Volume 03 Issue 07-2023
68
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
07
Pages:
68-73
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
This article analyzes the international and domestic regulations of states regulating the migration process of minors.
Cases of violations of the rights of the child by a person occurring during the migration of children at the present time
are also be disclosed, and a number of proposals aimed at preventing it are be proposed.
KEYWORDS
Child migration, Vulnerability, Illegal child migration, Human rights.
INTRODUCTION
Migration is a global phenomenon that affects millions
of people around the world, including children.
Children migrate for various reasons, including in
search of a better life, reuniting with relatives, fleeing
conflicts and getting an education or employment.
However, migration can also expose children to
various risks, including exploitation, trafficking, abuse
and discrimination.
The legal aspects of migration are regulated by
international and national laws and regulations.
International law recognizes that children are a
vulnerable group that needs special protection. But
what is meant by the word vulnerability. This term is
used in various sciences and fields, therefore it is
understood differently depending on where it is used.
For example, according to the Convention on the
Rights of the Child of November 20, 1989, adopted by
UN General Assembly resolution 44/25 , vulnerability
emphasizes the vulnerability of underage girls, who are
mostly subjected to sexual violence. When, as in the
Convention “On
the Protection of the Rights of All
Migrant Workers and Members of Their Families” , a
vulnerable situation means “a vulnerable situation in
which migrant workers and members of their families
often find themselves due, in particular, to the fact that
Research Article
INTERNATIONAL AND NATIONAL NORMATIVE LEGAL ACTS AIMED AT
PROTECTING THE RIGHTS OF MIGRANT CHILDREN AND THEIR SPECIFICS
Submission Date:
July 20, 2023,
Accepted Date:
July 25, 2023,
Published Date:
July 30, 2023
Crossref doi:
https://doi.org/10.37547/ijlc/Volume03Issue07-12
Nurullaev Farrukh Umidzhonovich
Lecturer At Tashkent State University Of Law, Uzbekistan
Journal
Website:
https://theusajournals.
com/index.php/ijlc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
Volume 03 Issue 07-2023
69
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
07
Pages:
68-73
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
the
y are not in the State of origin”. Based on this, it can
be said that no international legal document gives the
exact meaning of this term. As a result, E.S. Alisievich
in his article “Promotion and protection of the rights of
vulnerable groups in internat
ional law” gave the
following definition of the term “vulnerability”:
“Vulnerability of an individual or a population group
means, first of all, a higher risk than others due to
objective external factors and (or) existing physical or
psychological characteristics to become a victim of
violations of human rights and freedoms, including
being limited in the ability to exercise the rights and
freedoms guaranteed to everyone.” Therefore, we
can say that the significance of vulnerability can be
understood on the basis of external factors, as a result
of which vulnerability arose. As for the vulnerability of
children, this is due to their physical and mental
development, which is why they cannot defend and
defend their rights and interests.
MATERIALS AND METHODS
This research was conducted using literature review
and publication research, comparative analysis and
empirical study, and other techniques, including
historical, qualitative, and quantitative research.
RESULTS
The most pressing legal problems of child migration in
modern times, as well as the International and national
documents that regulate it, are discussed in detail. As a
result of this, problems arising in the process of child
migration are studied and proposals for its prevention
are developed.
DISCUSSION
The currently existing regulatory legal acts, the basis of
which was formed after the end of the Second World
War,
provide
comprehensive
regulation
of
international migration. And affect the protection of
the rights of all categories of people, including women
and children. The totality of which form the basis of
migration policy and practice at the international and
national levels.
The issue of protecting the rights of children in
conditions of forced migration is relevant for many
countries of the world. In this regard, international and
national documents play an important role in
protecting the rights of children in conditions of forced
migration.
Some of the key legal issues related to migration
include:
-
Refugee law is a branch of international law that
regulates the protection of the rights of refugees
forced to leave their homes due to persecution,
war or other serious human rights violations. The
1951 Refugee Convention and its 1967 Protocol are
key international legal instruments that protect the
rights of refugees and define their rights and
obligations.
-
Immigration legislation - regulates the entry, stay
and deportation of citizens of a foreign state in the
country. Immigration laws vary from country to
country, and they often reflect the political and
economic interests of the host countries.
