Abstract:
The ILA Study Group began its work by identifying guiding principles that should frame
and inform state practices with respect to children in migration. These principles included, but
were not limited to, non-discrimination; the best interests of the child; the right to life, survival, and
development; the right of the child to express their views on all matters affecting them; and the right
to an effective remedy. The Study Group identified some of the most common rights violations for
children in migration such as arbitrary age assessment practices; inadequate and age-inappropriate
reception policies and facilities; and immigration detention of children and other coercive practices.
The Study Group undertook a multidisciplinary approach by summarizing the research documenting
the harmful effects of these practices on child health and well-being. It surveyed (1) treaties and
international instruments that might recognize a right or remedy for children on the move; (2) regional
and international fora where the claims of children could be heard; and (3) the growing body of
regional and international jurisprudence upholding the rights of children in migration. Finally, it
identified gaps in the international and regional frameworks and formulated recommendations as to
how to ensure children in migration are able to enforce their rights and access justice.
