Child migration


Child migration or "children in migration or mobility" is the movement of people ages 3–18 within or across political borders, with or without their parents or a legal guardian, to another country or region. They may travel with or without legal travel documents. They may arrive to the destination country as refugees, asylum seekers, or economic migrants.

Reasons for migration

The motivations for children to migrate are as diverse as the individuals who migrate. They include economic reasons, educational aspirations, reasons related to gender or culture, personal motivations as well as emergencies, natural disasters, persecution and humanitarian crises. Some children leave in search of better opportunities while others escape violence, exploitation, abuse or conflict. Multiple reasons often coincide. When parents migrate or separate, children may move to another place or country with one or both parents, or they might be left behind by their parents and are then indirectly affected by migration.

Rights of children in migration and mobility

The right to be heard

The right to be heard is a child rights principle as defined by the UN Convention on the Rights of the Child. According to Article 12 of the convention, children have the right to express their views in all matters affecting them, and their views have to be given due weight in accordance with the age and maturity of the child. This right applies equally to children's participation in social and political matters as well as in judicial and administrative proceedings. As a general principle, the child's right to be heard reflects the concept of children's ‘agency’, viewing children not only as vulnerable persons in need of special protection, but also as informed decision makers, rights holders and active members of society.
Many children are reluctant to share information with the authorities in the country of destination due to fears that disclosing information might not be in their interest and that telling their story might lead to being returned to their country of origin. Children might have been instructed by third persons to reveal only certain parts of their story, there might be threats and fears of reprisals involved, and the child might not trust the police and local authorities will be able to protect them. A reception system that demonstrates respect and upholds the dignity of the child can achieve to foster a sense of trust in the child towards the officials and professionals whom she or he meets with. Interpreters might influence the information gathering process in asylum procedures and criminal investigations as they affect how the child's story is being understood and perceived. Inaccurate translation might compromise the child's statement, leading to decisions on the basis of incorrect information. This relates not only to the content translated but also to the style and semantic choices made by the child and how the interpreters convey the message.

Best interests’ assessment and determination

is defined in Article 3 of the UN Convention on the Rights of the Child, which says that “in all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration”. Assessing the best interests of a child means to evaluate and balance “all the elements necessary to make a decision in a specific situation for a specific individual child or group of children”. The right of the child to have her or his best interests taken as a primary consideration means that the child's interests have high priority and are not just one of several considerations. The assessment is specific to the child as an individual, making it important to establish a trust-based relationship with the child and to communicate effectively in a language that the girl or boy understands. The assessments ideally involves a multi-disciplinary team of qualified professionals.
Risk and resilience assessments are a central component of the best interests’ determination process because they consider the context of the countries of destination and origin and also how the risks and resiliency of the child will change on the basis of any decision taken.
In transnational cases, a comprehensive best interests’ assessment and determination process considers the following:
  • Establishing the child's identity and the identity of any accompanying persons and the quality of their relations
  • Case assessment, including the following components:
  • * Hearing the child
  • * Assessment of the child's situation, background and needs
  • * Social situation and family assessment
  • * Gathering evidence including through forensic examinations and interviews with the child
  • * Risk and security assessments
  • * Mapping sources of support, skills, potentials and resources for empowerment
  • Developing a life project
  • Comprehensive child impact assessment of any potential decisions
  • Identification of a durable solution
  • Continued assessments during the implementation of the durable solution with due follow-up, review and monitoring, and adjustments to the durable solution arrangements, if and as required, according to the best interests of the child
In the country of Ghana, there is a topic focused on the education comparison between migrant and non-migrant students. It is shown that the non-migrant students received more attention, and therefore, scored higher than the migrant students. More attention needs to be shown to the migrants just as much as its shown to all the other students.

Right to non-discrimination: Status, access and jurisdiction

The Convention on the Rights of the Child affords a broad protection from discrimination and the essential and equal inalienable rights afforded to all human beings. It stipulates that States Parties shall respect and ensure the rights set forth in the convention to each child within their jurisdiction without discrimination of any kind, irrespective of the child's or his or her parents' or legal guardian's race, color, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status.
The rights afforded under the Convention apply to non-national children, regardless of their immigration status or the migration status of their parents. This includes children who are visiting, refugees, children of migrant workers and undocumented children. The right to non-discrimination entitles each child to immediate assistance and support while the situation of the child and her or his best interests are being assessed. Non-discrimination does not imply that a child is granted an automatic permit of stay, but that a decision is taken on the basis of the best interests’ determination, whether a child shall be returned or whether the country of destination assumes jurisdiction over the child.
While assessing the child’s case and situation, state authorities have a responsibility to clarify which state has the jurisdiction over a child and, if required and appropriate, transfer or establish jurisdiction in the country of destination. When jurisdiction over a non-national child remains unclear, the child risks staying in a state of uncertainty and might benefit only from temporary services and protection measures, until the child’s status is fully regularised or the child returns to the country holding jurisdiction. Common factors that affect jurisdiction include:
  • There could be a case pending at court in which the child is involved,
  • Social services in another country may have been monitoring the child and her or his family;
  • The child’s situation may have been under law enforcement investigations in another country, including where child trafficking is suspected;
  • The child may have handed in an asylum application in another country;
  • The child may be registered as a ‘missing child’ abroad.

    Development

The rights of the child to life, survival and development is afforded under Article 6 of the Convention on the Rights of the Child. These rights are recognized by
States and are related to survival, security and health as a precondition for physical development as well as the mental, spiritual, moral, intellectual, cognitive, emotional and sociology-cultural development of the child. This is in effort to ensure the maximum survival, growth and potential of the child.
The quality of care has a direct effect on a child's development. Promoting the child's developmental rights and needs means enabling her to grow up in her family of origin or in a family-based or family-like alternative care placement, wherever this is in the best interests of the child. The care arrangements and access to quality services for health and education are important when assessing the child's developmental needs.
The following factors are relevant when assessing the development needs of a child :
  • The right to preserve her or his identity, including nationality, name and family relations ;
  • The continuity in the child's care and upbringing, with due regard to the child's ethnic, religious, cultural and linguistic background ;
  • The right of the child to enjoy the highest attainable standard of health ;
  • The right of every child to a standard of living adequate to the child's physical, mental, spiritual, moral and social development ;
  • Access to education ;
  • The right of the child to rest and leisure, to engage in play and recreational activities appropriate to her or his age.

    Access to justice

Children and justice in transnational cases

Children on the move sometimes are affected by or are in conflict with the law, including with cross-border family disputes and matters of parental responsibility and contact, as asylum seekers or victims of crime and, in some cases, as children who are in conflict with the law for immigration matters or for illegal and criminal matters. Some children in conflict with the law are actually victims of crime. International and European law provide for clear standards regulating the treatment, rights and entitlement of children in contact with the judiciary, as victims, defendants or perpetrators of crime.