Fundamental Rights Of Children Research Articles

LEGAL CONTROVERSIES IN CROSS-BORDER SURROGACY: A CENTRAL EUROPEAN PERSPECTIVE ON THE RECOGNITION OF LEGAL PARENTHOOD THROUGH SURROGACY ESTABLISHED ABROAD

Background: This paper explores the legal field of surrogacy from a Central European perspective, focusing on how countries such as Austria, Germany, and Switzerland address the recognition of parental status established abroad. While the prevailing attitude among Central European states is to prohibit surrogacy within their national laws, there is an increasing tendency to bypass these bans by seeking surrogacy services abroad. This phenomenon, termed reproductive tourism, raises complex legal questions about the recognition of foreign parental status determinations. Methods: The methods used include a comprehensive review of international and autonomous national legal rules as well as a comparative analysis of case law from Central European courts regarding cross-border surrogacy and parenthood recognition. The study examines legal controversies employing Austrian family law as an example to assess highly topical issues arising from surrogacy. It incorporates data from various legal sources, including the Austrian Constitutional Court, the German Federal Court of Justice, the Swiss Federal Supreme Court, and the European Court of Human Rights. Results and conclusions: The findings reveal significant differences between Austria, Germany, and Switzerland regarding the recognition of parental status established by way of surrogacy abroad. While supreme court decisions in these countries tend to prioritise the best interests of the child – often recognising foreign surrogacy arrangements to avoid leaving children without legal parents – their judicial approaches differ considerably. The Austrian Constitutional Court adopts a more inclusive approach by accepting foreign determinations from any authority, such as birth certificates, under the concept of automatic recognition. In contrast, the German and Swiss supreme courts acknowledge only formal court decisions. For cross-border surrogacy cases that do not fulfil this requirement, these countries apply the national law of the child's habitual residence or, as a fallback, the law of the intended parents’ country of origin. Since both German and Swiss law categorically forbid surrogacy, only the genetic father is typically recognised, while the intended mother is directed to adoption. This aligns with the opinion of the ECtHR, which still considers the method of establishing parenthood to be within the sovereignty of a state. This article advocates for a balanced approach that respects both the legal principles of national states and the fundamental rights of children born through an arrangement with a surrogate mother in another country.

Motivations and perspectives on the use of corporal punishment at home: A qualitative study of Ghanaian parents

BackgroundThe Convention on the Rights of the Child acknowledges the fundamental rights of children. Despite the adverse effects of corporal punishment, it continues to be prevalent, especially among sub-Saharan African countries, including Ghana. ObjectiveThis study explored whether parents ever used corporal punishment on their children at home and their motivations for doing so. It also explored whether parents perceive corporal punishment as a violation of children's rights and their views on continuing or discontinuing corporal punishment at home. Participants and settingThis study involved (100) parents across the ten regions of Ghana. MethodsA semi-structured interview guide was used to conduct interviews with parents. Thematic analysis was used to analyse the qualitative data using the aid of QSR NVivo version 10. ResultsAll parents reported that they had ever punished their children. Three sub-themes emerged under the motivation of parents to punish their children. These include (a) building a sense of discipline in the child to prevent future misbehaviour, (b) releasing frustrations on children, and (c) toughening up the child to confront life challenges. Also, parents had mixed opinions on whether corporal punishment violates children's human rights and whether corporal punishment should be practiced at home. ConclusionsThis study demonstrated that parents perceived corporal punishment as beneficial for their children's development. There is a need for community mobilisation programmes to change parents' and society's attitudes, norms, and beliefs regarding corporal punishment.

The Causes and Consequences of Child Marriage Among Muslim Community: With Special Reference to the Cases Identified in the Eastern Province of Sri Lanka

The age of marriage for women is influenced by various socio-economic and cultural factors and remains a controversial topic in Sri Lanka. Child marriages are highly destructive, violating the fundamental rights of children protected by multiple global and national laws. The Eastern Province of Sri Lanka is particularly affected by this issue, resulting in children abandoning education and facing sexual, physical, and emotional violence, as well as premature motherhood. This study aims to identify the socio-economic and cultural factors driving child marriage in this region and to assess its impacts on the lives of those affected. Utilising a mixed-method approach, data were collected through questionnaire surveys and semi-structured interviews with young women who experienced early marriage, their parents, community leaders, and other informed individuals. The literature review included research articles, reports, and web publications to construct the theoretical framework. Findings indicate that factors such as parental marriage at a young age, parental death, dowry, poverty, large family sizes, and lack of interest in education significantly contribute to early marriages. Physical and psychological effects were found to be more prevalent than other social and economic impacts. These findings provide a foundation for future research and policy interventions aimed at mitigating child marriage.

