Abstract
This chapter links sociology and international law to analyze the many urgent needs of the highly vulnerable unaccompanied asylum-seeking child. The content examines the necessity for interventions that protect and provide access to justice during displacement across borders and immigration detention. Congruently, the text addresses a child caught-up in conflict, post-conflict societies and aligns an international legal framework. The author avers the framework has the capacity to close gaps of protection in societies meeting the characteristics of Dahrendorf’s Social Conflict Theory in countries that have not ratified the Refugee or Stateless Conventions. By engaging the codified International Law Commission’s (ILC) Responsibility of States for International Wrongful Acts (2001) (ARWISA), the text seeks to determine whether a states’ actions and omissions meet the threshold of a material breach of its international treaty obligations and customary international law. Employing the ARWISA, targeted articles, the chapter investigates the unaccompanied-asylum seeking children in four border hot-spot case studies: the Australia/Oceania subregions, Bangladesh/Myanmar to the ASEAN Charter states, the Republic of Côte d’Ivoire/the Ivory Coast of Africa, and the USA and Mexico border. The chapter posits that when practitioners and advocates coalesce the 1989 Convention on the Rights of the Child (CRC), the Optional Protocol against child prostitution, the CRC General Comments, the Palermo Trafficking Protocol, and its supplement, the Convention against Transnational Organized Crime, collectively, the instruments formulate a systemic, sustainable, and universal legal protection framework to address the societal actions that incite the inevitable detention, exploitation, and trafficking of the asylum-seeking child.
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Notes
- 1.
In ECtHR, Siliadin v France, Application no. 73316/01, Judgment 26 July 2005, the punishment consisting of a fine for breach of Article 4 was considered to give insufficient support against such violations: “the member States’ positive obligations under Article 4 of the Convention must be seen as requiring the penalisation and effective prosecution of any act aimed at maintaining a person in such a situation” (margin no. 112). The Court also criticised the imprecise language of the legislation which gave scope for varying interpretation and application. The ECtHR found that the criminal law failed to give the minor applicant in the case practical and effective protection against the treatment she had been subjected to and called for “greater firmness” due to increasingly high standards that are required regarding protection (margin nos. 143–144, 147–148). Other important cases under Article 4 are Rantsev v Cyprus and Russia, Application no. 25965/04, Judgment 7 January 2010, margin no. 282; C N v United Kingdom App no. 4239/08, Judgment 13 November 2012; C N and V v France App no. 67724/09, Judgment 11 October 2012.
- 2.
UN General Assembly, Convention Relating to the Status of Refugees, 28 July 1951, United Nations, Treaty Series, vol. 189, p. 137, adopted by the General Assembly of the UN on 14 Dec 1950, entry into force 22 April 1954; UN General Assembly Protocol Relating to the Status of Refugees.
- 3.
UN General Assembly, Protocol Relating to the Status of Refugees, 31 January 1967, United Nations, Treaty Series, vol. 606, p. 267, entry into force 4 October 1967.
- 4.
UN General Assembly, Convention Relating to the Status of Stateless Persons, 28 September 1954, United Nations, Treaty Series, vol. 360, p. 117, adopted on 28 September 1954, entry into force 6 June 1960.
- 5.
UN General Assembly, Convention on the Reduction of Statelessness, 30 August 1961, United Nations, Treaty Series, vol. 989, p. 175, adopted on 30 August 1961 by a conference of plenipotentiaries which met in 1959 and reconvened in 1961 in pursuance of General Assembly resolution 896 (IX) of 4 December 1954. Entry into force 13 December 1975, in accordance with article 18.
- 6.
CRC Committee, General comment 6: Treatment of Unaccompanied and Separated Children Outside their Country of Origin paras 69–70.
- 7.
Text adopted by the Commission at its fifty-third session, in 2001, and submitted to the General Assembly as a part of the Commission’s report covering the work of that session. International Law Commission, 2001, vol. II (Part Two). Text reproduced as it appears in the annex to General Assembly resolution 56/83 of 12 December 2001 and corrected by document A/56/49(Vol. I)/Corr.4.
- 8.
Adverse childhood experiences (ACE) are described as exposure to and victimization of physical abuse, sexual abuse, and familial violence.
- 9.
United Nations, Statute of the International Court of Justice, 18 April 1946; Set up in 1945 under the Charter of the United Nations to be the principal judicial organ of the Organization, and its basic instrument, the Statute of the Court, forms an integral part of the Charter (Chap. XIV). By signing the Charter, a Member State of the United Nations undertakes to comply with the decision of the Court in any case to which it is a party. Since, furthermore, a case can only be submitted to the Court and decided by it if the parties have in one way or another consented to its jurisdiction over the case, it is rare for a decision not to be implemented. A State which considers that the other side has failed to perform the obligations incumbent upon it under a judgment rendered by the Court may bring the matter before the Security Council, which is empowered to recommend or decide upon measures to be taken to give effect to the judgment.
- 10.
Barcelona Traction, Light & Power Co., Ltd. (Belg. v Spain), Second Phase, 1970 ICJ Rep. 3, 32, para. 33 (Feb 5).
- 11.
Obligations in whose fulfilment all states have a legal interest because their subject matter is of importance to the international community as a whole. It follows from this that the breach of such an obligation is of concern not only to the victimized state but also to all the other members of the international community. Thus, in the event of a breach of these obligations, every state must be considered justified in invoking (probably through judicial channels) the responsibility of the guilty state committing the internationally wrongful act, Dictionary of (Oxford University Press 2007).
- 12.
