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date: 07 May 2021

Abstract and Keywords

This chapter discusses the role played by human rights charters, such as the UN Convention on the Rights of the Child, the European Charter of Human Rights, and the African Charter on the Rights and Welfare of the Child, in establishing that children are not mere property of their parents but persons with their own independent rights to protection of family relationships and family identity. The chapter identifies specific provisions in these charters relevant to children’s family rights. It then examines various decisions of the European Court of Human Rights that address claims of violations of children’s rights to family in contexts including adoption, child protection, family reunification, access to birth records, and immigration, and that define appropriate remedies. The chapter closes by highlighting the growing threat to children’s rights to know and be cared for by their families posed by the populist backlash in wealthier nations against migrants fleeing war, violence, and poverty.

Keywords: Convention on the Rights of the Child, children’s rights, parent, family separation, parent-child relationship, family, reunification, adoption, identity, migration

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