The right to a future : forced migration of children under international law

Abstract

In a world where migration has become a phenomenon of our time and is due to increase, International law and humanitarian law, protecting the fundamental human rights of forced migrants and especially of forced migrant children has become paramount. Those who are forced to migrate, including children, migrate for many reasons: to escape persecution; to escape conflicts; to find relief from natural or environmental disasters; to escape poverty; to find better opportunities for their future. Despite the fact that research suggests that forced migrant children are very much involved with these diverse migration processes and are on the rise, the international community has done too little in way of implementation of the international instruments, to see to their protection. Furthermore, apart from guaranteeing their safety, the international community should be bound to provide protections for their future - their right to a future. This dissertation tries to paint a clear picture of the current world-wide situation of forced migrants and forced migrant children. It summarises how international law protects these forced migrants and highlights their rights as human beings and their rights as migrants. The various treaties and conventions as well as relevant rules and policies concerning forced migrants are mentioned and discussed. The dissertation however, concentrates on the rights that are most relevant to forced migrant children, with special emphasis on their right to a future. Finally, a comparison is drawn whereby it is shown that although various rights and protections are in place for forced migrant children, in practice, these rights are difficult to access. Recommendations and additional viable responses to what more can be done are then suggested.