Los niños migrantes irregulares y sus derechos humanos en la práctica Europea y Americana: Entre el control y la protección

Abstract

Irregular migrant children are constantly exposed to violations to their human rights, to a considerable degree, because national irregular immigration regulations and policies lack of a compatible approach with their children status. This article explores the implications of these regulations and policies on their human rights. First, the inclusive legal framework of international protection, based on the recognition of rights and protection of all children, is studied. Second, the exclusive legal framework of irregular immigration national policies, based on the restriction of social rights and detentions, is analysed. It is concluded that these children are between two legal frameworks radically opposed, protection and control, and that states, failing to comply their international human rights obligations, do not give an effective response to their needs as children by systematically ignoring them in regulations and public policies.