Benefits of being part of a support group for caregivers of children with multiple disabilities: a qualitative study.

Motivation for the study. Filling a knowledge gap regarding support groups for caregivers of children with multiple disabilities. Main findings. Support groups are valuable spaces for social support and learning for caregivers of children with multiple disabilities. They facilitate resilience and coping strategies following the birth of a child with multiple disabilities. They promote the participation and empowerment of caregivers of children with multiple disabilities to address access barriers and advocate for the fundamental rights of children. Implications. It is important to promote and support support groups for caregivers of children with multiple disabilities. To explore the perceived benefits of participating in a support group of caregivers of children with multiple disabilities. A qualitative study with a focused ethnographic approach was conducted from October 2022 to February 2023, in which we applied convenience sampling. We included 20 caregivers of children with multiple disabilities. Information was collected through participant observation, focus groups, and semi-structured interviews. Thematic analysis was performed by applying Braun and Clark's proposals. The emerging themes were: social support network: integrating, informing, and helping each other; learning space: learning to take care and to take care of oneself; promoting empowerment: identifying and facing access barriers. We found that the support group functions as a social support network provides information, reduces uncertainty, and facilitates coping and resilience after the birth and upbringing of a child with multiple disabilities. It is a space where one learns to care for and take care of oneself and where empowerment for the defense of the rights of children with disabilities is promoted.

Implikasi Hukum Terhadap Perkawinan Anak: Pelanggaran Hak-Hak Anak dan Tanggung Jawab Negara

In general, the purpose of marriage is to fulfill human desires in order to create a happy household, in accordance with applicable regulations. However, today the marriage of minors has become an increasingly pointed issue in the context of law, humanity and the protection of human rights. Child marriages often involve one party who has not reached the age of majority, causing a wide and serious impact on the rights of children and society in general. This paper aims to examine more deeply how Indonesian law regulates the age limit of marriage and whether these rules are effective in preventing child marriage, as well as to describe the legal impact of child marriage and the role of the government in strengthening legal protection for victims of child marriage. The method used in this paper is a normative legal writing method using data collection techniques through document study activities on secondary data. The findings of this paper are that children involved in marriage often lack the ability to give free consent. In many cases, child marriage violates the fundamental rights of children in accordance with the UN Convention on the Rights of the Child, Indonesian positive law and other international laws that protect children from exploitation, violence and discrimination. The state's responsibility is not only limited to enforcing laws and regulations that protect children from exploitation, violence and discrimination.

When disability and homoparenting meet: the adoption of children with disability by same sex couples.

The present theoretical essay is based on six reports concerning same-sex couples and gay and lesbian people in order to interconnect homoparenting and the adoption of children with disabilities, through the lenses of human and social sciences in public health. The reports were interpreted in light of studies on same-sex adoption and the adoption of children with disabilities. Feminist approaches related to care and disability were also included in the interpretative perspective, operating as expressive webs of grammars of ableism. It was found that media approaches endorse the right to family formation and the adoption of children with disabilities by homoparental families, but with little critical depth on the category of disability and without highlighting support for the adoption of all adoptee profiles. Moreover, the intersections between homophobia and ableism increase discriminatory and oppressive logics, with the union of social groups considered to be "undesirable" representing a strategy of governmentality that reveals the complexity of grammars of ableism, applied to the sexual and reproductive rights of LGBTQIA+ adopters and to the fundamental rights of children and adolescents with disabilities who are available for adoption.

Reflexiones contractuales sobre el Plan de Alimentación Escolar (PAE) en Colombia: un análisis de los casos de La Guajira, Cesar y Santander

