Making the best interests of the child a substantive human right at the centre of national level expulsion decisions

Collinson, Jonathan

doi:10.1177/0924051920940167

Cited by 5 publications

(4 citation statements)

References 9 publications

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“…The statement 'the maintenance of effective immigration controls is in the public interest' is insufficient. The State would need to explain what makes immigration control 'effective', what public interests are being furthered by effective immigration control and what evidence there is that the public interests are furthered in the manner asserted (Collinson, 2020a).…”

Section: The Lack Of Assessment On How the Refusal Of An Applicant Se...mentioning

confidence: 99%

Procedural Approach to the Public Interest in Migration Control when Applying Article 8 of the ECHR

Edlund,

Stehlík

2023

Brat. L. Rev.

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This research explores the European Court of Human Rights’ (ECtHR or the Court) application of Article 8 of the European Convention of Human Rights (ECHR) when engaging the public interest in migration control. The study research explains the current case law of the Court and examines when the public interest in migration control can be applied as a legitimate aim. The research is questioning whether the public interest in controlling migration can be used as a legitimate aim when an interference of the right to family life has been established and whether the public interest in migration control should be seen as a static factor. The research claims that the Court’s unclear way of distinguishing between positive and negative obligations and its lack of assessing the public interests when balancing the personal interests against the public interests in controlling migration makes the case law inconsistent and unclear. In order to make the case law more consistent the research suggests that the Court should use a procedural approach like in cases where the State’s interest in public safety is engaged.

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Section: The Lack Of Assessment On How the Refusal Of An Applicant Se...mentioning

confidence: 99%

Procedural Approach to the Public Interest in Migration Control when Applying Article 8 of the ECHR

Edlund,

Stehlík

2023

Brat. L. Rev.

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“…The protection of children's best interests is a fundamental principle in any decision-making process that involves their welfare (Collison 2020). Determining the best interests standard is essential to ensure that children's rights, safety, and well-being are prioritised.…”

Section: Determining the Best Interests Standardmentioning

confidence: 99%

Protecting the Best Interests of Children: A Critical Analysis of Child Custody and Divorce Proceedings in Nigeria under the Child Rights Act 2003

Diriwari,

K Derri,

Nigeria

2023

IJSSMER

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Purpose: This journal article is to analyse child custody and divorce cases in Nigeria emphasising the Child Rights Act of 2003. Design Methodology/ Approach: This study uses textual analysis including library sources, case studies, and government reports, to examine the difficulties that occur when children’s best interests are not taken into account in the course of custody battles within Nigeria’s legal system. Findings: It is obvious from the findings of this study that the Child Rights Act 2003, protects the rights and welfare of children during divorce processes. Nonetheless, practices and lack of means make it difficult to implement it. Original Value: The originality is seen through this paper’s ability to present useful information concerning Nigerian child custody and divorce processes. Moreover, it suggests some ways of improving child custody orders while at the same time implementing the Child Rights Act 2003. In Nigerian culture, this research helps us understand how we can protect children during marital disputes with its attendant problems as well as prospects

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“…To that end, Pobjoy argues that the best interests of the child is an 'independent source of protection status' in decisions involving the removal of children (Pobjoy, 2015: 344). I have suggested that the best interests of the child ought to be treated as a substantive human right by applying the full human rights proportionality exercise to the best interests of the child (Collinson, 2020b) and I return to this idea in part 5 below. In contrast, Kilkelly is sceptical that Article 3 UNCRC contains within it a substantive right at all, but instead describes it as functioning as a 'gateway' to children's rights in politically contested areas, such as immigration (Kilkelly, 2016: 57).…”

Section: Secretary Of State For the Home Department [2007] Ukhl 11)mentioning

confidence: 99%

“…A final alternative would be to treat the best interests of the child as the central human right at stake in deportation decisions that have an impact on children (Collinson, 2020b). This goes beyond Article 8 ECHR, and beyond the affect/about distinction.…”

Section: Deportation Casesmentioning

confidence: 99%

Beyond Decisions About a Child and Decisions Affecting a Child in Deportation Cases

Collinson

2022

Int. J. Child. Rights

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Who should be central to the determination of deportation decisions: parent or child? The state claims an interest in enforcing immigration control by removing the adult. The child, on the other hand, has an interest in maintaining their relationships with both of their parents, as well as the practical and cultural benefits of growing up in the country of their nationality or habitual residence. How to decide between these competing claims is of practical and theoretical importance in human rights determinations under Article 8 echr and Article 3 uncrc. This article investigates the theoretical distinction which is drawn between decisions about a child and decisions affecting a child, and argues that this approach is problematic. First, Article 8 echr is an incomplete vehicle for determining the best interests of the child. Secondly, it reinforces the ‘problematic logical inversion’ found in the European Court of Human Right’s migration jurisprudence.

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Making the best interests of the child a substantive human right at the centre of national level expulsion decisions

Cited by 5 publications

References 9 publications

Procedural Approach to the Public Interest in Migration Control when Applying Article 8 of the ECHR

Procedural Approach to the Public Interest in Migration Control when Applying Article 8 of the ECHR

Protecting the Best Interests of Children: A Critical Analysis of Child Custody and Divorce Proceedings in Nigeria under the Child Rights Act 2003

Beyond Decisions About a Child and Decisions Affecting a Child in Deportation Cases

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