Boletin Mexicano de Derecho Comparado
2015, Pages 185-221

Irregular migrant children and their human rights in The European and American practice: Between control and protection [Los niños migrantes irregulares y sus derechos humanos en la práctica Europea y Americana: Entre el control y la protección] (Article)

Ortega Velázquez E.*
  • a Instituto de Investigaciones Jurídicas de la UNAM, Mexico

Abstract

Irregular migrant children are constantly exposed to violations to their human rights, to a considerable degree, because national irregular immigration regulations and policies lack of a compatible approach with their children status. This article explores the implications of these regulations and policies on their human rights. First, the inclusive legal framework of international protection, based on the recognition of rights and protection of all children, is studied. Second, the exclusive legal framework of irregular immigration national policies, based on the restriction of social rights and detentions, is analysed. It is concluded that these children are between two legal frameworks radically opposed, protection and control, and that states, failing to comply their international human rights obligations, do not give an effective response to their needs as children by systematically ignoring them in regulations and public policies. © 2015.

Author Keywords

Immigration Regulations and Policies social rights human rights Detentions Irregular Migrant Children

Index Keywords

[No Keywords available]

Link
https://www.scopus.com/inward/record.uri?eid=2-s2.0-84925400421&partnerID=40&md5=134bb6a59e12caf64f2fe3baba616c15

ISSN: 00418633
Cited by: 2
Original Language: Spanish