South West Africa cases (Eth. v S.Afr.; Liber.v.s.Afr.), Second Phase, 1966 ICJ Rep. 6 (July 18) hereinafter, South West Africa). In the earlier Judgment on the Preliminary Objections, the Court found that it had jurisdiction because both Ethiopia and Liberia were former members of the League of Nations and thus could bring a claim against South Africa to enforce the obligations of the mandate. South West Africa cases (eth.v.S.Afr.; Liber.v.S.Afr.), Preliminary Objections, 1962 ICJ Rep. 319 (Dec 21). But at the merits phase, the Court found an insufficient legal interest.
- 13.
Concerning Military and Paramilitary Activities In and Against Nicaragua (Nicaragua v United States of America); Merits, 27 June 1986; LaGrand Case (Ger. v US), Merits (Int’l Ct. Justice June 27, 2001), 40 ILM 1069 (2001); In LaGrand, the ICJ found that the Vienna Convention on Consular Relations, in Article 36, created individual rights, which Germany as the national state of the detained person could raise as a diplomatic protection claim before the Court. Germany further claimed that the right of individuals to be informed of their rights without delay was an individual human right, but the court noted that since it had found that the USA had violated the rights of the LaGrand brothers under Article 36, para 1 of the Convention, it did not need to consider the additional argument. Para. 78
- 14.
Gabčikovo-Nagymaros Project, Hungary v Slovakia, Judgment, Merits, ICJ GL No 92, [1997] ICJ Rep 7, [1997] ICJ Rep 88, (1998) 37 ILM 162, ICGJ 66 (ICJ 1997), 25th September 1997, International Court of Justice [ICJ].
- 15.
Judgment of 25 September 1997, ICJ Reports 1997, p. 7, at pp. 17–18, para. 47.
- 16.
In Gutierrez and Family v Argentina, the Inter-American Court of Human Rights, Judgment, 25 November 2013, para 78, note 163.
- 17.
Article 3, State Responsibility Articles; Gutierrez and Family v Argentina, ICSID Case No. ARB/06/3, Award, 6 May 2013, para 174, note 299.
- 18.
State Responsibility Articles, Article 3; The Rompetrol Group N.V. v Romania, ICSID Case No. ARB/06/3, Award, 6 May 2013, para 174, note 299.
- 19.
State Responsibility Articles, 3, characterization of an act of a State as internationally wrongful.
- 20.
Lex specialis, in legal theory and practice, is a doctrine relating to the interpretation of laws and can apply in both domestic and international law contexts. The doctrine states that if two laws govern the same factual situation, a law governing a specific subject matter (lex specialis) overrides a law governing only general matters (lex generalis).
- 21.
A final consideration in this abstract ‘consideration of international legal personality is that it is not plenary—in other words, even if international legal personality is found to exist, that does not conclude the inquiry of what powers such an entity may in fact exercise. In the Reparations case, the ICJ noted that: The Court has concluded that the Organization is an international person. That is not the same thing as saying that it is a State, which it certainly is not, or that its legal personality and rights and duties are the same as those of a State. Still less is it the same thing as saying that it is “a super-State”, whatever that expression may mean…’; ‘Whereas a State possesses the totality of international rights and duties recognized by international law, the rights and duties of an entity such as the Organization must depend upon its purposes and functions as specified or implied in its constituent documents and developed in practice’.
- 22.
Article 78, “United Nations nationals” means individuals who are nationals of any of the United Nations, or corporations or associations organised under the laws of any of the United Nations, at the coming into force of the present Treaty, provided that the said individuals, corporations or associations also had this status on September 3, 1943, the date of the Armistice with Italy. The term “United Nations nationals” also includes all individuals, corporations or associations which, under the laws in force in Italy during the war, have been treated as enemy.
- 23.
Canada: Immigration and Refugee Board of Canada, Hungary: Paris Peace Treaty 1947, 30 May 1989
- 24.
Interpretation of the Agreement of 25 March 1951 Between the WHO and Egypt, Advisory Opinion, 1980 I.C.J. Rep. 73, 89–90 (Dec. 20) [hereinafter WHO-Egypt Advisory Opinion].
- 25.
WHO-Egypt Advisory Opinion, para 37.
- 26.
Reparations for Injuries Suffered in the Service of the United Nations, ICJ Reports 1949, 174, 179.
- 27.
Ibid.
- 28.
The concept of the “child’s best interests” is not new. Indeed, it pre-dates the Convention and was already enshrined in the 1959 Declaration of the Rights of the Child (para 2), the Convention on the Elimination of All Forms of Discrimination against Women (arts. 5 (b) and 16, para 1 (d)), as well as in regional instruments and many national and international laws.
- 29.
United Nations High Commissioner for Human Rights, Recommended Principles and Guidelines on Human Rights and Human Trafficking, delivered to the Economic and Social Council, UN Doc 3/2002/68/Add.1, May 20, 2002 [hereinafter UN Trafficking Principles and Guidelines].
- 30.
The 2004 Declaration was preceded by: ASEAN, ASEAN Declaration on Transnational Crime; ASEAN, ASEAN Plan of Action to Combat Transnational Crime, endorsed by the second ASEAN Ministerial Meeting on Transnational Crime (AMMTC), Yangon, Myanmar, 23 June 1999.
- 31.
Ibid.
- 32.
UNCRC, General Comment 23, human rights of children in the context of international migration in countries of origin, transit, destination, and return (2017).
- 33.
UN General Assembly, Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention against Transnational Organized Crime, 15 November 2000, Article 3.
- 34.
Article 9(4), Palermo Trafficking Protocol, ‘a position of vulnerability’; Article 3, CRC, ‘children in vulnerable situations’; CRC, General Comment 14 adds further clarity to member States as it explains that a child in a specific situation of vulnerability.
- 35.
