in Canada and abroad are discussed.

scholarly journals Reinventing the Refugee Camp as the City: Theoretical Considerations about Unaccompanied Minors

2021 ◽  
Vol 47 (3 (181)) ◽  
pp. 253-265
Author(s):  
Łukasz Albański ◽  
Małgorzata Krywult-Albańska
Keyword(s):  
Urban Space ◽  
Physical Space ◽  
Refugee Camp ◽  
Critical Discussion ◽  
Migrant Children ◽  
Political Community ◽  
Unaccompanied Minors ◽  
Child Rights ◽  
The City ◽  
Theoretical Considerations

The visible presence of migrant children (including unaccompanied minors) in current migratory flows manifestly requires some form of state attention in migrant destination states. In recent decades, the question of who is entitled to rights has become ever more discussed. At the same time, immigration regulations have tightened with increasing punitive measures taken against those labelled ‘undeserved and undocumented’. This paper seeks to connect a critical discussion of camp urbanization with the discourse on child rights within the context of the refugee camp space. Considering the urban not simply as a physical space, but also as a particular form of political community and the exercise of citizenship space, the paper explores the question: how does the reinvention of the camp as an urban space contribute to a new and better understanding of experiences and resources that unaccompanied minors arrive with? The article uses the analyses of the reference literature and provides an overview of some concepts to get a broader picture of spatial childhood within the camp. The conclusion is that children do not feature in the discussion of camp urbanization as individual subjects of concern. They are considered as possessions of adults. Moreover, they are trapped in a liminal situation of permanent temporariness. To spend one’s life in such a limbo of disenfranchised destitute has particularly devastating consequences for children.

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