International Journal of Scientific and Research Publications


Title: Children Separated from their parents, A violation of children's rights: The Case of Child Separation at the U.S-Mexico Border

Dr Justin B. Mudekereza


For several decades, economic, security and other instability caused by disasters as well as problems linked to religions have pushed populations to move in search of more secure countries. These kinds of situations have always been observed among the populations of African countries, Asian countries, and South American.

A large majority of the populations coming from the South American countries often take their way to migrate to the United States (U.S) in the hope of having a happy life. In the U.S, this situation is always managed politically depending on whether the power is in the hands of the Democrats or the Republicans. The former always want to open the borders while the latter have always wanted to close the borders to immigrants and deal with the internal problems of their country.

However, since 2019, I have observed that on the border between the US and Mexico, the issue of population migration was more politically managed and not within the framework of humanitarian protection.

What touched me a lot was the separation of children from their parents at the border of the two aforementioned countries. It could be that among the two countries, i.e. the U.S and Mexico, only the latter had ratified the International Convention on the Rights of the Child. Note that this United Nations Convention on the Rights of the Child was ratified by a total of 192 countries on November 20, 1989.

In this article, on the one hand, my attention was focused on the problematic of use of children by their parents to access American territory and, on the other hand, on the separation of children from their parents at the border between the U.S and Mexico by the U.S government. Below are some articles of the United Nations Convention on the Rights of the Child that I have found violated by the parties concerned:

- When adults make decisions, they must make them for the good for children (art.3).

- Every child has the right to live with his parents. If this is not possible because the parents are absent or because they mistreat him, the child retains the right to know where his parents are and can continue to see them (art.9).

- If you do not live in your country of origin, you have the right to live in the same place as your parents (art.10).

- A child cannot be taken away from his parents without their consent. He cannot be detained abroad because it is an abduction (article 11).

- If a child cannot live with his parents, he must be placed with another family or in an institution with other children (art.20).

By publishing this article, I hope to expose this other form of violation of children's rights and challenge decision-makers, in particular the United Nations, so that they can take appropriate steps or measures to stop this practice. Parents using children for the purpose of accessing any territory, if proven true, should be held accountable for their acts.

I precisely mention my sincere thanks for all the members who directly or indirectly helped me, guided me and encouraged me to complete this monograph.

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