Collinson, J. orcid.org/0000-0001-7049-2192 (2022) Beyond decisions about a child and decisions affecting a child in deportation cases. The International Journal of Children’s Rights, 30 (3). pp. 703-728. ISSN 0927-5568
Abstract
Who should be central to the determination of deportation decisions: parent or child? The state claims an interest in enforcing immigration control by removing the adult. The child, on the other hand, has an interest in maintaining their relationships with both of their parents, as well as the practical and cultural benefits of growing up in the country of their nationality or habitual residence. How to decide between these competing claims is of practical and theoretical importance in human rights determinations under Article 8 echr and Article 3 uncrc. This article investigates the theoretical distinction which is drawn between decisions about a child and decisions affecting a child, and argues that this approach is problematic. First, Article 8 echr is an incomplete vehicle for determining the best interests of the child. Secondly, it reinforces the ‘problematic logical inversion’ found in the European Court of Human Right’s migration jurisprudence.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | © 2022 Brill. This is an author-produced version of a paper subsequently published in The International Journal of Children's Rights. Uploaded in accordance with the publisher's self-archiving policy. |
Keywords: | Children's Rights; Human Rights and Humanitarian Law |
Dates: |
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Institution: | The University of Sheffield |
Academic Units: | The University of Sheffield > Faculty of Social Sciences (Sheffield) > School of Law (Sheffield) |
Depositing User: | Symplectic Sheffield |
Date Deposited: | 06 Jan 2023 16:28 |
Last Modified: | 06 Jan 2023 16:33 |
Published Version: | http://dx.doi.org/10.1163/15718182-30020015 |
Status: | Published |
Publisher: | Brill |
Refereed: | Yes |
Identification Number: | 10.1163/15718182-30020015 |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:194980 |