Independent Child Migrants in Europe: Realities, Challenges and Opportunities
Author(s): J. Kanics
The presentation examines the legal aspects of child migration using the examples of the UN Convention on the Rights of the Child, the European Convention for the Protection of Human Rights and Fundamental Freedoms, and the Statement of Good Practice from Separated Children in Europe Programme. The presentation opens with a discussion around the general factors that are seen to influence child migration, for example, safety issues relating to conflict, persecution, discrimination and violence, family reunification, better healthcare options and new economic and educational opportunities. In the case of the European legal framework, the rights of migrant children are explored through the conventions to investigate whether children's rights are in conflict with state interests (such as protecting borders and national labour markets), what the difficulties are in transposing and enforcing international law, and what role the migration regime/legal framework plays in increasing the vulnerability of child migrants. The presentation further explores the right to education, the right to work, and looks at the ways in which some interventions to protect children remain in conflict with the law.