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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dc.contributor.author Sormunen, Milka
dc.date.accessioned 2021-09-18T22:28:55Z
dc.date.available 2021-12-18T03:45:51Z
dc.date.issued 2019-09-19
dc.identifier.citation 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 .
dc.identifier.other PURE: 125963646
dc.identifier.other PURE UUID: c6272a78-88bb-422d-bab0-c0d8e9e3ed4b
dc.identifier.other ORCID: /0000-0001-9220-2029/work/66776997
dc.identifier.uri http://hdl.handle.net/10138/334442
dc.description.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. en
dc.language.iso eng
dc.relation.ispartof Child and Family Law Quarterly
dc.rights cc_by_nc
dc.rights.uri info:eu-repo/semantics/openAccess
dc.subject 513 Law
dc.subject human rights
dc.subject Children's Rights
dc.subject Immigration
dc.subject Child Protection
dc.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? en
dc.type Article
dc.contributor.organization Helsinki Inequality Initiative (INEQ)
dc.contributor.organization Faculty of Law
dc.description.reviewstatus Peer reviewed
dc.relation.issn 1358-8184
dc.rights.accesslevel openAccess
dc.type.version acceptedVersion

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