Unaccompanied minor migrants are underage migrants, who for various reasons leave their country and are separated from their parents or legal/customary guardians. Some of them live entirely by themselves, while others join their relatives or other adults in a foreign country. The concept of the best interests of a child is widely applied in international, national legal documents and several guidelines and often pertains to unaccompanied minor migrants given that they are separated from parents, who are not able to exercise their basic parental responsibilities. This book takes an in-depth look at the issues surrounding the best interests of the child in relation to unaccompanied minor migrants drawing on social, legal and political sciences in order to understand children’s rights not only as a matter of positive law but mainly as a social practice depending on personal biographies, community histories and social relations of power. The book tackles the interpretation of the rights of the child and the best interests principle in the case of unaccompanied minor migrants in Europe at political, legal and practical levels. In its first part the book considers theoretical aspects of children’s rights and the best interests of the child in relation to unaccompanied minor migrants. Adopting a critical approach to the implementation of the Convention of Rights of a Child authors nevertheless confirm its relevance for protecting minor migrants’ rights in practice. Authors deconstruct power relations residing within the discourses of children’s rights and best interests, demonstrating that these rights are constructed and decided upon by those in power who make decisions on behalf of those who do not possess authority. Authors further on explore normative and methodological aspects of Article 3 of the Convention on the Rights of a Child and its relevance for asylum and migration legislation. The second part of the book goes on to examine the actual legal framework related to unaccompanied minor migrants and implementation of children’s’ rights and their best interests in the reception, protection, asylum and return procedures. The case studies are based on from the empirical research, on interviews with key experts and unaccompanied minor migrants in Austria, France, Slovenia and United Kingdom. Examining age assessment procedures, unaccompanied minors’ survivals strategies and their everyday life in reception centres the contributors point to the discrepancy between the states’ obligations to take the best interest of the child into account when dealing with unaccompanied minor migrants, and the lack of formal procedures of best interest determination in practice. The chapters expose weaknesses and failures of institutionalized systems in selected European countries in dealing with unaccompanied children and young people on the move.

International scholars from different disciplines examine the experiences of unaccompanied migrant children before, throughout, and after their journeys and analyze US and European policy changes in national and international law. Several theologians explore new approaches to a Catholic social ethics of child migration.

This volume explores the various challenges faced by ​migrant unaccompanied children, using a clinical sociological approach and a global perspective. It applies a human rights and comparative framework to examine ​the reception of unaccompanied children ​in European, North American, South American, Asian and African countries. Some of the important issues the volume discusses are: access of displaced unaccompanied children to justice across borders and juridical contexts; voluntary guardianship for unaccompanied children; the diverse but complementary needs of unaccompanied children in care, which if left unaddressed can have serious implications on their social integration in the host societies; and the detention of migrant children as analyzed against the most recent European and international human rights law standards. This is a one-of-a-kind volume bringing together perspectives from child rights policy chairs across the world on a global issue. The contributions reflect the authors’ diverse cultural contexts and academic and professional backgrounds, and hence, this volume synthesizes theory with practice through rich firsthand experiences, along with theoretical discussions. It is addressed not only to academics and professionals working on and with migrant children, but also to a wider, discerning public interested in a better understanding of the rights of unaccompanied children.

Millions of children are on the move, both within and between countries, with or without their parents. The conditions under which movement takes place are often treacherous, putting migrant children, especially unaccompanied and separated children, at an increased risk of economic or sexual exploitation, abuse, neglect and violence. Policy responses to protect and support these migrant children are often fragmented and inconsistent and while children on the move have become a recognised part of today's global and mixed migration flows they are still largely invisible in debates on both child protection and migration.

This book focuses on the migration of undocumented minors arriving recently to the United States and the European Union, flows that are often labeled ‘undocumented’, ‘illegal’, or ‘irregular’ and due to their sudden increase, they have been described in the media, policy circles, and scholarly work as a ‘surge’ or a ‘crisis’. Leading scholars examine the intricacies of the contexts that these minors encounter in the localities where they arrive, including the legal and ethical frameworks for protecting unaccompanied minors, governmental decisions about the ‘best interests’ of the children, these minors’ expressions of their own best interests or agency as they navigate immigration and social service systems, conditions in detention centers, and the health and social service needs in receiving communities. Though definitions and techniques for counting unaccompanied migrant minors differ between the U.S. and the EU, this book underscores the immigrant minors’ common vulnerabilities and strategies they adopt to protect themselves and improve their circumstances. At the same time, contributors to the volume highlight common challenges that both European and U.S. governments face as they develop policy strategies and legal mechanisms to attempt to balance the best interests of these children with national interests of the countries in which they settle. The chapters in this book were originally published as a special issue of the Journal of Ethnic and Migration Studies.

In 2014, the arrest and detention of thousands of desperate young migrants at the southwest border of the United States exposed the U.S. government's shadowy juvenile detention system, which had escaped public scrutiny for years. This book tells the story of six Central American and Mexican children who are driven from their homes by violence and deprivation, and who embark alone, risking their lives, on the perilous journey north. They suffer coercive arrests at the U.S. border, then land in detention, only to be caught up in the battle to obtain legal status. Whose Child Am I? looks inside a vast, labyrinthine system by documenting in detail the experiences of these youths, beginning with their arrest by immigration authorities, their subsequent placement in federal detention, followed by their appearance in deportation proceedings and release from custody, and, finally, ending with their struggle to build new lives in the United States. This book shows how the U.S. government got into the business of detaining children and what we can learn from this troubled history.

"This book explores the experiences of unaccompanied immigrant youth once they arrive to the United States, with a focus on the professionals who try to help. Once youth are detained at the border, they encounter a wide range of professionals whose job it is to help youth find a family system, obtain legal relief, and enter into the education system. Although many professionals who work to help youth often have youth's best interests in mind, their jobs are shaped by three important strains in U.S. history: border security, racialized child welfare, and neoliberal humanitarianism. Because of this, professionals who work with youth find that they are often complicit in the same oppressive systems that they work against. This book explores the tension in this system by providing a critical lens to those who try to help"--