Epifanov A.E. From Foreign Experience in Ensuring the Legal Status of Underage Migrants
DOI: https://doi.org/10.15688/lc.jvolsu.2024.4.5
Alexander E. Epifanov, Doctor of Sciences (Jurisprudence), Professor, Chief Researcher, Department for the Study of Problems of History of the Ministry of Internal Affairs of Russia, Research Center, Academy of Management of the Ministry of Internal Affairs of Russia, Zoi i Alexandra Kosmodemyanskikh St, 8, 125171 Moscow, Russian Federation; Professor, Department of Public Law and Legal Support of Management, State University of Management, Prosp. Ryazansky, 99, 109542 Moscow, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0002-5686-5770
Introduction: The complex migration situation in the Russian Federation requires constant study of the experience of foreign countries with high rates of migration population growth for the purpose of theoretical and practical updating of legal approaches to the observance of human rights, taking into account the peculiarities of the national legal system. The root causes of migration, as a rule, are very diverse: from socio-economic factors to the desire of families to provide their children with a more promising future. However, in connection with the increase in the number of minors migrating without parents or legal representatives, the study of foreign experience in the legal regulation of the situation of children when crossing national borders may have practical significance in predicting migration trends and their national regulation. The purpose of the study: to consider modern foreign approaches to ensuring the rights of the child during the migration of minors. Methods: When writing the article, the method of analyzing the current state of migration processes in countries with the largest number of arriving migrants was used. Foreign experience in forming legal protection for minors during migration was studied using the comparative legal method. The use of the formal legal method made it possible to identify the features and current state of legal regulation of the situation of migrants. Results: The data reviewed indicate an increase in restrictive tendencies of legal regimes for arriving migrants, including minors, whose constant influx is considered a threat to national security and requires tougher measures to enhance stability at state borders in opposition to the globalist trends of the last decade. Conclusions: International legal standards in the field of children’s rights oblige national states to form child protection systems based on the principles of best meeting the needs of minors for protection and well-being. However, the uncontrolled migration situation and the need to strengthen the security of national borders by strengthening border control measures are considered by national governments as sufficient grounds for derogation from accepted international legal obligations in the field of human rights and the rights of the child.
Key words: minor, migration, protection, state, parents, legal representative, detention, children’s rights.
Citation. Epifanov A.E. From Foreign Experience in Ensuring the Legal Status of Underage Migrants. Legal Concept = Pravovaya paradigma, 2024, vol. 23, no. 4, pp. 38-43. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2024.4.5
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