-
Human rights law provides a framework for the
protection of human rights, including the rights of
migrants and refugees. The Universal Declaration
of Human Rights and the International Covenant
on Civil and Political Rights are key documents that
define the rights and obligations of individuals and
Governments.
Volume 03 Issue 07-2023
70
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
07
Pages:
68-73
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
Given the fact that the social status of children is lower
than that of adults, and due to the immaturity of the
child, migrant children face a number of problems and
risks, including exploitation, abuse and discrimination,
and therefore they need special rights and additional
protection. International and national legal acts have
been developed to protect the rights of migrant
children and ensure their well-being. One of which is
the Universal Declaration of the Rights of the Child and
the UN Convention on the Rights of the Child. The
Convention on the Rights of the Child is the most
comprehensive international legal document ratified
by 196 countries, including all UN member States, with
the exception of the United States of America. This
Convention provides a comprehensive framework for
the protection of children's rights, including the rights
of migrant children. It also recognizes that all children
have the right to protection from discrimination, and it
sets out specific provisions concerning the protection
of migrant children. Article 10 of the aforementioned
Convention states that children who seek refugee
status or are considered refugees must receive
adequate protection and assistance to exercise their
human rights.
Article 22, in turn, provides that children who do not
live with their parents have the right to special
protection and assistance, including alternative forms
of care. The Convention recognizes the right of every
child to a family, to protection from violence, abuse
and neglect, and also recognizes the right of every
child to seek, receive and disseminate information and
participate in cultural and artistic activities. In addition,
the UN Convention obliges States parties to respect
and promote the best interests of the child, ensure
their survival and development, and protect against all
forms of discrimination, exploitation and abuse. The
UN Convention also contains specific provisions on the
protection of children in the context of migration.
Article 3 requires States to ensure that the best
interests of the child are taken into account first in all
actions concerning children, including those related to
migration. Article 22 recognizes the right of refugee or
asylum-seeking children to adequate protection and
humanitarian assistance. Article 37 states that no child
shall be subjected to torture or other cruel, inhuman or
degrading treatment or punishment, and article 39
obliges States parties to take appropriate measures to
facilitate the physical and psychological recovery and
social reintegration of a child who has been a victim of
any form of neglect, exploitation or abuse.
In addition, the UN Millennium Declaration of
September 8, 2000 was adopted, which emphasizes
the protection of the vulnerable. The category of which
includes women, children, the disabled, refugees,
migrants and other categories of the population.
Provide children with the right to protection from
illegal child migration, as well as the right to access
education, health care and other social services.
In particular, chapter VI of the UN Millennium
Declaration noted as follows:
“We will make every effort to ensure that children, as
well as the entire civilian population, who are
experiencing the greatest suffering as a result of
natural disasters, genocide, armed conflicts and other
humanitarian emergencies, are provided with all
possible assistance and protection in order to return to
normal life as soon as possible.”
The International Convention on the Protection of the
Rights of All Migrant Workers and Members of Their
Families provides a comprehensive framework for the
protection of the rights of migrant workers and their
families, including the rights of migrant children. This
Convention recognizes that migrant children are
Volume 03 Issue 07-2023
71
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
07
Pages:
68-73
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
particularly vulnerable to exploitation, abuse and
discrimination, and establishes specific provisions
concerning the protection of their rights. Article 16 of
the Convention stipulates that migrant children should
receive adequate assistance, including access to
education, health care and other social services.
In order to resolve the problem with the protection of
the rights of migrant children, the International
Community of States in the XX century divided the
settlement of the protection of children's rights into
three categories:
-
on the fight against slavery
–
as a result of which
the Slavery Convention of 1926 was created;
-
against trafficking in women and children
–
which
is regulated by the Convention “On Combating
Trafficking in Women and Children” of 1921;
-
as well as regarding the work of minors
–
on the
basis of the Convention of the International Labor
Organization “On the minimum age (Non
-
Industrial Employment)” of 06/22/1933.
-
National documents can also provide additional
protection for the rights of children in conditions of
forced migration. For example. In some countries,
laws may be adopted that provide additional rights
to children in conditions of forced migration,
including the right to access social services.