The present research project emphasizes the significance of the School Feeding Program (PAE) as a guarantor of the right to food for children and adolescents enrolled in the official education system of the country (Magin Yara et al., 2021). Attention is directed towards the contracting process carried out by the State for the implementation of school feeding plans, with the purpose of evaluating the level of compliance with state objectives, particularly the safeguarding of the best interests of children. The methodology used in this research is qualitative, employing a descriptive method to thoroughly characterize the object of study and the associated variables (Arias Gonzáles and Covinos Gallardo, 2021). This approach allows for a meticulous exploration of possible irregularities in the school feeding plans' contracting process, as well as those generated by an ineffective execution of contracts intended for that purpose. Issues have been identified in the contracting processes of the PAE in the departments of La Guajira, Cesar, and Santander, where the fundamental rights of children have been violated. Particularly in communities with scarce state presence, located in remote rural areas or difficult-to-access zones due to the lack of road infrastructure and the country's topography. These regions face limitations in economic resources and lack access to digital tools and resources, such as internet service, imposing significant barriers to the effective access of control and supervision entities to the PAE program (Moreno Páez and Moreno Rodríguez, 2020). The research technique used is documentary and bibliographical analysis, enabling studies on national and international reports, governmental and non-governmental, as well as national and international regulations. Finally, data triangulation is employed to cross-reference information obtained from different sources, while hermeneutics is used to interpret the data and understand the studied phenomena. In conclusion, this research on the School Feeding Program in Colombia highlights the importance of ensuring the right to food for children and adolescents in the country's official education system. Additionally, problems in the contracting processes of the PAE in the departments of La Guajira, Cesar, and Santander are identified.

Intellectual Freedom Issues for Students in Our Schools: Are We Ready?

The concept of intellectual freedom includes a wide range of interlocking rights such asfreedom to read, freedom of expression, freedom to speak, freedom of the press, freedom to know,and social responsibility, all of which are foundational to a democratic society and to schooling ina democratic society. The fundamental rights of children are rarely addressed in discussions ofintellectual freedom, and in Canada and in the United States, children’s intellectual freedom rightsincreasingly are being curtailed by politicians, courts, school administrators, and sometimes byteacher-librarians themselves. There are resources that teacher-librarians can utilize when dealingwith issues related to intellectual freedom, especially when the rights of children are at risk. Onevaluable resource is a national database of library challenges. Recognizing children’s rights wouldmean including the interests of children and young adults (from birth to age 18) in the discussionsand deliberations related to intellectual freedom and freedom of expression.

Proses Pelaksanaan Pemberian Hak Restitusi Bagi Anak yang Menjadi Korban Tindak Pidana pada Tahap Penyidikan, Penuntutan dan Putusan Pengadilan

The form of protection given to children is not optimal, where the law only provides protection in the form of imposing prison sanctions on perpetrators of crimes, while the fundamental rights of children who are victims of crime have not been taken seriously. The form of protection in question is a form of protection after the occurrence of a crime that has a direct effect on the victim, one of which is the granting of the right of restitution. The granting of the right of restitution is a form of compensation for children who are victims of a crime. qualitative in nature to obtain descriptive results.

Child participation in early childhood education in Spain: When having rights does not mean being able to exercise them

This article carries out a systematic review of the scientific literature on child participation in the formal education system in Spain between 2010 and 2022. Recognising the importance of child participation in the context of the European Union, the theoretical principles of this study are in line with the perspective that child participation involves recognising the fundamental right of children to be heard and taken into consideration from an early age and providing them with the opportunity to convert that listening into positive changes to aspects that affect their lives. Child participation has significant benefits, both from an individual point of view (the child’s own development and the recognition that all rights are for all children), and a social and collective point of view (the strengthening of democracy itself making the school a school for participation). The systematic review of the scientific literature was conducted according to the PRISMA statement 2020. The analysis of the selected articles was based on the Lundy model of child participation (2007) which considers four dimensions: space, voice, audience and influence. The results show that despite the Spanish scientific community’s growing interest in child participation in the field of early childhood education, school culture is still very adult-centric. Aspects related to the dimensions of voice, audience and influence could be improved for which more research is required. There is a clear need to broaden the techniques and instruments required for making child participation effective, and experiences that go beyond consultative participation should be developed. This would enable forms of child participation focused on improving their lives based on their own needs being heard and taken into consideration.

Implicative Analysis of Child Protection Laws and U.N Convention on the rights of Child (A Case Study of Pakistan from an International perspective)

We cannot regret the importance of children concerning social stability and rehabilitation for sustainable development goals as the most integral ingredient for a community. The protection of the fundamental rights of children has remained in question since ancient times. Still, despite frequent legislation for the accomplishment of the social errands regarding a child's security to ascertain the desired outcomes, the matter remained a dilemma for almost all states of the world. Birth registration and early education are recognized rights of a child. Still, statistics are comparatively low, with 34% under the age of 5 years and 31% under the age of 18 years of children in the society of Pakistan. Child labor is 3.3 million of the total population of Pakistan, which is alarming. Separate trial of children is also needed for protection of their rights. This study will involve the mixed method of research to explore the dominant flaws considered a hurdle to accomplishing the assignment regarding safeguarding children from childhood deprivation, health, and education besides physical, psychological, sexual exploitation, and child trafficking. This study will also descriptively discuss the possible measures which can be helpful to rectify the issues from society for social rehabilitation.

