scholarly journals The Use of Age Assessment in the Context of Child Migration: Imprecise, Inaccurate, Inconclusive and Endangers Children’s Rights

Children ◽  
2019 ◽  
Vol 6 (7) ◽  
pp. 85
Author(s):  
Ranit Mishori

Anecdotal reports suggest migrant children at the US border have had to undergo age assessment procedures to prove to immigration officials they qualify for special protections afforded to those under age 18. There are a variety of methods to assess the chronological ages of minors, including imaging studies such as X-rays of the wrist, teeth, or collarbone. However, these procedures have come under great scrutiny for being arbitrary and inaccurate, with a significant margin of error, because they are generally based on reference materials that do not take into account ethnicity, nutritional status, disease, and developmental history, considerations which are especially relevant for individuals coming from conflict and/or resource-constrained environments. Using these procedures for migration purposes represent an unethical use of science and medicine, which can potentially deprive minors with the protections that they are owed under US and international laws, and which may have devastating consequences. We should advocate for the creation special protocols, educate law enforcement and legal actors, ensure such procedures are carried out only as a last resort and by independent actors, emphasize child protection and always put the child’s best interest at the core.

Author(s):  
Yong-Yi Wang ◽  
Ming Liu ◽  
David Horsley ◽  
Gery Bauman

Alternative girth weld defect acceptance criteria implemented in major international codes and standards vary significantly. The requirements for welding procedure qualification and the allowable defect size are often very different among the codes and standards. The assessment procedures in some of the codes and standards are more adaptive to modern micro-alloyed TMCP steels, while others are much less so as they are empirical correlations of test data available at the time of the standards creation. A major effort funded jointly by the US Department of Transportation and PRCI has produced a comprehensive update to the girth weld defect acceptance criteria. The newly proposed procedures have two options. Option 1 is given in an easy-to-use graphical format. The determination of allowable flaw size is extremely simple. Option 2 provides more flexibility and generally allows larger flaws than Option 1, at the expense of more complex computations. Option 1 also has higher fracture toughness requirements than Option 2, as it is built on the concept of plastic collapse. In comparison to some existing codes and standards, the new procedures (1) provide more consistent level of conservatism, (2) include both plastic collapse and fracture criteria, and (3) give necessary considerations to the most frequently occurring defects in modern pipeline constructions. This paper provides an overview of the technical basis of the new procedures and validation against experimental test data.


2017 ◽  
Vol 25 (51) ◽  
pp. 77-94
Author(s):  
Giovanni Giulio Valtolina ◽  
Marina D’Odorico

Abstract Despite the increasing social impact of unaccompanied migrant minors (UAMs) in many European Union (EU) member states, EU regulations on UAMs are still inadequate and the necessary protection measures are thus insufficient. More specifically, the “best interest of the child”, stated in a large number of international documents, may not be properly guaranteed. In addition, there is often a discrepancy between the rights of migrant children, according to the international legislation, and the actual protection they receive. Moreover, despite the declared aim of reaching a common standard of reception and inclusion, policies and practices across Europe are still very different. The paper attempts to highlight and discuss some critical issues regarding UAMs in Europe. Over and beyond the need for the EU to develop a common framework, greater efforts should be made in order to improve inclusion of UAMs, especially to ensure the management of the phenomenon beyond the current emergency.


2020 ◽  
pp. 89-111
Author(s):  
Mari Rysst

In this chapter I discuss cultural values related to child protection services (CPS). More precisely, I focus on professionals working in CPS and their relationship and meetings with families of immigrant origins. These meetings often reflect different cultural values and understandings of “the best interest of the child” and may cause tensions and misunderstandings. In the Norwegian CPS system, professionals have to draw on professional and personal experiences in decisions concerning the “best interest of the child”. This chapter uses concepts and perspectives from psychological anthropology to throw light on these processes. This is because these perspectives show how ideas and experiences are internalized and embodied as dispositions in habitus that may motivate certain actions when professionals and immigrant families meet. I also discuss whether some reactions and advice from professionals may be understood as ethnocentric because Norwegian parenting values are presented as “better” than parenting values from other countries.


2020 ◽  
pp. 49-65
Author(s):  
Grethe Netland

The focus of this chapter is the potential conflicts between the values that are basic in the work of Norwegian child protection service. Such values are expressed in principles that serve as guidelines for judgement and decisions in the field. ‘The best interest of the child’ principle is held to be grounding. The ‘mildest intervention’ principle and the ‘biological’ principle are normally held to be at the core of how the best interest of the child is to be understood. Important in child protection work, is to interpret the principles, weigh them, and consider what implications they should have in specific cases. I argue that if, for some reason, one principle is ascribed too much weigh on the cost of others, the solution for the child might not be in its best interest. I highlight the importance of not only weighing the principles against each other, but also creating a coherent balance between the principles, people’s moral intuitions and the actual practices of the service. To this end, I suggest that John Rawls’s model called reflective equilibrium might be workable.


Author(s):  
Elena Arce Jiménez

Resumen: Las dificultades para ser escuchado del menor extranjero en cualquier procedimiento que le afecte ponen de relieve las deficiencias generales existentes en nuestro ordenamiento jurídico para hacer efectivos los derechos de los que son titulares las personas menores de edad, sean extranjeras o no. Se analiza en primer lugar el artículo 12 de la Convención de los Derechos del niño, las condiciones imprescindibles para para hacer efectivo el derecho a ser escuchado y la conexión que existe entre ese derecho y la consideración primordial de su interés superior. A continuación se hace un repaso de la regulación española de los procedimientos de repatriación de menores extranjeros no acompañados a la luz del interés superior del menor y su derecho a ser escuchado. Abstract: The current challenges that migrant children face to have their right to be heard fulfilled and respected, put in evidence the general deficiencies of our legal system ensuring  the effective enjoyment of children rights, irrespective if the children in question are migrant or not. At the outset, article12 of the Convention on the Rights of the Child and its content is analysed, including the essential requirements for an effective implementation and enjoyment of the right to be heard and its linkages with the best interest of the child as the primary consideration. An analysis of the Spanish regulations under the return procedures for unaccompanied foreignchildren is also provided in light of the respect of the best interests of the child and their right to be heard.


Author(s):  
Jill Duerr Berrick ◽  
Jaclyn Chambers

This chapter demonstrates how concerns about avoiding errors and mistakes have been at the centre of child protection policy and practice in the US for many years. In particular the chapter focuses on providing a summary of the state of the art relating to risk assessment tools and predictive analytics as strategies to reduce error in child welfare decision making. It also examines whether our understanding of ‘error’ needs to shift to account for the unknowns. When social workers make decisions based upon fundamental principles, and when they determine that it is in the interests of a child to privilege one principle over another, the result may appear in hindsight as an “error”, but when made as a decision guided by one widely-held principle which was in direct conflict with another. Examining child welfare decision making as a process of selecting and then privileging one principle over another narrows what we might otherwise think of as an ‘error’ and instead recasts some decisions as exceedingly difficult to get ‘right’.


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