A comparison of child protection and immigration jurisprudence of the European Court of Human Rights : what role for the best interests of the child?

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Sormunen , M 2019 , ' A comparison of child protection and immigration jurisprudence of the European Court of Human Rights : what role for the best interests of the child? ' , Child and Family Law Quarterly , vol. 31 , no. 3 , pp. 249-268 .

Title: A comparison of child protection and immigration jurisprudence of the European Court of Human Rights : what role for the best interests of the child?
Author: Sormunen, Milka
Contributor organization: Helsinki Inequality Initiative (INEQ)
Faculty of Law
Date: 2019-09-19
Language: eng
Belongs to series: Child and Family Law Quarterly
ISSN: 1358-8184
URI: http://hdl.handle.net/10138/334442
Abstract: The obligation to consider the best interests of the child in all cases concerning children has a central status in the United Nations Convention on the Rights of the Child 1989. This article provides a systematic comparison of how the best interests concept is understood and used in child protection and immigration jurisprudence of the European Court of Human Rights. The article compares all child protection and immigration judgments where the court has referred to the best interests of the child until the end of 2017. It shows that the court assesses the best interests of the child differently in the two case groups. First, in child protection cases, the court assumes that it is in the child’s best interests to live with her parents, whereas in immigration cases, family unity is not the starting point of the court. Secondly, in immigration cases, the child’s young age is understood as adaptability, whereas in child protection cases, young age is associated with care needs. Thirdly, the court has considered children’s views in several child protection cases but rarely in immigration cases. This article argues that, from the perspective of children’s rights, the court’s approach in immigration cases is problematic.
Subject: 513 Law
human rights
Children's Rights
Immigration
Child Protection
Peer reviewed: Yes
Rights: cc_by_nc
Usage restriction: openAccess
Self-archived version: acceptedVersion


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