-
For an example of national legislation, it would be
advisable to cite as an example the national
legislation of the Russian Federation. Since,
according to data only in 2017, the number of
registered migrants amounted to more than 15
million, most of whom came with their children. In
this connection, the country occupies one of the
leading places in accepting migrants, refugees and
other categories of the population. Consequently,
the authorities of this country have developed a
number of laws to protect the rights of children.
Eg:
-
Federal Law No. 159-
FZ of December 21, 1996 “On
additional guarantees for the social support of
or
phans and children left without parental care”;
-
The Law of Georgia “On the legal status of aliens
and stateless persons” of 2014;
Such actions to protect the rights of children in
conditions of forced migration were taken not only in
the Russian Federation and Georgia, but also in other
countries of the world, based on their state and
national values.
In the USA, in turn, laws have also been adopted to
protect the rights of migrants. One of which is the Law
“On Immigration and Nationality” Act of 1952. Th
is Law
is a key national legal document in the United States
that regulates immigration and naturalization. It also
establishes specific provisions concerning the
protection of the rights of migrant children, including
the right to access education, health care and other
social services. They envisage the establishment of a
Refugee Resettlement Office, which is responsible for
the care and custody of unaccompanied migrant
children.
REFERENCES
1.
Алисиевич Е. С. Поощрение и защита
уязвимых групп в международном праве. –
2012.
2.
Нуруллаев
Ф.
ПРОЦЕДУРА
УРЕГУЛИРОВАНИЯ СПОРОВ В РАМКАХ ВТО
//Евразийский
журнал
академических
исследований. –
2023.
–
Т. 3. –
№. 2 Part 3. –
С.
196-204.
3.
Tillaboev S. ROLE OF IP RIGHTS IN THE
ASSESSMENT
OF
PUBLIC
INTERESTS
Volume 03 Issue 07-2023
72
International Journal Of Law And Criminology
(ISSN
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2771-2214)
VOLUME
03
ISSUE
07
Pages:
68-73
SJIF
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FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
//SUSTAINABILITY OF EDUCATION, SOCIO-
ECONOMIC SCIENCE THEORY.
–
2023.
–
Т. 1. –
№. 5. –
С. 131
-135.
4.
ТИЛЛАБОЕВ Ш. ИМПЛЕМЕНТАЦИЯ ОПЫТА
ВЕЛИКОБРИТАНИИ
И
ЕВРОПЕЙСКОГО
СОЮЗА В СФЕРЕ ЗАЩИТЫ ПЕРСОНАЛЬНЫХ
ДАННЫХ
В
ЗАКОНОДАТЕЛЬСТВО
РЕСПУБЛИКИ
УЗБЕКИСТАН
//ЮРИСТ
АХБОРОТНОМАСИ. –
2022.
–
Т. 2. –
№. 3. –
С.
125-130.
5.
Umidzhonovich
N.
F.
PROBLEMS
OF
IMPROVING CONTRACTUAL RELATIONS IN
THE REPUBLIC OF UZBEKISTAN //E Conference
Zone.
–
2022.
–
С. 180
-182.
6.
Alijonov A. DECISIONS (COMPENDIUMS) OF
INTERNATIONAL ORGANIZATIONS AS A
SOURCE OF INTERNATIONAL INVESTMENT
LAW //Збірник наукових праць SCIENTIA. –
2021.
7.
Jaloliddin R. THE PROTECTION OF INVESTOR
RIGHTS IN THE DIGITAL AGE: EMERGING
CHALLENGES AND LEGAL RESPONSESTHE
PROTECTION OF INVESTOR RIGHTS IN THE
DIGITAL AGE: EMERGING CHALLENGES AND
LEGAL
RESPONSES
//INNOVATIVE
DEVELOPMENTS
AND
RESEARCH
IN
EDUCATION.
–
2023.
–
Т. 2. –
№. 15. –
С. 226
-228.
8.
Nurullayev
F.
ANGLO-SAKSON
HUQUQ
TIZIMIDA
SHARTNOMAVIY
MAJBURIYATLARNING O’ZIGA XOS HUQUQIY
JIHATLARI
HAMDA
QO’LLANILISHIDAGI
HUQUQIY MUAMMOLAR //Theoretical aspects
in the formation of pedagogical sciences.
