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Author: Ciara Smyth Publisher: Routledge ISBN: 113512020X Category : Law Languages : en Pages : 262
Book Description
The child asylum seeker poses unique challenges for reception and refugee status determination systems, not least because the child is entitled to have his or her rights as a child respected as a matter of international and regional human rights law. In the last decade the European Union has increasingly engaged with children’s rights, with the entry into force of the Lisbon Treaty in December 2009, and a new Article 3(3) of the Treaty on European Union that commits the Union to promoting the ‘protection of the rights of the child.’ This book addresses the question of whether the Common European Asylum System (CEAS) complies with the rights of the child. It contrasts the normative standards of international child rights law with the treatment of child asylum seekers and refugees in the CEAS. Ciara Smyth identifies the attributes of the rights of the child that are most relevant to the asylum context and systematically examines whether and to what extent those attributes are reflected in the CEAS legislation. The book goes on to assess whether the CEAS instruments direct Member States to comply with the rights of the child, offering a comprehensive examination of the place of the child within European asylum law and policy. The book will be of great use and interest to scholars and students of international law, immigration and children’s rights studies.
Author: Ciara Smyth Publisher: Routledge ISBN: 113512020X Category : Law Languages : en Pages : 262
Book Description
The child asylum seeker poses unique challenges for reception and refugee status determination systems, not least because the child is entitled to have his or her rights as a child respected as a matter of international and regional human rights law. In the last decade the European Union has increasingly engaged with children’s rights, with the entry into force of the Lisbon Treaty in December 2009, and a new Article 3(3) of the Treaty on European Union that commits the Union to promoting the ‘protection of the rights of the child.’ This book addresses the question of whether the Common European Asylum System (CEAS) complies with the rights of the child. It contrasts the normative standards of international child rights law with the treatment of child asylum seekers and refugees in the CEAS. Ciara Smyth identifies the attributes of the rights of the child that are most relevant to the asylum context and systematically examines whether and to what extent those attributes are reflected in the CEAS legislation. The book goes on to assess whether the CEAS instruments direct Member States to comply with the rights of the child, offering a comprehensive examination of the place of the child within European asylum law and policy. The book will be of great use and interest to scholars and students of international law, immigration and children’s rights studies.
Author: Mateja Sedmak Publisher: Taylor & Francis ISBN: 1317275373 Category : Law Languages : en Pages : 190
Book Description
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.
Author: Mark Klaassen Publisher: ISBN: 9781780689494 Category : Emigration and immigration law Languages : en Pages : 0
Book Description
Millions of children are on the move worldwide. Children are fleeing conflicts and wars. They move with or without their parents to attain a better future. This book reflects the growing concern for children and children's rights in immigration in academia and practice and shows the diversity of issues related to immigration and children, including family reunification, detention, participation, human trafficking and the rights of siblings in the context of migration, as well as the significance of regional legal systems and infrastructures for the protection of children on the move.
Author: Helen Stalford Publisher: Bloomsbury Publishing ISBN: 1847319904 Category : Law Languages : en Pages : 278
Book Description
This book examines in detail the status of children in the EU. Drawing on a range of disciplinary perspectives, including the sociology of childhood and human rights discourse, it offers a critical analysis of the legal and policy framework underpinning EU children's rights across a range of areas, including family law, education, immigration and child protection. Traditionally children's rights at this level have been articulated primarily in the context of the free movement of persons provisions, inevitably restricting entitlement to migrant children of EU nationality. In the past decade, however, innovative interpretations of EU law by the Court of Justice, coupled with important constitutional developments, have prompted the development of a much more robust children's rights agenda. This culminated in the incorporation of a more explicit reference to children's rights in the Lisbon Treaty, followed by the Commission's launch, in February 2011, of a dedicated EU 'Agenda' to promote and safeguard the rights of the child. The analysis presented in this book therefore comes at a pivotal point in the history of EU children's rights, providing a detailed and critical overview of a range of substantive areas, and making an important contribution to international children's rights studies.
