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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law > Citizenship & nationality law > Immigration law
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Unaccompanied Children in European Migration and Asylum Practices - In Whose Best Interests? (Paperback)
Loot Price: R1,412
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Unaccompanied Children in European Migration and Asylum Practices - In Whose Best Interests? (Paperback)
Series: Routledge Research in Asylum, Migration and Refugee Law
Expected to ship within 10 - 15 working days
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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.
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