Migrant children and adolescents from North Central America towards Mexico and their deprivation of liberty

Abstract

A growing number of migrant children and adolescents, mainly from El Salvador, Guatemala and Honduras, embark on a perilous journey to Mexico. This article intends to provide detailed information on and an analysis of Mexico as the receiving, issuing, transiting and returning country. The intention, in turn, is to analyse the countries of North Central America, as the main countries of issuance, transit and return of migrants to and from Mexico. The situation of migrant children and adolescents reveals the violation of international and regional legislation on the protection of children’s human rights. The migration process itself involves multiple risks to the security and integrity of migrant children, whose rights are affected at each stage of the process. In this regard, the data collected reflects the deprivation of the freedom of migrant children and adolescents in Mexico, while noting that this situation proves to be the focal point of all other rights violations that occur in the migration context. The analysis includes the perspectives gathered from international and regional standards for the protection of their rights. The article also examines conceptual definitions used in connection with migrant children in light of their vulnerability and the countries’ national context. To address the specific situation of children, the article reviews each country’s legislation, as well as outlines the migration flows taking place, in light of the causes identified as a general framework for the migration phenomenon. The article is informed by information gathered through the analysis of conventions, judgments, laws, theoretical documents, thematic reports as well as statistical analysis gathered from reports and surveys by human rights organisations. Finally, the conclusion considers this information alongside existing legal provisions so as to make recommendations aimed at better protecting migrant children and to prevent the violation of their fundamental rights. Key words: children and adolescents; migration; North Central American countries; Mexico; deprivation of liberty; international human rights law