CRC, General Comment 14 adds further clarity to member States as it explains that a child in a specific situation of vulnerability.
- 36.
The United Nations Action for Cooperation against Trafficking in Persons (UN-ACT) and Mahidol University in Bangkok co-organized the International Seminar on Mixed Migration in Southeast and East Asia, 21–22 June 2017.
- 37.
Burma was a founding signatory to the Coordinated Mekong Ministerial Initiative against Trafficking (COMMIT) Process. In October 2004, to the surprise of some UN officials, Burma was proud to host the initial meeting of the COMMIT in Rangoon. Senior Government ministers from the six countries of the Mekong sub-region signed a memorandum of understanding on cooperation and joint action against trafficking in persons in the sub-region.
- 38.
The Greater Mekong Sub-region (GMS) countries—China, Cambodia, Laos, Myanmar, Thailand, and Vietnam—have launched a collective initiative known as Coordinated Mekong Ministerial Initiative Against Trafficking (COMMIT) to tackle the menace of human trafficking in that region.
- 39.
Director General of the Judicial Administration System Department, Ministry of Justice, ‘The Australian Federal Police, presented a case study on a successful operation that led to the arrest of 184 child sex offenders who used technology to access their victims’; “Offenders were arrested in the United Kingdom, the United States, New Zealand, Australia, and Thailand,” said a Liaison Officer of the Australian Federal Police. “The three-year joint operation with other law enforcement agencies identified many other members of a website who had a sexual interest in young boys.”
- 40.
Measured by the Composite Organized Crime Index (COCI, 2008) 162–167; the organized crime perception index referring to the year 2013 of the World Economic Forum, Schwab 2013.
- 41.
According to Burmese officials, there were 155 trafficking cases in 2009, including for forced marriage, forced prostitution, forced labor, and child trafficking. These cases all involved cross-border, as opposed to domestic, trafficking. Of these, the highest numbers (85) were for forced marriage.
- 42.
An analysis of a total 641 trafficking cases between 1 January 2006 and 31 December 2010 shows that 69.7% were for forced marriage, and China was the destination country in 80% of cases (Union of Myanmar, Ministry of Home Affairs, Central Body for Suppression of Trafficking in Persons (n.d.): 45–46).
- 43.
The United Nations Inter-Agency Project on Human Trafficking in the Greater-Mekong Sub-region (UNIAP) was established in 2000 to allow UN agencies to promote a coordinated approach and response to trafficking with stakeholders involved in fighting it, supported by improved information on the subject and the efficacy of responses. Phase I (2000–2003) promoted critical analysis, built linkages between agencies, and supported small-scale pilot initiatives to address emerging issues. Phase II (2003–2006), originally seen as a consolidation phase, supported the development of a sub-regional Memorandum of Understanding (MoU) between the governments of the six Greater Mekong Subregion (GMS) states (Cambodia, China, Lao PDR, Myanmar, Thailand and Vietnam), accompanied by a Sub-regional Plan of Action (SPA I) to operationalize the agreement. This process, known as the Coordinated Mekong Ministerial Initiative against Trafficking (COMMIT, to which UNIAP functions as the Secretariat), provides a sub-regional institutional framework for counter-trafficking initiatives. Phase III (originally for the period of January 2007 to November 2009) aims to further consolidate and institutionalize existing initiatives, complemented by a—research and development‖ role.
- 44.
Report of the Detailed Findings of the Independent International Fact-Finding Mission on Myanmar, UN Doc. A/HRC/39/CRP.2,17 September 2018.
- 45.
The United Nations Independent International Fact-Finding Mission on Myanmar, HRC resolution 34/22, 22 October 2019.
- 46.
Application of the Convention on the Prevention and Punishment of the Crime of Genocide (The Gambia v. Myanmar), 23 January 2020; On 11 November 2019, the Republic of The Gambia (“The Gambia”) filed in the Registry of the Court an Application instituting proceedings against the Republic of the Union of Myanmar (“Myanmar”) concerning alleged violations of the Convention on the Prevention and Punishment of the Crime of Genocide (“Genocide Convention” or “Convention”). In its Application, The Gambia argues in particular that Myanmar has committed and continues to commit genocidal acts against members of the Rohingya group, which it describes as a “distinct ethnic, racial and religious group that resides primarily in Myanmar’s Rakhine State”. The Application contained a Request for the indication of provisional measures, seeking to preserve, pending the Court’s final decision in the case, the rights of the Rohingya group in Myanmar, of its members and of The Gambia under the Genocide Convention.
- 47.
The International Court of Justice (ICJ) is the principal judicial organ of the United Nations. It was established by the United Nations Charter in June 1945 and began its activities in April 1946. The Court is composed of 15 judges elected for a nine-year term by the General Assembly and the Security Council of the United Nations. The seat of the Court is at the Peace Palace in The Hague (Netherlands). The Court has a twofold role: first, to settle, in accordance with international law, legal disputes submitted to it by States (its judgments have binding force and are without appeal for the parties concerned); and, second, to give advisory opinions on legal questions referred to it by duly authorized United Nations organs and agencies of the system.
- 48.
CRC, General Comment 14 adds further clarity to member States as it explains that a child in a specific situation of vulnerability.
- 49.
Sexual violence includes but is not limited to rape. Although there is no agreed upon definition of sexual violence, commonly applied ones encompass any act of a sexual nature or attempt to obtain a sexual act carried out through coercion. Sexual violence also includes physical and psychological violence directed at a person’s sexuality, including unwanted comments or advances, or acts of traffic such as forced prostitution or sexual violence; Article 58, Rome Statute, Duties and powers of the Prosecutor with respect to investigations states, ‘Take appropriate measures to ensure the effective investigation and prosecution of crimes within the jurisdiction of the Court, and in doing so, respect the interests and personal circumstances of victims and witnesses…’ including age, gender as defined in article 7, paragraph 3, and health, and take into account the nature of the crime, in particular where it involves sexual violence, gender violence or violence against children.
