The best interests of the child in the context of forced migration: theory or reality? : a comparative study of unaccompanied and separated children at the U.S.-Mexico border and Lampedusa (Italy)

Abstract

Forced migration flows around the world increasingly encompass unaccompanied and separated children. Article 3 of the Convention on the Rights of the Child encourages state parties to adopt the principle of the “best interests of the child” in law, policies, and practice. This dissertation will analyse if the theoretical ratification of this international treaty positively influences implementation of the principle in practice. A study of both the U.S.-Mexico border and Lampedusa (Italy) allows a comparison to be drawn of the differences and/or similarities in the treatment of unaccompanied and separated children. After reviewing the international and regional frameworks, of said countries, their national laws will also be examined. In order to assess whether or not legal obligations are strictly theoretical or practiced in reality, procedures such as screening, accommodation, representation, deportation, and integration will be reviewed.