Laws, Vol. 14, Pages 78: International Law and the Protection of Migrant Children with Disabilities

Laws doi: 10.3390/laws14050078

Authors:
Mary Elizabeth Crock

International law has evolved to oblige states to treat children with disabilities with dignity and respect. Yet, where children with disabilities present as migrants, they face compounding challenges that are both physical and legal. This article explores key issues in general migration, including the discriminatory application of migration health rules, access to citizenship and birth registration, family reunification and access to education. There follows an account of particular challenges that face children with disabilities in forced migration and enforcement settings. The article touches briefly on the identification of disability, the vulnerabilities of these children to human trafficking and harms inherent in immigration enforcement mechanisms. The potential and limitations of protective mechanisms available in international law are explored using selective case studies most relevant to the author’s research work. Drawing on compilations of jurisprudence by university scholars and key not-for-profit organizations, the article includes some reflections on treaty body oversight of state party responses to migration, disability and human rights protection. The overarching aim is to interrogate and critique the operation of international legal mechanisms and the extent to which state practice is compliant with norms of international law. In this respect, the piece aligns with a broader project to improve international law and practice around disability, human rights and displacement.

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Mary Elizabeth Crock www.mdpi.com