- 50.
While immigration means the movement of people to a country, emigration means the movement of people from a country. Moreover, emigration has derived from the Latin emigrare which means to move.
- 51.
CRC Committee, General Comment 6 (2005): Treatment of Unaccompanied and Separated Children outside their country of Origin (2005), CRC/GC/2006/6, para. 79.
- 52.
‘Timberand diamonds played a central role in funding the conflict in Liberia, as documented in Global Witness reports Taylor Made, September 2001, and The Usual Suspects, March 2003’; The information in this report is based on in-depth field investigations conducted in Côte d’Ivoire, Burkina Faso and Togo in June and July 2006. Global Witness staff interviewed a wide range of sources in Abidjan in the government-controlled zone; in Bouaké and Korhogo in the FN-controlled zone; in Bobo-Dioulasso in neighbouring Burkina Faso, and in Lomé, the capital of Togo. Those interviewed included cocoa sector officials, cocoa exporters, government officials, diplomats, academics, members of non-governmental organisations and journalists. Further research was carried out in France and from the United Kingdom in 2006.
- 53.
Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, adopted and opened for signature, ratification and accession by ‘; General assembly resolution A/RES/54/263 of 25 May 2000, entered into force on 18 January 2002.
- 54.
UN General Assembly, United Nations Convention against Transnational Organized Crime: resolution/adopted by the General Assembly, 8 January 2001, A/RES/55/25, Adopted without vote, 62nd plenary meeting; Issued in GAOR, 55th sess., Suppl. no. 49. “Annex I: United Nations Convention against Transnational Organized Crime”: p. 4–31. “Annex II: Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime”: p. 31–39. “Annex III: Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime”: p. 40–51.
- 55.
The CLEP defined legal empowerment as “a process of systemic change through which the poor and excluded become able to use the law, the legal system, and legal services to protect and advance their rights and interests as citizens and economic actors.” For the CLEP, legal empowerment has “four pillars”: access to justice and the rule of law, which are “the fundamental and enabling framework”; The Commission on Legal Empowerment of the Poor, Making the Law Work for Everyone, Vol. 1 (New York: UNDP, 2008); “The commission emphasized that legal empowerment is a process that serves two end goals—protection and opportunity: ‘protecting poor people from injustice – such as wrongful eviction, expropriation, extortion, and exploitation—and offering them equal opportunity to access local, national, and international markets’.
- 56.
Research as part of this project found that in only 20 countries have courts cited the CRC sufficiently whether it is to directly enforce one of the rights contained in the Convention or to use its text as interpretive guidance to amount to an established jurisprudence on the Convention. Amongst these 20 countries, the CRC can be directly enforced in 12 either in full (Argentina, Bolivia, Guatemala, Latvia, Luxembourg, Poland) or in part (Belgium, Finland, France, Kenya, Netherlands, United Kingdom, (England and Wales), and eight cite it as an interpretative tool only (Australia, Canada, India, Israel, New Zealand, South Africa, United Kingdom, (Northern Ireland and Scotland), in half of all countries (97), the CRC has been cited in a domestic court, though not frequently enough to establish jurisprudence on the Convention. There is no evidence of the CRC’s citation in about 40 percent of countries (80), reportedly because of a lack of awareness, or of a reluctance to use international law. However, court judgments in certain countries are not available to the public, which limits this research.
- 57.
The text of the document, as published by the International Save the Children Union in Geneva on 23 February 1923, is as follows: (1) The child must be given the means requisite for its normal development, both materially and spiritually, (2) The child that is hungry must be fed, the child that is sick must be nursed, the child that is backward must be helped, the delinquent child must be reclaimed, and the orphan and the waif must be sheltered and succoured, (3) The child must be the first to receive relief in times of distress, (4) The child must be put in a position to earn a livelihood, and must be protected against every form of exploitation, (5) The child must be brought up in the consciousness that its talents must be devoted to the service of its fellow men. The text was endorsed by the League of Nations General Assembly on 26 November 1924 as the World Child Welfare Charter and was the first human rights document approved by an inter-governmental institution; It was reaffirmed by the League in 1934. Heads of State and Government pledged to incorporate its principles in domestic legislation. In France, it was ordered to be displayed in every school.
- 58.
The Geneva Declaration of the Rights of the Child adopted by the League of Nations in 1924.
- 59.
CRC, Article 1.
- 60.
According to Article 16(2) of the Convention on the Elimination of All Forms of Discrimination against Women, “the betrothal and the marriage of a child [under the age of 18] shall have no legal effect, and all necessary action, including legislation, shall be taken to specify a minimum age for marriage and to make the registration of marriages in an official registry compulsory.”
- 61.
Article 24 (3), UN Convention on the Rights of the Child (1989).
- 62.
CRC Committee; The CRC Committee elaborates its general comments with a view to clarifying the normative contents of specific rights provided for under the Convention on the Rights of the Child or particular themes of relevance to the Convention, as well as offer guidance about practical measures of implementation. General comments provide interpretation and analysis of specific articles of the CRC or deal with thematic issues related to the rights of the child. General comments constitute an authoritative interpretation as to what is expected of States parties as they implement the obligations contained in the CRC.
- 63.
CRC Committee, General comment 6: Treatment of Unaccompanied and Separated Children Outside their Country of origin para. 74.
- 64.
CRC, Article 32.
- 65.