Author: Francesco Cherubini Publisher: Routledge ISBN: 1317804457 Category : Law Languages : en Pages : 300
Book Description
This book examines the rules governing the right to asylum in the European Union. Drawing on the 1951 United Nations Convention relating to the Status of Refugees, and the 1967 Protocol, Francesco Cherubini asks how asylum obligations under international refugee law have been incorporated into the European Union. The book draws from international law, EU law and the case law of the European Court of Human Rights, and focuses on the prohibition of refoulement; the main obligation the EU law must confront. Cherubini explores the dual nature of this principle, examining both the obligation to provide a fair procedure that determines the conditions of risk in the country of origin or destination, and the obligation to respond to a possible expulsion. Through this study the book sheds light on EU competence in asylum when regarding the different positions of Member States. The book will be of great use and interest to researchers and students of asylum and immigration law, EU law, and public international law.
Author: Jason M. Pobjoy Publisher: Cambridge University Press ISBN: 1316813002 Category : Political Science Languages : en Pages : 827
Book Description
Children are the victims of some of the most devastating examples of state-sanctioned and private human rights abuse. In increasing numbers, they are attempting to find international protection, and are forced to navigate complex administrative and legal processes that fail to take into account their distinct needs and vulnerabilities. The key challenges they face in establishing entitlement to refugee protection are their invisibility and the risk of incorrect assessment. Drawing on an extensive and original analysis of jurisprudence of leading common law jurisdictions, this book undertakes an assessment of the extent to which these challenges may be overcome by greater engagement between international refugee law and international law on the rights of the child. The result is the first comprehensive study on the manner in which these two mutually reinforcing legal regimes can interact to strengthen the protection of refugee children.
Author: Mateja Sedmak Publisher: Routledge ISBN: 1317275365 Category : Law Languages : en Pages : 290
Book Description
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.
Author: Hemme Battjes Publisher: Martinus Nijhoff Publishers ISBN: 9004150870 Category : Law Languages : en Pages : 710
Book Description
Community asylum law is becoming ever more essential to asylum law in Europe. But many intricate questions about this new body of law remain to be resolved. Do the Community rules weaken or improve the position of asylum seekers? Would a future Community asylum law have to observe international norms? What role should the Court of Justice play in asylum matters? And does the communautarisation of asylum law affect the possibilities of asylum seekers to approach domestic courts, or the European Court of Human Rights? These and other questions are addressed in this book. It offers, besides an in-depth study of the relation between European and international asylum law, a practical manual for European asylum law. It discusses the content and meaning of all Community regulations and directives on asylum, as well as their possible use (and reliability) in domestic proceedings.
Author: Steve Peers Publisher: Hotei Publishing ISBN: 9004222391 Category : Law Languages : en Pages : 681
Book Description
Since 1999, the EU has adopted legislation harmonizing many areas of immigration law, in particular rules on borders, visas, legal migration, and irregular migration. The much-enlarged and fully updated second edition of this book includes commentary on the EU visa code, the Schengen Borders Code, the Frontex Regulation, the Returns Directive, the Directives on family reunion, long-term residents and single permits for migrant workers, and many more besides. This volume completes this new edition of EU Immigration and Asylum Law, which consists of a 3-volume set. It is the essential guide for any lawyers, academics, civil servants, NGOs and students interested in this area of law.
Author: Izabella Majcher Publisher: BRILL ISBN: 9004360530 Category : Law Languages : en Pages : 848
Book Description
The book undertakes a thorough human rights assessment of the EU Returns Directive. The overarching human rights framework, which circumscribes states prerogatives in the context of expulsion, builds upon obligations derived from the principle of non-refoulement; the right to life, respect for family and private life, effective remedy, basic social rights; the prohibition of torture and ill-treatment; and protection against arbitrary detention and collective expulsion. Based on this assessment, Majcher explores several protection gaps in the EU return policy which may result in violations of migrants’ rights and highlights how the provisions of the Directive should be implemented in line with member states’ human rights obligations. Informed by this assessment, the book discusses amendments to the Directive, proposed by the European Commission in September 2018. “By examining the European Union (EU) Returns Directive in the light of international and European human rights law, Izabella Majcher thoroughly explores and analyses the requirements the EU member states’ authorities must guarantee migrants in an irregular situation when they adopt and implement return decisions, entry bans, pre-removal detention, and removal.” Marie-Laure Basilien-Gainche, Professor of public international law, University Jean Moulin Lyon 3, Honorary member of the Institut universitaire de France
Author: Ciara Smyth
Author: Ciara Smyth
Author: Mateja Sedmak
Author: Mark Klaassen
Author: Helen Stalford
Author: Francesco Cherubini
Author: Jason M. Pobjoy
Author: Mateja Sedmak
Author: Hemme Battjes
Author: Steve Peers
Author: Izabella Majcher