Overview

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. Contributors include: E.O. Abuya, F. Anello, T. Baker, L.B. Benson, S. Bolton, K. Bones, M. Crock, C. Danisi, D. Ghezelbash, P. Goldberg, C. Holguin, C. Jarvis, K. Kapur, M.A. Kenny, J. Lelliott, M. Loughry, A. Malakooti, H. Martin, I. Martinez, G.L. Neuman, A. Olusese, S. Petros, G. Sadoway, A. Schloenhardt, S. Taylor, C. Thomas, D. Thronson, G. Triggs, K. Tyler, K. van Doore, S. Whitman, P. Yule, M. Zou

Full Product Details

Author:   Mary Crock ,  Lenni B. Benson
Publisher:   Edward Elgar Publishing Ltd
Imprint:   Edward Elgar Publishing Ltd
ISBN:  

9781786430250

ISBN 10:   1786430258
Pages:   552
Publication Date:   28 September 2018
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   To order  
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Table of Contents

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

Reviews

`Over half of the world's refugees are children, yet too little of the legal literature focuses on their plight and rights. This book corrects that oversight by discussing the international framework for protecting migrant children. It provides a fresh and important addition to the literature, including possible solutions.' -- Stephen Yale-Loehr, Cornell University Law School, US `This compendium of international and country-specific approaches to protecting migrant children is a truly remarkable achievement. The world's leading scholars and practitioners of immigration, refugee, and child protection law assembled here offer a road map for understanding and action on behalf of the world's countless migrant children who, as the editors remind us, are both our responsibility and our future.' -- Peter H. Schuck, Baldwin Professor of Law Emeritus, Yale Law School, US

'This collection provides a comprehensive, and at times chilling account of the challenges that are routinely faced by migrant children seeking the surrogate protection of the international community. It comes at a critical time, and is a must-have for any practitioner, scholar or decision-maker working in this important field.' --Jason Pobjoy, Blackstone Chambers and University of Oxford, UK 'Over half of the world's refugees are children, yet too little of the legal literature focuses on their plight and rights. This book corrects that oversight by discussing the international framework for protecting migrant children. It provides a fresh and important addition to the literature, including possible solutions.' --Stephen Yale-Loehr, Cornell University Law School, US 'This compendium of international and country-specific approaches to protecting migrant children is a truly remarkable achievement. The world's leading scholars and practitioners of immigration, refugee, and child protection law assembled here offer a road map for understanding and action on behalf of the world's countless migrant children who, as the editors remind us, are both our responsibility and our future.' --Peter H. Schuck, Baldwin Professor of Law Emeritus, Yale Law School, US

'This is a valuable edited collection with wide appeal. It constitutes an important addition to the burgeoning literature on what are the mammoth and complex challenges to the realisation in practice of migrant children's rights. It will be of interest and use to anyone concerned with children's rights in the context of international migration and comfortably achieves the editors' goal of providing 'a foundation for assessment and improvement' in the rather haphazard way in which states react to child migration.' -- Alan Desmond, Immigration, Asylum and Nationality Law 'This collection provides a comprehensive, and at times chilling account of the challenges that are routinely faced by migrant children seeking the surrogate protection of the international community. It comes at a critical time, and is a must-have for any practitioner, scholar or decision-maker working in this important field.' --Jason Pobjoy, Blackstone Chambers and University of Oxford, UK 'Over half of the world's refugees are children, yet too little of the legal literature focuses on their plight and rights. This book corrects that oversight by discussing the international framework for protecting migrant children. It provides a fresh and important addition to the literature, including possible solutions.' --Stephen Yale-Loehr, Cornell University Law School, US 'This compendium of international and country-specific approaches to protecting migrant children is a truly remarkable achievement. The world's leading scholars and practitioners of immigration, refugee, and child protection law assembled here offer a road map for understanding and action on behalf of the world's countless migrant children who, as the editors remind us, are both our responsibility and our future.' --Peter H. Schuck, Baldwin Professor of Law Emeritus, Yale Law School, US

`This collection provides a comprehensive, and at times chilling account of the challenges that are routinely faced by migrant children seeking the surrogate protection of the international community. It comes at a critical time, and is a must-have for any practitioner, scholar or decision-maker working in this important field.' -- Jason Pobjoy, Blackstone Chambers and University of Oxford, UK `Over half of the world's refugees are children, yet too little of the legal literature focuses on their plight and rights. This book corrects that oversight by discussing the international framework for protecting migrant children. It provides a fresh and important addition to the literature, including possible solutions.' -- Stephen Yale-Loehr, Cornell University Law School, US `This compendium of international and country-specific approaches to protecting migrant children is a truly remarkable achievement. The world's leading scholars and practitioners of immigration, refugee, and child protection law assembled here offer a road map for understanding and action on behalf of the world's countless migrant children who, as the editors remind us, are both our responsibility and our future.' -- Peter H. Schuck, Baldwin Professor of Law Emeritus, Yale Law School, US

'This collection provides a comprehensive, and at times chilling account of the challenges that are routinely faced by migrant children seeking the surrogate protection of the international community. It comes at a critical time, and is a must-have for any practitioner, scholar or decision-maker working in this important field.' -- Jason Pobjoy, Blackstone Chambers and Refugee Studies Centre, University of Oxford, UK 'Over half of the world's refugees are children, yet too little of the legal literature focuses on their plight and rights. This book corrects that oversight by discussing the international framework for protecting migrant children. It provides a fresh and important addition to the literature, including possible solutions.' -- Stephen Yale-Loehr, Cornell University Law School, US 'This compendium of international and country-specific approaches to protecting migrant children is a truly remarkable achievement. The world's leading scholars and practitioners of immigration, refugee, and child protection law assembled here offer a road map for understanding and action on behalf of the world's countless migrant children who, as the editors remind us, are both our responsibility and our future.' -- Peter H. Schuck, Baldwin Professor of Law Emeritus, Yale Law School, US

Author Information

Edited by Mary Crock, Professor of Public Law, Sydney Law School, The University of Sydney, Australia and Lenni B. Benson, Professor of Law, New York Law School, US

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