The rights of Filipino children in armed conflict: reflections on international and national legal frameworks

There is a great amount of international attention directed towards the recruitment and involvement of children in armed conflict. In response to this, Philippine legislators have passed laws to assist and protect these children. However, most of these are not reflective of the reality of children and may even further disadvantage them. This paper explores international and national policies directed towards children in armed conflict through the perspective of children’s rights. It aims to paint a more realistic and rights-oriented approach towards the understanding of children in armed conflict. The importance of this not only rests on the growing amount of international attention directed towards this issue, but more importantly, because doing so promotes efforts in fulfilling the fundamental rights of children.
 
 
 

A hospital-based cross-sectional study for assessment of immunization status of children in western Maharashtra, India

Background: Immunization against vaccine-preventable diseases is a fundamental right of children and a way to reduce childhood mortality and morbidity; thus, it is a way to improve the health of the community. Delayed vaccination increases the susceptibility of a child to vaccine-preventable diseases and also affects herd immunity. So this study was undertaken to assess the immunization status of children attending a tertiary care hospital that caters to urban as well as rural populations, focusing on the timeliness of vaccination, and to explore the predictors of vaccination delay. Materials and Methods: A cross-sectional study was carried out among 302 immunization attendees of 12–23 months of age in the immunization outpatient department of a tertiary care hospital. Parents were interviewed, and vaccination dates were obtained from vaccination cards and assessed for vaccination delay. Results: From a total of 302 children of age 12 to 23 months who enrolled in the study, 165 (54.64%) children were vaccinated on time and 137 (45.36%) children had vaccination delays. When assessing vaccination delay, 24 (7.95%), 44 (14.57%), and 118 (39.07%) children were found to have vaccination delay for Bacille Calmette-Guerin (BCG), pentavalent vaccine (PENTA1), and magnetic resonance imaging (MR1), respectively. Out of them, 49 (16.22%) children had vaccination delay for more than one vaccine. Age at first pregnancy, place of delivery, gender, birth order, and birth weight of the child were found to be statistically significant for delayed vaccination. Conclusion: Delays in vaccination can be addressed by offering mobile vaccination clinic facilities to migrant people as well as raising community knowledge about the importance of timely child vaccination through the targeted approach: Information, Education, and Communication (IEC) activities.

Basic epidemiology of wellbeing among children and adolescents: A cross-sectional population level study

Wellbeing and mental health are fundamental rights of children and adolescents essential for sustainable development. Understanding the epidemiology of child and adolescent wellbeing is essential to informing population health approaches to improving wellbeing and preventing mental illness. The present study estimated the prevalence of wellbeing and how wellbeing indicators were distributed across social and economic groups. This study used data from the 2019 Wellbeing and Engagement Collection; an annual census conducted in South Australian schools that measures self-reported wellbeing in students aged 8–18 years (n = 75,966). We estimated the prevalence (n, %) of low, medium and high wellbeing across five outcomes: life satisfaction, optimism, sadness, worries and happiness, overall and stratified by gender, age, language background, socio-economic position and geographical remoteness. The prevalence of low wellbeing on each indicator was: happiness 13%, optimism 16%, life satisfaction 22%, sadness 16% and worries 25%. The prevalence of low wellbeing increased with age, particularly for females. For example, 22.5% of females aged 8–10 years had high levels of worries compared to 43.6% of 15 to 18-year old females. Socioeconomic inequality in wellbeing was evident on all indicators, with 19.5% of children in the most disadvantaged communities having high levels of sadness compared to 12.5% of children in the most advantaged communities. Many children and adolescents experience low wellbeing on one or more indicators (40.7%). The scale of this problem warrants a population-level preventative health response, in addition to a clinical, individual-level responses to acute mental health needs. Universal school-based programs that support social and emotional wellbeing have a role to play in this response but need to be supported by universal and targeted responses from outside of the education system.

