Evolving legal frameworks for children's and adolescents' decision-making: protection vs. Empowerment

Abstract

Border pushbacks, increasingly normalized at the external borders of the European Union and by nations like Australia, Mexico, Turkey, and the United States, involve operations to block migrants from entering or staying in a territory. These actions often lack proper screening for protection needs, violating international laws against collective expulsion and refoulement. Pushbacks of children contradict the principle of prioritizing their best interests and other children's rights standards. Accompanying violations, such as excessive force, mistreatment, and family separations, exacerbate the harm. Despite challenges like inadequate oversight, judicial deference to governments, and official indifference, some domestic court decisions and initiatives offer hope for enforcing international standards and ensuring accountability. The article examines these practices, focusing on their impact on children, who face unique harms, and highlights the robust protections offered by international children’s rights norms, though these are often not upheld in practice. Pushbacks, part of broader strategies to evade asylum responsibilities, undermine the global protection framework and erode the rule of law, necessitating stronger accountability measures.