Externalization of Border Controls as a Violation of Human Rights of Irregular Migrant Children: A Global Dilemma

Abstract

Various States have resorted to stringent border controls as irregular migrants sought to enter their territories within the past few years. These externalised border controls are sometimes, strictly enforced to the extent that irregular migrants-particularly vulnerable migrants such as unaccompanied minor children are arbitrarily detained in detention centres-the living conditions of which are in express violation of various international human rights treaties. This article examines the validity of these border controls which continue to negate the human rights of these irregular migrant children, and the role which the international community plays in upholding these established human rights The article discusses the extent to which these externalized border controls are enforced in Australia and across the European Union in law and in practice. The article concludes by proffering recommendations which facilitate a global harmonised governance system for irregular migrant children.