Child Marriages: International Laws and Islamic Laws Perspective

A Child marriage is a serious issue in Pakistani society particularly in rural areas and interior Sindh province. The reasons and forms of child marriages are very harmful and against the fundamental rights of children granted by various international and domestic laws. The practice causes severe effects not only to children but also to society as a whole. This article discusses the legislative efforts made by the United Nations and the international community to restrain child marriages around the globe. The issue of child marriages is discussed under the ambit of human rights and women’s rights and highlighted in various conventions and treaties. State parties are bound to make their domestic laws according to the essence of such conventions and treaties. Similarly, Islamic law holds an important position in domestic laws of Pakistan. Therefore, the issue is analysed in light of Islamic law as well as international law. This research identifies and analyze the available international, Islamic and domestic legal instruments that are relevant to help in restrain of child marriage. The methodology employed in this research is qualitative method of legal case study, where by researchers analyzed secondary sources including articles, books, reports, online web sites and court cases. After the analysis of the available data and legal instruments, this research finds that i) child marriage in Pakistani society are practiced arbitrarily, ii) very young spouses are not having opportunity to pursue their post marriage education, iii) the community, especially female, are not aware of the existence of legal assistance in the legal system to protect them from such early marriage; iv) available laws in Pakistan are inadequate in restraining of the practice, v) equality promoted in the Constitution of Pakistan is not strictly followed by authorities, vi) although, international conventions condemn the practice but there is no proper international law sanction to prohibit child marriage vii) Islamic law permits a guardian of a child to marry off his ward before she attains puberty but the marriage can only be consummated after she attained puberty.
 
 Received: 31 October 2020 / Accepted: 6 January 2021 / Published: 10 May 2021

Fundamental Rights and Best Interests of the Child in Transnational Families, by Elisabetta Bergamini and Chiara Ragni

This edited book by Elisabetta Bergamini and Chiara Ragni covers a crucial theme—the implementation of children’s rights and interests in the EU in cross-border situations. Over the course of 16 chapters, highly important topics are covered which demonstrate the current rate of international movement of families, and the accompanying internationalisation of child and family law. Stalford noted in her seminal work ‘Children and the European Union: rights, welfare and accountability’ how the EU has experienced changes to its constitutional, legal, and institutional landscape over the years, and how this has generated new opportunities to engage with a broad range of social and rights related issues relating to children.1 The primary focus of the book—the protection of children in cross-border situations—is therefore a particularly worthy area for examination. Challenging questions are posed in this book, including those relating to the fundamental rights of children in transnational families, what...

Surrogacy and "Procreative Tourism". What Does the Future Hold from the Ethical and Legal Perspectives?

Background and objectives: To explore the ethical and legal complexities arising from the controversial issue of surrogacy, particularly in terms of how they affect fundamental rights of children and parents. Surrogacy is a form of medically-assisted procreation (MAP) in which a woman “lends” her uterus to carry out a pregnancy on behalf of a third party. There are pathological conditions, such as uterine agenesis or hysterectomy outcomes, that may prevent prospective mothers from becoming pregnant or carry a pregnancy to term; such patients may consider finding a surrogate mother. Many issues relating to surrogacy remain unresolved, with significant disagreements and controversy within the scientific community and public opinion. There are several factors called into play and multiple parties and stakeholders whose objectives and interests need to somehow be reconciled. First and foremost, the authors contend, it is essential to prioritize and uphold the rights of children born through surrogacy and heterologous MAP. Materials and methods: To draw a parallel between Italy and the rest of the world, the legislation in force in twelve European countries was analyzed, eleven of which are part of the European Union (France, Germany, Italy, Spain, Greece, Netherlands, Belgium, Denmark, Lithuania, Czech Republic and Portugal) and three non-members of the same (United Kingdom, Ukraine and Russia), as well as that of twelve non-European countries considered exemplary (United States, Canada, Australia, India, China, Thailand, Israel, Nigeria and South Africa); in particular, legislative sources and legal databases were drawn upon, in order to draw a comparison with the Italian legislation currently in force and map out the evolution of the Italian case law on the basis of the judgments issued by Italian courts, including the Constitutional and Supreme Courts and the European Court of Human Rights (ECHR); search engines such as PubMed and Google Scholar were also used, by entering the keywords “surrogacy” and “surrogate motherhood”, to find scientific articles concerning assisted reproduction techniques with a close focus on surrogacy. Results: SM is a prohibited and sanctioned practice in Italy; on the other hand, it is allowed in other countries of the world, which leads Italian couples, or couples from other countries where it is banned, to often contact foreign centers in order to undertake a MAP pathway which includes surrogacy; in addition, challenges may arise from the legal status of children born through surrogacy abroad: to date, in most countries, there is no specific legislation aimed at regulating their legal registration and parental status. Conclusion: With reference to the Italian context, despite the scientific and legal evolution on the subject, a legislative intervention aimed at filling the regulatory gaps in terms of heterologous MAP and surrogacy has not yet come to fruition. Considering the possibility of “fertility tourism”, i.e., traveling to countries where the practice is legal, as indeed already happens in a relatively significant number of cases, the current legislation, although integrated by the legal interpretation, does not appear to be effective in avoiding the phenomenon of procreative tourism. Moreover, to overcome some contradictions currently present between law 40 and law 194, it would be appropriate to outline an organic and exhaustive framework of rules, which should take into account the multiplicity of interests at stake, in keeping with a fair and sustainable balance when regulating such practices.

