The Protection of Best Interests of Migrant Children: Private International Law Perspectives

Research output: Chapter in Book/Report/Conference proceedingChapter (peer-reviewed)

Abstract

Migration news stories have, in recent years, captured the world’s attention almost daily. Migration is not however a new phenomenon. The first wave of globalisation, between 1870 and 1914 saw as much as 10% of the world’s population move permanently to a new country. It is paradoxical therefore that, at the start of the new millennium, migration was still under-researched.

The phenomenon may generally be divided into diverse categories: temporary labour migration or highly skilled and business migration; internal or international migration; legal or illegal migration; forced or chosen migration; family reunification migration, return migration… Such typology reflects an approach that largely sees migration as a challenge states and primarily considers it under the angle of international politics and security.

Migration can though also be studied from the perspective of the individual migrant. In this whilst it is human rights law which immediately resonates, private international law also has a key role to play. The interface between human rights and private international law as regards issues of migration has not frequently been considered. And this is particularly the case as regards children.

Can and do States achieve the protection of the best interests of migrant children in part through the framework of private international law? To answer this question, this article will consider first the relevance of private international law to migrants and migration. It then discusses whether the reliance on private international law rules, methods and approaches, including the increasingly popular connecting factor of habitual residence is adequate as a basis on which to protect the best interests of migrant children.
Original languageEnglish
Title of host publicationMigrant children
Subtitle of host publicationchallenges for public and private international law
EditorsGiacomo Biagioni
PublisherEditoriale Scientifica
Number of pages37
ISBN (Print)9788863428452
Publication statusPublished - 2017

Publication series

Name La ricerca del diritto nella comunità internazionale
PublisherEditoriale Scientifica
Number13

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Keywords

  • Private International Law
  • Migration
  • Best Interests of Children
  • European Union
  • Hague Conference on Private International Law
  • UNCRC
  • Hague Child Abduction Convention
  • Habitual Residence

Cite this

Fiorini, A. (2017). The Protection of Best Interests of Migrant Children: Private International Law Perspectives. In G. Biagioni (Ed.), Migrant children : challenges for public and private international law ( La ricerca del diritto nella comunità internazionale; No. 13). Editoriale Scientifica.