Description
In a world where a child's fate is often determined by the arbitrary circumstances of their birth, International Migration of Children for a Better Life challenges the legal status quo. The book advances a dramatically different vision of children's relationship to nations and to the international legal order, one that provides theoretical grounding for a right of children to escape life-threatening circumstances, rather than waiting for change in their home environment. By offering a normative critique of existing international law, the book suggests novel arguments for enabling children to migrate more freely and escape adverse environments. It argues that the conventional policy response to tragic circumstances—war, famine, natural disaster, which prioritizes transformation of local conditions so people can remain in place or quickly return, is less appropriate for children than for adults. Children's needs are more urgent. The book arrives at several recommendations, backed by a theory of children's rights: eliminate citizenship for children altogether, disallow states from inhibiting children's departure, prioritize children over adults in immigration policy, and evacuate children en masse from nations that cannot protect them. Presenting a child-centered perspective on perennial issues in immigration law and political theory, International Migration of Children for a Better Life is a must read for legal academics, political philosophers, practitioners, and policy experts alike.
Table of Contents
IntroductionPart I: Children's Human Rights1. Eschewing Special Rights 2. The Right to Leave3. Justifications for Infringing the Right to LeavePart II: State Power Over Children4. Citizenship as Liability5. Claiming Persons as Citizens6. Limits on State Power Over Citizens, Residents, and Transients Part III: Positive Duties to Aid Children7. Obligations of International Bodies8. Obligation of Individual States9. Freedom to Aid Regardless of DutyConclusion