Palermo Trafficking Protocol, Article 9(4).
- 66.
OHCR (2010).
- 67.
VCLT, Article 31 addresses the VCLT’s general rules of treaty interpretation: ‘1. a treaty shall be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of its object and purpose’.
- 68.
United Nations Global Plan of Action to Combat Trafficking in Persons. UN Doc. A/RES/64/293 (12 August 2010), preambular para 3; UNCRC, General comment 13, right of the child to freedom from all forms of violence (2011).
- 69.
CRC, General Comment 14 adds further clarity to member States as it explains that a child in a specific situation of vulnerability.
- 70.
‘Forced displacement, following the Asian Tsunami of December 26, 2004 and the tragedies of Haiti, many stories of child trafficking were reported. The Thailand Tsunami made an estimated 35,000 children lost one of their parents, thus vulnerable to trafficking’. ‘Even prior to Tsunami, the Southeast Asian region, and the so-called Mekong Delta was known as a hotbed of human trafficking. Indo-China grabbed the media attention as a source of trafficked women and children for not only neighboring countries but also as far as Europe and North America’.
- 71.
General comments provide interpretation and analysis of specific articles of the CRC or deal with thematic issues related to the rights of the child. General comments constitute an authoritative interpretation as to what is expected of States parties as they implement the obligations contained in the CRC.
- 72.
UN General Assembly, Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict, 25 May 2000, adopted and opened for signature, ratification and accession by General Assembly resolution A/RES/54/263 of 25 May 2000.
- 73.
UN General Assembly, Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography, 16 March 2001, A/RES/54/263, adopted and opened for signature, ratification and accession by General Assembly resolution A/RES/54/263 of 25 May 2000.
- 74.
UN Human Rights Council, Optional Protocol to the Convention on the Rights of the Child on a Communications Procedure: resolution/adopted by the Human Rights Council, 14 July 2011, A/HRC/RES/17/18, without a vote.
- 75.
CRC Committee, GC 15 (2013) on the right of the child to the enjoyment of the highest attainable standard of health (art 24) (17 April 2013) CRC/C/GC/15 para 8.
- 76.
I.A.M. (on behalf of K.Y.M.) v Denmark , communication No. 3/2016, CRC/C/77/D/3/2016, UN Committee on the Rights of the Child (CRC), 25 January 2018; deportation of girl to Somalia, where she would face an alleged risk of being forced to endure FGM.
- 77.
CRC Committee, GC 13 (2011): The right of the child to freedom from all forms of violence (18 April 2011) CRC/C/GC/13 para 53.
- 78.
CRC Committee, GC 10 (2016) on public budgeting for the realization of children’s rights (art 4) (20 July 2016) CRC/C/GC/19 para 42.
- 79.
Article 3 provides: ‘(1) In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration; (2) States Parties undertake to ensure the child such protection and care as is necessary for his or her well-being, taking into account the rights and duties of his or her parents, legal guardians, or other individuals legally responsible for him or her, and, to this end, shall take all appropriate legislative and administrative measures; (3) States Parties shall ensure that the institutions, services and facilities responsible for the care or protection of children shall conform with the standards established by competent authorities, particularly in the areas of safety, health, in the number and suitability of their staff, as well as competent supervision.’
- 80.
UNCRC, General Comment No 14 on the Right of the Child to Have His or Her Best Interests Taken as a Primary Consideration (art 3, para 1), 62nd session, UN Doc CRC/C/GC/14 (2013) (‘General Comment No 14’) [76].
- 81.
Case of Ramfrez Escobar and Others v Guatemala (Inter-American Court of Human Rights (IACtHR)) 2018, para 313 (translated from Spanish to English).
- 82.
Committee on the Rights of the Child (CRC Committee), Revised Guidelines Regarding Initial Reports to be Submitted by States Parties Under Article 12, para 1, Of The Optional Protocol on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (3 November 2006), Annex.
- 83.
Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography, requires parties to prohibit the sale of children, child prostitution and child pornography; it entered into force on 18 January 2002.
- 84.
OPSC.
- 85.
Terminology Guidelines for the Protection of Children from Sexual Exploitation and Sexual Abuse adopted by the Interagency Working Group in Luxembourg, 28 January 2016.
- 86.
Ibid.
- 87.
United Nations, Statute of the International Court of Justice, 18 April 1946; Set up in 1945 under the Charter of the United Nations to be the principal judicial organ of the Organization, and its basic instrument, the Statute of the Court, forms an integral part of the Charter (Chap. XIV). By signing the Charter, a Member State of the United Nations undertakes to comply with the decision of the Court in any case to which it is a party. Since, furthermore, a case can only be submitted to the Court and decided by it if the parties have in one way or another consented to its jurisdiction over the case, it is rare for a decision not to be implemented. A State which considers that the other side has failed to perform the obligations incumbent upon it under a judgment rendered by the Court may bring the matter before the Security Council, which is empowered to recommend or decide upon measures to be taken to give effect to the judgment.
- 88.
Other important cases under Article 4 are Rantsev v. Cyprus and Russia, Application no. 25965/04, Judgment 7 January 2010, margin no. 282; C N v United Kingdom App no 4239/08, Judgment 13 November 2012; C N and V v France App no 67724/09, Judgment 11 October 2012.
- 89.
Ibid, 4, 29.
- 90.
Ibid, para 62.
- 91.
ILC, ARSIWA, Article 2.
- 92.
Articles on the Responsibility of International Organizations, with commentaries 2001.
- 93.
The articles are concerned only with the responsibility of States for internationally wrongful conduct, leaving to one side issues of the responsibility of international organizations or of other non-State entities (see articles 57, 58).
- 94.
