Scales of grievability: on moving children and the geopolitics of precariousness

Abstract

This article investigates legal performativities of grievability in contemporary child migration and argues for a scalar approach to analyse and understand the cultural politics underpinning current debates on the ‘moving’ child. I turn to two court cases in the Dutch context that involve alleged child trafficking in international adoption on the one hand and the threat of deportation in child asylum on the other. These two forms of child migration have rarely been investigated in tandem although both concern the transnational movement of children from the global South to the wealthy North. By focusing on the legal concept of ‘the right to family life’ and ‘the best interest of the child’ I point to the performativity of law and the ways in which cultural constructions of the child, childhood, kin and humanitarianism intervene in our work of justification. My contention is that placing these ‘different-but-same bodies’ within a scalar dimension – one that takes into account spatio-temporal conditions of grievability – enables us to understand modern investments in child-bodies and the complexities of justice in globalization.