Çocuk Hakları Evrensel Sözleşmesi Hükümleri Çerçevesinde Türk Çocuk Oyunlarının İncelenmesi

Playing is one of the fundamental rights of children of the world. In addition to this, children's games, which are the main means of playing, have great importance in terms of civilizations due to it’s role in preserving cultural accumulation and social fabric, it’s transferring between generations and ensuring it’s continuity. It is seen that the provisions of Convention on the Rights of the Child which is considered as the main basis of the rights of the children, also emphasizes these issues seriously. In the research, depend on the foresight that Turkish children's games can have important contact points with children's rights, it’s aimed to determine the ways in which Turkish children's games which are the product of local (cultural) accumulation, are contacted with the rights of Turkish children. The research is a review of a literature designed in accordance with the qualitative research approach. In this research, 1677 Turkish children's games were examined contextually. The games examined in the Convention’s axis were scrutinised under eight different titles. As a result of the research, it has been determined that traditional Turkish children's games exhibit a content profile that coincides with eight different developmental areas, especially the child's development and participation main rights in terms of the Universal Convention on the Rights of the Child. In this direction, some determinations which are related to the positive aspects of social awareness development about Turkish children's games were revealed.

Anchoring More than Babies: Children's Rights after Obergefell v. Hodges

The Supreme Court’s recent decision upholding a constitutional right to same sex marriage in Obergefell v. Hodges was a huge advance not just for LGBT Americans, but also for children. Obergefell suggests children have a fundamental right to be raised by their parents without being demeaned or marginalized by the state. This has important implications for other vulnerable children, including U.S. citizen children with undocumented parents. This Article argues that deporting these children’s parents contravenes their fundamental right to be raised by a loving parent, to equal protection of the law, and to remain in the United States as U.S. citizens. It explains the important shift in perspective on children’s rights suggested by the Obergefell decision and its implications for children with undocumented parents. It describes the current situation confronting U.S. citizen children whose parents lack legal immigration status and the unconstitutional harm they suffer when their parents are deported. It notes that three important constitutional rights are implicated: children’s substantive due process right to be raised by their parents, their right to equal protection of the laws, and their right under the Privileges and Immunities Clause to live in the United States. Finally, the Article discusses procedures to protect the rights of U.S. citizen children with undocumented parents. It concludes that executive action to prevent the deportation of parents of U.S. citizen children is clearly warranted. Given the fundamental rights of children that are at stake, the Article contends that mechanisms to prevent the deportation of U.S. citizen children’s parents are not only lawful, but perhaps constitutionally required.

The Detention of Migrant Children: A Comparative Study of the United States and Mexico

Abstract Detention facilities are no place for children who are irregular migrants. Yet both the United States (US) and Mexico have struggled with how to respond to the arrival of Central American children who are primarily fleeing violence. In these neighbouring countries, the detention of children reflects both an ineffective and misguided strategy to deter people from moving across their southern borders. This focus on border control is further reinforced by the US outsourcing of enforcement controls to Mexico. In the US, a preoccupation with border control can quickly undermine the purported interest of protecting migrant children because they lack the fundamental right to be free from detention. In Mexico, its role as a buffer State causes it to overlook its human rights, constitutional, and federal law commitments to the fundamental rights of children, while allowing practical obstacles to stand in the way of these legal obligations. This article examines how the political imperative of border control in the US influences the various approaches taken by the US and Mexico towards the detention of migrant children. It analyses the shortcomings and best practices of each system and concludes with recommended reforms that actualize the right of migrant children to be free from detention.