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Borderlines in Private Law

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Protecting Migrant Children: In Search of Best Practice

Edited by: Mary Crock, Lenni Benson

ISBN13: 9781786430250
Published: September 2018
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £156.00



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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.

Subjects:
Immigration, Asylum, Refugee and Nationality Law
Contents:
Preface
1. Central Issues in the Protection of Child Migrants
Mary Crock and Lenni Benson

PART I
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

PART II PROTECTION FRAMEWORKS
II.1 INTERNATIONAL AND REGIONAL FRAMEWORKS
4. First Things First: International Law and the Protection of Migrant Child 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 Holguin and Kavita Kapur
II.2 case studies
10. Child Migration and Trafficking in South East Asia
Kathryn van Doore
11. Regulating Child Labour in China: A Historical Perspective of Internal Child Migration
Mimi Zou

PART III PROTECTING CHILD MIGRANTS - DOMESTIC LAWS
12. Protecting Migrant Children in the United Kingdom
Catriona Jarvis and Sydney Bolton
13. The Legal Treatment of Immigrant Children in the United States
David Thronson
14. Children and Refugee Law in Australia and the United States
Kate Bones and Timnah Baker
15. Protection Measures for Unaccompanied Child Migrants in Canada
Geraldine Sadoway

PART IV PROCESS MATTERS
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 Benson and Claire Thomas
18. Asylum Seeking Children and the Australian Protection Visa Process
Savitri Taylor

PART V CHILDREN AND IMMIGRATION DETENTION
19. Detention as a Last Resort: The Implications of the Human Rights Committee’s General Comment No 35
Gerald 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

PART VI CHALLENGES AND SOLUTIONS
22. Fleeing the Maras from Within: Asylum Claims by Children Defecting from Criminal Gangs
Farrin 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

Index