Los derechos de la niñez en el contexto de la migración: los desafíos para la introducción del paradigma de protección integral de la niñez en las políticas migratorias

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2015
Reading date
28-01-2016
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Abstract
It is a thesis that is presented in the format of Compendium of Publications (Article 8 Regulation on deposit evaluation and defense of doctoral thesis, according to the Reform adopted at 28/II/2012). The thesis discusses the issue of human rights of children and adolescents in the context of international migration with an approach that includes a conceptual framework and various researches from the field. The thesis, integrated by a series of publications between the years 2008 and 2015, addresses the progress, challenges and conflicts with respect to the rights of children in the field of migration policies, including the legal framework and its implementation. In this regard, it is analyzed, firstly, the international standards and principles on children's rights applicable to migration, as well as the theoretical arguments that protect these rights. In addition, the publications describe the main problems and obstacles -both in theory and in practice identified on the ground in numerous countries- for the efective fulfilment of those rights. Among the major shortcomings, they highlight the invisibility of the rights of children within migration policies, which is complemented by the invisibility of the rights of migrants within childhood policies. In turn, migration policies, mostly focused on control mechanism and a selective approach to migration, tend to lack specific consideration that international law demands when it comes to children's rights. Moreover, the publications gathered for this thesis include researches coordinated by the candidate that were carried out in different regional (Latin America and the Caribbean) and national contexts (Argentina and Mexico). Among the various topics discussed in these publications, it is important to note the issue of detention and expulsion of children due to migration reasons, the right to family life (including the right to family reunification), the access of migrant children to social rights and the right to be heard at any proceeding that may affect their rights. Along with the abridged publications, this thesis includes an introductory chapter and a conclusion and outcomes chapter. In the first one, each of the publications are briefly explained, including a short description of the main themes, the methodology and the context in which they were done (e.g., working paper, field research, etc.). The second examines the theoretical contributions of each one and the numerous outcomes, particularly their impact at different levels (academic, public policies initiatives of international organizations, policy reforms, among others). With the same objective, the thesis contains two annexes concerning: a) other publications on migration & human rights made by the candidate between 2008 and 2015; b) conferences, seminars and courses delivered by the applicant on the same topics during the abovementioned period of time.
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