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https://doi.org/10.2139/ssrn.5...
Article . 2024 . Peer-reviewed
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The Detention of Migrant Children: The Risks of the New European Pact on Migration and Asylum

Authors: De Lima, Manon; Ruiz Díaz Arce, Sergio;

The Detention of Migrant Children: The Risks of the New European Pact on Migration and Asylum

Abstract

This article seeks to examine the implications of the recently adopted European Pact on Migration and Asylum in light of the existing prohibition on the detention of children, as enshrined in European and international law. It will focus on the new screening and border procedures, with a particular emphasis on immigration detention and the deprivation of liberty of children. To this end, an analysis of the legal framework before and after this new re form has been carried out in order to identify the changes introduced, in accordance with the legislative texts and the lines of reasoning developed by the European Court of Human Rights in its decisions on the detention of children in the context of migration. Thus, it is observed that the new EU Pact, through the screening and border procedures, could increase the cases of detention of migrant children and, consequently, pose a risk to the rights of the child.

Country
Portugal
Keywords

Jurisprudence, Rights of the child, Ciências Sociais::Direito, Immigration detention, Measure of protection;, European Pact on Migration and Asylum

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
Green