International Legislation Specific to the Minor Immigrant

• Author: Andy Pusca
• Pages: 114-124

European Integration - Realities and Perspectives. Proceedings 2016

114

The Immigrant’s Legal Status in International Law

International Legislation Specific to the Minor Immigrant

Andy Pusca1

Abstract: Inside the vast array characterizing th e phenomenon of migration, in this paper we chose to

focus our analysis on a unique and extremely delicate category: the minor immigrants. The main

objective is to highlight the heterogeneity of juvenile migratory phenomenon, achieving a prospective

of analyses which focuses not only on international law aimed at protecting minors but also on the

flaws of European systems which ignore too often the importance of the superior interests of the child.

Mainly the Convention on the Rights of the Child, signed in New York in 1959, provides a generalized

protection of minor figure and it represents the legal basis for all rules directed towards children and

thus to minor immigrants.

Keywords: minor; migration; international; legislation

1 Introduction

“Infanzia” is a Latin term that catalogues a precise period of human life. Another term “infans”

means the “one who still does not speak” as translated from Latin; thus such terms have negative

connotation as they are indicators of incapacity, inability to express themselves or to make themselves

understood.

The principles established in the Universal Declaration of Human Rights concern all human beings,

regardless of their gender, race, origin, religious beliefs, age. And therefore children, being human

beings “have such rights as any other person”.2 The child, however, is a human being and as a

consequence holder of all rights established in multiple international and regional tools, but he is

connoted of incapacity and particular vulnerability, features that are reflected in special needs: being

an “adulte en devenir” he needs protection in useful time which should translate into strengthening

the traditional human rights and especially in the declaration of specific rights for his status of

“infans”.

The legal treatment of the foreign minor from the substantial point of view means in fact an extremely

delicate territory, being on the border of two opposite legislations, one in favor, the one relating to

minors, written with principles of protection and support, and one against, the one relating to

1 Associate Professor, PhD, Rector of Danubius University of Galati, Romania, Address: 3 Galati Blvd., Galati 800654,

Romania, Tel.: +40372361102, Corresponding author: andypusca@univ-danubius.ro.

2 Recommendation no. 1065 adopted on October 6, 1987 of Council of Europe Parliamentary Assembly, 39th ordinary

session.