International Law Commission (ILC) Articles on Responsibility of States for Internationally Wrongful Acts (ARSIWA) (2001), ILC Yearbook 2001, Vol. II, Part 2. Commentaries, General Commentary, para 1; International law is the set of rules generally regarded and accepted as binding in relations between states and between nations. It serves as a framework for the practice of stable and organized international relations. International law differs from state-based legal systems in that it is primarily applicable to countries rather than to private citizens; Within the latitude of this research the ASEAN Charter has an integral role in the domestic implementation of treaty obligations in the region. As such, discussion of international legal personalities is included in Chap. 4 and weaved in with analysis of the four-state jurisdictions.
References
Abramson, B. (2017). Article 2: Non-discrimination 7 and 66 (A commentary on the United Nations convention on the rights of the child). Martinus Nijhoff Publishers, pp 64–65.
Adams, B. N., & Sydie, R. A. (2001). Sociological theory. Thousand Oaks, CA.
Adler, N. (1991). International dimensions of organizational behaviour. PWS-KENT Publishing Company. Boston.
Agger, B. (1991). Critical theory, poststructuralism, postmodernism: Their sociological relevance. Annual Review of Sociology, https://doi.org/10.1146/annurev.so.17.080191.000541
Ahmed, A. F., & Ahmed, S. (2007). History and heritage: Reflections on society politics and culture of South Asia. The University Press Limited.
Ahsan, A., et al. (2014). International migration and development in East Asia and the Pacific. Washington, DC: World Bank.
Amnesty International and Human Rights Watch. (2016). Annual report. Retrieved from Amnesty International Annual Report 2015/2016|Amnesty International
ASEAN. (2007). Declaration on the protection and promotion of the rights of migrant worker. Accessed February 7, 2019, from http://www.aseansec.org/19264.htm
ASEAN Intergovernmental Commission on Human Rights. (2019). Terms of reference. Accessed February 7, 2019, from http://aichr.org/documents/
Asylum Aid. (2009). Women’s asylum news, June 2009, 24 June 2009, Issue No 84. Accessed July 20, 2019, from https://www.refworld.org/docid/4a42320b2.html
Bartos, O. J., & Wehr, P. (2002). Using conflict theory. Cambridge: Cambridge University Press.
Bernard, C., & Cupta, A. (2006). Black African children and the child protection system. British Journal of Social Work, 38(3), 476–392.
Boyden, J. (1990). Childhood and the policymakers. In J. James & A. Prout (Eds.), Constructing and reconstructing childhood (pp. 184–215). London: Falmer Press.
Burchill, J. (2011). Safeguarding vulnerable families: Work with refugees and asylum seekers. The Journal of the Community Practitioners’ & Health Visitors’ Community practitioner: The Journal of the Community Practitioners’ & Health Visitors’ Association, 84(2), 23–26.
Byrne, I. (1998). The human rights of street and working children. London: Intermediate Technology Publications.
Canada: Immigration and Refugee Board of Canada. (1989). Hungary: Paris Peace Treaty 1947, 30 May 1989.
Cantwell, N. (1992). The origins, development and significance of the United Nations convention on the rights of the child. In S. Detrick (Ed.), The United Nations convention on the rights of the child: A guide to the travaux préparatoires (pp. 19–30). Dordrecht: Martinus Nijhoff Publishers.
Carr, H., & Goosey, D. (2019). Law for social workers (15th ed.). Oxford: Oxford University Press.
Child Labor Cocoa Coordinating Group. (2016). Annual report. Washington, DC. Accessed March 4, 2020, from https://www.dol.gov/sites/default/files/documents/ilab/CLCCG%202016%20Annual%20Report.pdf
Collins, R. (1974). Conflict sociology. London: Academic Press.
Collins, R. (1990). Conflict theory and the advance of macro-historical sociology. In G. Ritzer (Ed.), Frontiers of social theory (pp. 68–87). New York: Columbia University Press.
Compositive Organized Crime Index (COCI). (2008). Organized crime index. Retrieved from download our database and reports about Criminality in Africa – The Organized Crime Index. ENACT (ocindex.net)
Coser, L. (1964). The functions of social conflict: An examination of the concept of social conflict and its use in empirical sociological research. Tampa: Free Press.
Coser, L., et al. (1957) Conflict and critical theories. In Theory cumulation and schools of thought (1st ed.). Accessed March 27, 2019, from http://www.corwin.com/upm-data/13636_Chapter7.pdf
Côte d’Ivoire. (2009). Migration. In Côte d’Ivoire: 2009 National Profile. ISBN: 978-92-9068-559-3. Accessed December 12, 2019, from http://www.iomdakar.org/profiles/content/migration-profiles-cote-divoire
CRIN. (2020). CRIN Court Cases. Accessed January 2019, from https://home.crin.org/site-search
Dahrendorf, R. (1958). Toward a theory of social conflict. The Journal of Conflict Resolution, June 1958, 170–183. Accessed January 3, 2020, from http://links.jstor.org/sici?sici=0022-0027%28195806%292%3A2%3C170%3ATATOSC%3E2.0.CO%3B2-5
Dahrendorf, R. (2007). The modern social conflict: The politics of liberty (2nd ed.). New Jersey: Transaction Publishers.
Demmers, J. (2012). Theories of violent conflict: An introduction. Abingdon: Routledge.
Dijk, V. (2008). Measured by the composite organized crime index. COCI, pp 162–167.
Evers, H. D. (1973). Modernization in Southeast Asia. Singapore: Institute of Southeast Asian Studies, Oxford University Press.
Evers, H. D. (1980). Sociology of Southeast Asia: Readings on social change and development. Kuala Lumpur: Oxford University Press.
