Child Migration and Human Rights in a Global Age

Abstract

Why, despite massive public concern, is child trafficking on the rise? Why are unaccompanied migrant children living on the streets and routinely threatened with deportation to their countries of origin? Why do so many young refugees of war-ravaged and failed states end up warehoused in camps, victimized by the sex trade, or enlisted as child soldiers? This book provides the first comprehensive account of the widespread but neglected global phenomenon of child migration, exploring the complex challenges facing children and adolescents who move to join their families, those who are moved to be exploited, and those who move simply to survive. It looks at the often-insurmountable obstacles we place in the paths of adolescents fleeing war, exploitation, or destitution; the contradictory elements in our approach to international adoption; and the limited support we give to young people brutalized as child soldiers. The book challenges the prevailing wisdom that widespread protection failures are caused by our lack of awareness of the problems these children face, arguing instead that our societies have a deep-seated ambivalence to migrant children—one we need to address head-on. The book offers a road map for doing just that, and makes a compelling and courageous case for an international ethics of children's human rights.

A Better “Best Interests”: Immigration Policy in a Comparative Context

“…As detailed earlier, immigration law makes no distinction between adults and children. Moreover, and contrary to the CRC, US immigration law does not easily recognize child‐specific persecution, including social phenomena such as child soldiers, street children, youth resisting gang membership, or even youth as political activists (Bhabha ). There is no best interests legal standard that takes into account the safety and well‐being of the child (Carr ).…”

The social care needs of unaccompanied minors: the Irish experience

“…One problem with this term, however, is that the notion of separation can imply passivity and overlook children's agency, when in fact it is often the case that some children may have chosen to embark on these journeys. Bhabha (2014) contends that, with the expansion of independent child migration associated with complex reasons often unconnected to persecution, new terms such as 'children on the move' and 'lone' or 'independent child migrant' seem more relevant for policy makers and child advocates. Whichever term we use, we must avoid limited constructions and instead aim for terms reflecting the changing realities with regard to child migration.…”

“…In addition they differ in terms of reasons for travelling (family related, exploitation related, survival related or independent child migration), how the journey is made (travelling entirely alone, with an adult who abandons them shortly after arrival or with an adult who may be caring for them or exploiting them), and their present life situation (; Wernesjö, 2012;Bhabha, 2014). These heterogeneous experiences suggest that policy makers, social workers and other practitioners should avoid the tendency towards generalisation and focus attention on the response to individual need of UAMs.…”

“…Related to this, Bhabha (2014) indicates that advocates need to take account of the autonomy and adolescent aspirations of many child migrants.…”

Trust and mistrust in the lives of forcibly displaced women and children

“…For example, Bhabha (2014) outlines different forms displacement of women and children can take -family-related; exploitation-related; and survival-related. On the migration of children she argues that the complexities of child migration is as yet 'a largely untold and unanalysed story' and, rather than their 'invisibility', an 'unresolved ambivalence' towards children who migrate without legal status better explains persistent policy failures and the lacuna of protection mechanisms available for children (Bhabha, 2014:1).…”