Naslov
Challenges to the Application of the Concept of Vulnerability and the Principle of the Best Interest of the Child in the Case Law of the ECtHR Related to Detention of Migrant Children

Autori
Turkovic, Ksenija

Vrsta, podvrsta i kategorija rada
Poglavlja u knjigama, znanstveni

Knjiga
Migration and the European Convention on Human Rights

Urednik/ci
Cali, Basak ; Bianku, Ledi ; Motok, Iulia

Izdavač
Oxford University Press

Grad
Oxford

Godina
2021

Raspon stranica
104-125

ISBN
9780192895196

Ključne riječi
prava djece, djeca migranti, pritvaranje imigranata, ranjivost, pritvaranje djece
(children’s rights, migrant children, immigration detention, vulnerability, detention of children)

Sažetak
The administrative detention of migrant children, and the conditions of deprivation of liberty, pose serious challenges to the realisation of their rights. The present chapter discusses the concept of vulnerability and the principle of the best interests of the child, and their legal consequences, for the effective respect, protection, and fulfilment of the human rights of migrant children in the context of immigration detention. In doing so, it gives a short overview of the developments in the Court’s case law related to detention of migrant children. Using the Court’s concepts of vulnerability, the best interests of the child, and circumscribed child’s autonomy, as well as taking inspiration from other international instruments and EU law, this chapter attempts to demonstrate where the European Court of Human Rights (ECtHR) case law on the detention of migrant children in particular under Articles 3, 5, and 8 of the ECHR could grow further, and the opportunities for such growth, as well as the barriers to it.

Izvorni jezik
Engleski

Znanstvena područja
Pravo, Socijalne djelatnosti

POVEZANOST RADA