–
2022.
–
Т. 1. –
№. 6. –
С. 132
-139.
9.
Махаматов М. М. XALQARO MEHNAT
TASHKILOTI KONVENSIYALARI NORMALARINI
MILLIY QONUNCHILIKKA IMPLEMENTASIYA
QILISHNING AYRIM MASALALARI //
ЖУРНАЛ
ПРАВОВЫХ ИССЛЕДОВАНИЙ. –
2022.
–
№. SI
-
3.
10.
Азходжаева
Р.
А.
МЕЖДУНАРОДНО
-
ПРАВОВОЕ
ВЗАИМОДЕЙСТВИЕ
ВТО
С
ПРОДОВОЛЬСТВЕННОЙ
И
СЕЛЬСКОХОЗЯЙСТВЕННОЙ ОРГАНИЗАЦИЕЙ
(ФАО) В ОБЛАСТИ ОХРАНЫ ЗДОРОВЬЯ
//ЖУРНАЛ ПРАВОВЫХ ИССЛЕДОВАНИЙ. –
2020.
–
№. SPECIAL 2
-3.
11.
Азходжаева
Р.
А.
МЕЖДУНАРОДНО
-
ПРАВОВОЕ
РЕГУЛИРОВАНИЕ
ОХРАНЫ
ЗДОРОВЬЯ
ПОДРОСТКОВ
//Oriental
renaissance: Innovative, educational, natural
and social sciences.
–
2023.
–
Т. 3. –
№. 2. –
С.
569-575.
12.
Rustambekov I. Xalqaro xususiy huquq
//Darslik. Toshkent: TDYU nashriyoti.
–
2019.
13.
GAFUROVA,
Nozimaxon,
and
Shahnoza
ALMOSOVA. "Practical aspects of the concept
of the rule of law." ЮРИСТ АХБОРОТНОМАСИ
2.6 (2021): 84-91.
14.
GAFUROVA N., TOSHMATOVA V. РОЛЬ
БИОЭТИЧЕСКОЙ НАУКИ В ЗАЩИТЕ ПРАВ
ПАЦИЕНТОВ В ПЕРИОД ПАНДЕМИИ COVID
-19
//ЮРИСТ АХБОРОТНОМАСИ. –
2023.
–
Т. 3. –
№. 2. –
С. 96
-103.
15.
Rasulov J. CHILDREN AND FORCED LABOUR:
THE LEGAL NATURE OF INTERNATIONAL
LABOUR STANDARDS //Theoretical & Applied
Science.
–
2021.
–
№. 8. –
С. 42
-45.
16.
Валижонов Д. АНАЛИЗ МЕЖДУНАРОДНО
-
ПРАВОВЫХ ОСНОВ СОТРУДНИЧЕСТВА ПО
БОРЬБЕ С ПРЕСТУПНОСТЬЮ //Review of law
sciences.
–
2020.
–
Т. 1. –
№. Спецвыпуск. –
С.
219-225.
17.
Эгамбердиев Д. Международный опыт
регулирования
и
организации
расследования
международными
Volume 03 Issue 07-2023
73
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
07
Pages:
68-73
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
следственными группами //Review of law
sciences.
–
2020.
–
№. 3. –
С. 95
-99.
18.
Nozimakhon G., Faringiz Y. Analysis of
International Legislation Regulating the
Protection of Patients’ Rights //Asian Pacific
Journal of Environment and Cancer.
–
2022.
–
Т.
5.
–
№. S1. –
С. 5
-8.
19.
Umidzhonovich N. F. The Perspectives of the
Establishment of Multi-Door Courthouse
Centers in the Republic of Uzbekistan and
Online Dispute Resolution is Another Step on
the Way to Justice //European Multidisciplinary
Journal of Modern Science.
–
2022.
–
Т. 6. –
С.
469-473.
20.
Toyirov A. T. ATTRACTION OF HUMAN RIGHTS
IN WTO: TRADE-RESTRICTIVE MEASURES TO
PROTECT
HUMAN
RIGHTS
//Oriental
renaissance: Innovative, educational, natural
and social sciences.
–
2023.
–
Т. 3. –
№. 1. –
С.
779-783.
