MMRN Research Seminar, Richard Whitecross

The “best interests” of the child: immigration law and child migrants

State decisions on status affects families, not only individuals. Art 3 of the UN Convention of the Rights of the Child 1989 emphasises that states must apply the principle of best interests of the child when making a decision that impacts the child. This presentation extends current research on age assessment and its application to unaccompanied minors, to consider the interrelationship between international convention principles and national laws on immigration. To what extent are children a factor in immigration decisions and does decisions reflect the UNCRC principles are key questions that are particularly relevant as Scotland considers how to fully embed the UNCRC in to our laws. Could such a move influence reserved matters at the UK level?