State responsibility and the 'best interests of the child' principle. Evaluating the detention of unaccompanied and separated children (UASC) in Mediterranean first-entry European states

Abstract

This thesis critically examines the implementation of the 'best interests of the child' (BIC) principle concerning the detention practices of Unaccompanied and Separated Children (UASC) in the Mediterranean first-entry European states of Malta, Italy, and Greece. Specifically, it explores the complex intersection between state responsibility for migration governance and the rights of vulnerable child migrants, as enshrined in international and regional legal frameworks. Through a socio-legal and comparative case study approach, this research investigates how the selected states operationalize the BIC principle in detention procedures, highlighting discrepancies between legal obligations and practical implementations. The analysis employs an interdisciplinary theoretical framework, integrating Human Rights-Based Approaches (HRBA), Child Protection Minimum Standards (CPMS), and child developmental and vulnerability theories to evaluate the legal and psychosocial impacts of detention on UASCs. Through critically assessing national practices against established international standards and recent jurisprudential developments the research reveals systemic shortcomings in the reception and care of child migrants. The thesis aims to provide actionable recommendations for Malta, Italy, and Greece, advocating for enhanced compliance with international child protection standards and the prioritization of care-based, child-centric alternatives to detention. Ultimately, this research contributes to the discourse on child-sensitive migration governance by emphasizing the urgent need for frontline European states to reconcile their migration control policies with child protection obligations. Keywords: Unaccompanied and Separated Children (UASC), Best Interests of the Child (BIC), Mediterranean migration route, child detention, human rights, international law, European Court of Human Rights (ECtHR), child protection, migration governance.