Evers, H. D., & Chen, P. (Eds.). (1978). Studies in ASEAN sociology: Urban society and social change. Singapore: Chopmen Enterprises.
Compositive Organized Crime Index (COCI). (2008). Organized crime index. Retrieved from download our database and reports about Criminality in Africa – The Organized Crime Index. ENACT (ocindex.net)
Global March Against Child Labour. (2013). Child Labour in Cocoa Farming in Côte d’Ivoire: Report of the Scoping Mission Conducted by Global March Against Child Labour. New Delhi January–February 2013. http://globalmarch.org/images/CHILD-LABOUR-IN-COCOA-FARMING-IN-COTE-D’IVOIRE.pdf; U.S. Accessed 20 December 2019.
Global Witness. (2007). Hot chocolate: How Cocoa Fuelled the Conflict in Côte D’ivoire a Report By Global Witness, June 2007. Accessed December 23, 2019, from https://reliefweb.int/sites/reliefweb.int/files/resources/48050E1867F9D922492572F4000D7B8A-Full_Report.pdf
Greenpeace. (2014). Slavery and labour abuse in the fishing sector. Accessed December 19, 2019, from https://www.greenpeace.org/.../2014/Slavery-andLabour-Abuse-in-the-Fishing-Sector.pdf
Hague Process on Refugees and Migration. (2008). People on the Move: Handbook of selected terms and concepts. The Hague/Paris: UNESCO Section on International Migration and Multicultural Policies, 29. Accessed January 2, 2019, from http://thp.merit.unu.edu/migration_policy/
Hastie, B. (2012). By any means necessary: Towards a comprehensive definition of coercion to address forced labour in human trafficking legislation. Order No. MR84192, McGill University, Canada. ProQuest Dissertations and Theses, 101, pp. 7–40.
Hayes, D., & Humphries, D. (2004). Social work, immigration and asylum: Debates, dilemmas and ethical issues for social work and social care practice. London: Jessica Kingsley Publishers.
Henckaerts, J. M., & Beck, L. D. (2005). Customary International Humanitarian Law. International Committee of the Red Cross Vol I & II.
Human Rights Watch. (2012). World report 2012: Burma. Accessed December 1, 2019, from https://www.hrw.org/world-report/2012/country-chapters/burma.pdf
Human Rights Watch. (2019). We are not human. Accessed December 21, 2019, from https://www.hrw.org/report/2019/12/03/are-we-not-human/denial-education-rohingya-refugee-children-bangladesh
Human Rights Watch. (2017). World report 2017 (Human Rights Watch). Retrieved from https://www.hrw.org/sites/default/files/world_report_download/wr2017-web.pdf
IASSW (International Association of Social Work). (2018). Global social work statement of ethical principles. Accessed December 3, 2018, from http://www.iassw-aiets.org/wp-content/uploads/2018/04/Global-Social-Work-Statement-of-Ethical-Principles-IASSW-27-April-2018-1.pdf
ICJ Verbatim Transcript. (12 December 2019). Application of the convention on the prevention and punishment of the crime of genocide (The Gambia v. Myanmar). Accessed February 2, 2020, from https://www.icj-cij.org/files/case-related/178/178-20191212-PRE-01-00-EN.pdf. and https://www.icj-cij.org/en/case/178. Myanmar Rebuts Rohingya claims. Accessed March 24, 2019, from https://www.rfa.org/english/news/myanmar/myanmar-rejects-evidence-presented-in-un-report-on-mass-sexual-violence-against-rohingya-04182018172101.html
ICRC. (2016). Restoring Family Link. Accessed March 24, 2019, from https://familylinks.icrc.org/en/Pages/Forms/DispForm.aspx?ID=1517
ICRC. (2019). Customary IHL database. Accessed March 24, 2019, from http://www.icrc.org/customaryihl/eng/docs/home
ICRC. (2020). Customary IHL Database. Accessed October 2, 2019, from http://www.icrc.org/customaryihl/eng/docs/home
IFSW (International Federation of Social Workers). (2014). Global Definition of Social Work. Accessed March 24, 2019, from http://www.ifsw.org/what-is-social-work/global-definition-of-social-work
ILO. (2019). Asia-Pacific migration network, ILO regional office for Asia and the Pacific. Accessed April 11, 2019, from http://apmigration.ilo.org/asean-labour-migration-statistics
International Law Commission, Draft Articles on Responsibility of States for International Wrongful Acts. (2001, November). Supplement no 10 (A/56/10), chp.IV.E.1, adopted by the International Law Commission at its fifty-third session (2001).International Law Commission, Draft Articles on Responsibility of States for International Wrongful Acts. (2001, November). Supplement no 10 (A/56/10), chp.IV.E.1, adopted by the International Law Commission at its fifty-third session (2001).
IOM. (2008). Situation report on international migration in East and Southeast Asia: Regional thematic working group on international migration including human trafficking. Bangkok, p 199.
IOM. (2017). UN Migration. UN migration director general warns of increasing reports of violent sexual assaults against Rohingya. Accessed December 2017, from https://www.iom.int/news/un-migration-director-general-warns-increasing-reports-violent-sexual-assaults-against-rohingya
IOM. (2018). Global compact for safe, orderly, and regular migration. A/RES/73/195 20, Resolution adopted by the General Assembly on 19 December 2018 para. 15. Accessed March 22, 2019, from https://www.un.org/en/ga/search/view_doc.asp?symbol=A/RES/73/195
IOM. (2020, August). Bangladesh, Rohingya humanitarian crisis response. Retrieved from Bangladesh, Rohingya Humanitarian crisis response. International Organization for Migration (iom.int).
