Thirty Years of Research on Children’s Rights in the Context of Migration

Abstract

This article presents a tentative analysis of 30 years of academic research in the field of children’s rights and migration (1989–2019). Much research has addressed the plight of unaccompanied, refugee and asylum-seeking children, trying better to link children’s rights considerations with international refugee law. Many publications address the best interests of the child principle and the right to be heard. Most research focuses on (migration towards) Europe. This has led to an increased visibility and recognition of children’s rights in the context of migration. However, there are still various blind spots in the research reviewed. Most research focuses on some children, but not all (e.g., accompanied children), on some rights, but not all (e.g., economic, social and cultural rights), and on some types of migration, but not all (e.g., economic migration). Moreover, refugee and migrant children tend to be studied as a group, which risks reducing attention for their internal diversity.

International migration of unaccompanied minors: trends, health risks, and legal protection

“…This leads to disappearances from overburdened and unsuitable child protection systems( 10 ) (see panel 1 ). The COVID-19 pandemic has made these pushbacks worse( 11 , 12 ). For example, the public health emergency has been used by Hungary to justify closure of asylum procedures( 13 ) and the US Customs and Border Patrol has reportedly deported UAMs despite credible asylum claims( 11 ).…”

The Experience of Legal Transition for Refugee and Asylum-Seeking Children

“…This study also underscores the importance of safeguarding the rights and well-being of refugee and asylum-seeking children, as advocated by Brittle and Desmet (2020). The recognition and implementation of children's rights within the migration context serve as a critical framework for addressing the challenges identified, advocating for policies and practices that prioritize the health, safety, and future potential of these children (Brittle & Desmet, 2020). This study has meticulously explored the experiences of refugee and asylum-seeking children undergoing legal transitions, yielding significant insights into their navigational challenges, emotional and psychological impacts, reliance on social and community support, and interactions with authorities.…”

“…This interconnectedness underscores the complexity of addressing the needs of this vulnerable population, highlighting the necessity for comprehensive, multidisciplinary approaches to care and support. This study also underscores the importance of safeguarding the rights and well-being of refugee and asylum-seeking children, as advocated by Brittle and Desmet (2020). The recognition and implementation of children's rights within the migration context serve as a critical framework for addressing the challenges identified, advocating for policies and practices that prioritize the health, safety, and future potential of these children (Brittle & Desmet, 2020).…”

“…The need for legal systems to adopt a more child-centered, empathetic approach that recognizes the specific needs and rights of refugee and asylum-seeking children is evident (Kohli et al, 2010;Lundberg & Lind, 2017). Reflecting on thirty years of research, Brittle and Desmet (2020) articulate the evolving understanding and recognition of children's rights within the context of migration. This body of work underscores the necessity of a rights-based approach to the care and protection of refugee and asylum-seeking children, ensuring their voices are heard and their rights respected in all stages of their legal and social integration processes (Brittle & Desmet, 2020).…”

Asserting children's rights through the digital practices of transnational families

“…Even studies on the prevalent theme of refugees, asylum, and immigration proceedings show that practices relevant to children's right to be heard and to participate in decisions regarding their daily lives are generally not rights‐based and are, at best, tokenistic, and conceptualizations of the child and of children's rights remain unclear and unspecific as to the source of such rights. Further, it has been argued that child‐inclusive practices, where they exist, are potentially self‐defeating, that is, not conducive to a better societal result (Bhabha, 2014; Brittle & Desmet, 2020).…”