Protecting the Rights of Children in Migration—Volume 2

A special issue of Laws (ISSN 2075-471X).

Deadline for manuscript submissions: closed (1 February 2026) | Viewed by 3334

Special Issue Editors


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Guest Editor
Center for Bioethics and Humanities, University of Colorado, Aurora, CO 80045, USA
Interests: children's rights; business law clinic; child and family advocacy clinic; immigration clinic; trusts and estates clinic
Special Issues, Collections and Topics in MDPI journals

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Guest Editor
Human Rights Watch, New York, NY 10118-3299, USA
Interests: juvenile justice; refugee; migrant children
Special Issues, Collections and Topics in MDPI journals

Special Issue Information

Dear Colleagues,

When we co-edited the Special Issue on "Protecting the Rights of Children in Migration" in Laws in 2023, we were hopeful that policymakers, world leaders, and frontline workers would take to heart the rights of children in migration and treat them with the dignity and compassion they are owed as a matter of law, as well as based on our shared humanity with the children of the world.

Unfortunately, recent historical events have made clear that legal experts and children's advocates continue to be needed to analyze and document the rights of children on the move, as well as to emphasize strategies and theories for enforcing those rights. Thus, we decided to reopen this Special Issue and add a second volume to the collection of articles originally published two years ago.

We are once again seeking research papers, opinion pieces, commentaries, reflections, and book reviews related to cases, strategies, proceedings, resources, and efforts to protect the rights of children in migration. Authors may be academics, researchers, policymakers, practitioners, students, and, of course, children and families who have experienced the challenges and rewards of the migratory process.

Our hope is that this expanding collection of works will serve as a resource to children, their families and advocates, students, researchers, scholars, and policymakers. We want to create a platform that will create greater understanding of the rights of children in migration and the challenges they face in the fulfillment of their rights, with a focus on strategies and remedies to overcome these challenges in individual cases, nationally, and as a global society. This shared knowledge may help to design and implement migration channels, policies, and practices that will ensure that future generations of children will be able to get where they need to go quickly and safely without unnecessary delay or trauma in the years to come.

With the effects of the climate crisis, economic inequality, armed conflict, and racial and gender violence evident worldwide, children and families will continue to be compelled to migrate for generations to come. It is critical that we continue to focus our collective time, expertise, and energy on this critical issue. We hope you will consider sharing what you have learned thus far so we can help disseminate it worldwide, for free, in this Special Issue.

Sincerely,

Prof. Dr. Warren Binford
Dr. Michael Bochenek
Guest Editors

Manuscript Submission Information

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Please visit the Instructions for Authors page before submitting a manuscript. The Article Processing Charge (APC) for publication in this open access journal is 1400 CHF (Swiss Francs). Submitted papers should be well formatted and use good English. Authors may use MDPI's English editing service prior to publication or during author revisions.

Keywords

  • children
  • youth
  • immigration
  • migration
  • children's rights
  • human rights
  • international law
  • refugees
  • immigrants
  • migrants

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Published Papers (2 papers)

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Research

21 pages, 256 KB  
Article
The Interplay Between the 1951 Geneva Refugee Convention and the 1989 UN Convention on the Rights of the Child
by Stefanie Schmahl
Laws 2026, 15(2), 31; https://doi.org/10.3390/laws15020031 - 15 Apr 2026
Viewed by 309
Abstract
The interplay between the 1951 Refugee Convention and the 1989 Convention on the Rights of the Child (CRC) is of particular importance, as children today make up around 41% of all refugees. The Refugee Convention grants subsidiary international protection for persons who have [...] Read more.
The interplay between the 1951 Refugee Convention and the 1989 Convention on the Rights of the Child (CRC) is of particular importance, as children today make up around 41% of all refugees. The Refugee Convention grants subsidiary international protection for persons who have legally or de facto lost the protection of their home state because it either persecutes them or exposes them to persecution by non-state actors. The Convention contains various substantial guarantees for recognized refugees and persons seeking refugee status. However, it does not contain any explicit provision on refugee children. This is precisely where Article 22 CRC comes into play, which states that refugee children are entitled to “appropriate protection and humanitarian assistance”. The essay delineates the definition of what is meant by a “refugee child” in the light of both Article 22 CRC and Article 1A(2) of the Refugee Convention. Furthermore, it works out that Article 22 CRC can strengthen the Refugee Convention’s scant commitment to children’s rights. This is particularly evident in the CRC’s requirements for the treatment of children in asylum procedures, which are not addressed at all in the Refugee Convention. Full article
(This article belongs to the Special Issue Protecting the Rights of Children in Migration—Volume 2)
22 pages, 329 KB  
Article
International Law and the Protection of Migrant Children with Disabilities
by Mary Elizabeth Crock
Laws 2025, 14(5), 78; https://doi.org/10.3390/laws14050078 - 20 Oct 2025
Cited by 1 | Viewed by 2309
Abstract
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 [...] Read more.
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. Full article
(This article belongs to the Special Issue Protecting the Rights of Children in Migration—Volume 2)
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