Isoyama, K. (2019). Law education in Japan, Developments and challenges. International Journal of Public Education, 3:1.96 p 116.
Jeremiah, R., et al. (2017). Exposing the culture of silence: Inhibiting factors in the prevention, treatment, and mitigation of sexual abuse in the Eastern Caribbean. Child Abuse & Neglect, 66, 53–63.
Jia, G., et al. (2011). A study of mega project from a perspective of social conflict theory 29. International Journal of Project Management 817, 827. https://doi.org/10.1016/j.ijproman.2011.04.004. Accessed 3 January 2019.
Jones, L. (2010). ASEAN’s unchanged melody? The theory and practice of ‘non-interference’. The Pacific Review, 23(4), 479–502. https://doi.org/10.1080/09512748.2010.495996. Accessed 23 April 2019.
Just Security. (2020). Behind Myanmar’s military alibi: A path to compliance with the ICJs Order to Protect Rohingya. Reiss Security on Law and Security at New York University School of Law 2020. Accessed Feb 5, 2020, from https://www.justsecurity.org/68393/behind-myanmars-military-alibi-a-path-for-compliance-with-the-icjs-order-to-protect-rohingya/
King, V. (1994). The sociology of South-East Asia: A critical review of some concepts and issues. Brill, 171, 206. Accessed February 2, 2020, from https://www.jstor.org/stable/27864515
King, L., & Grant, K. (2016). Meet the social workers supporting refugees in Calais. Accessed Feb 3, 2020, from http://www.communitycare.co.uk/2016/08/24/meet-social-workers-supporting-refugees-calais
Ma, X. F. (2008). Durkheim and Weber: The comparison of sociological research method. The Studies of Sociology, 31(22), 15–18. https://doi.org/10.1146/annurev-soc-060116-053604. Accessed 1 February 2019.
Montgomery, H. (2010). Defining child trafficking & child prostitution: The case of Thailand: Understanding human trafficking and its victims. Seattle Journal for Social Justice, 9, 775–812, 787.
Morse, S. (2017). I’m so glad that I live in a world where there are Octobers. International Journal on Public Legal Education. https://doi.org/10.19164/ijple.v2i1.704. Accessed 3 February 2018.
National Working Group for Sexually Exploited Children and Young People ‘How is Child Sexual Exploitation Defined?’. (2008). Accessed Sept 28, 2017, from http://www.nwgnetwork.org/who-we-are/what-is-child-sexual-exploitation
Nelson, D., Price, E., & Zubrzycki, J. (2017). Critical social work with unaccompanied asylum-seeking young people: Restoring hope, agency and meaning for the client and worker. International Social Work. 60(3), 601–613. https://doi.org/10.1177/0020872816637663
New Humanitarian. (2009). Children exchange sex for money. IRIN News, The United Nations Office for the Coordination of Humanitarian Affairs. Accessed December 20, 2019, from https://www.thenewhumanitarian.org
New York Times. (9 July 2019). UN Rights head ‘Shocked’ by treatment of migrant children at US Border. Accessed July 15, 2019, from https://www.nytimes.com/2019/07/08/world/americas/michelle-bachelet-unhcr-migrants-border.html?emc=rss&partner=rss
New York Times Editorial. (13 January 2005). The Tsunamis and child trafficking. The New York Times (nytimes.com). Accessed 23 July 2019.
Newbery, E. (1983). Child abuse: The current theory base and future research needs. Journal of the American Academy of Child Psychiatry, 22(3), 262, 268. Accessed December 31, 2018, from http://www.elinewberger.com/child-abuse-the-current-theory-base-and-future-research-needs
OHCR. (2010). Recommended principles and guidelines on Human Rights at International Borders. Retrieved from Recommended Principles and Guidelines on HRIB_Final.indd (ohchr.org)
Pinheiro, P. (2007). The United Nations Special Rapporteur on the Situation of Human Rights in Myanmar Urges the Myanmar Authorities to Immediately Release Peaceful Protesters’ UN Special Rapporteur Paulo Sergio Pinheiro. https://newsarchive.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=3911. Accessed 4 January 2018.
Report of the Special Rapporteur on the Situation of Human Rights in Myanmar, Paulo Sérgio Pinheiro, mandated by resolution S-5/1 adopted by the Human Rights Council at its 5th special session. Accessed January 3, 2020., from https://digitallibrary.un.org/search?f1=author&as=1&sf=title&so=a&rm=&m1=e&p1=Pinheiro%2C%20Paulo%20Se%CC%81rgio%20de%20M.S.&ln=en
Rössel, J. (2017). Conflict theory. Oxford Bibliographies. https://doi.org/10.1093/obo/9780199756384-0035. Accessed 4 January 2018.
Royal College of Paediatrics and Child Health. (2000). Guidelines for the ethical conduct of medical research involving children prepared by the ethics advisory committee. Archives of Disease in Childhood, 82, 77–182.
Safi, M. (2014). Asylum seeker children on Christmas Island transferred to detention in Darwin. Accessed January 5, 2019, from https://www.theguardian.com/australia-news/2014/dec/21/asylum-seeker-children-christmas-island-transferred-detention-darwin
Sandberg, K. (2015). The convention on the rights of the child and the vulnerability of children. Nordic Journal of International Law, 84, 221, pp 47, 229. https://doi.org/10.1163/15718107-08402004. Accessed 21 December 2019.
Schwab K (2014) The Global Competitiveness Report 2013-2014. World Economic Forum 2013, 2014 Retrieved from https://www.weforum.org/reports/global-competitiveness-report-2013-2014
Shawki, N. (2015). Norm-based advocacy and social change: An analysis of advocacy efforts to end child marriage. Social Alternatives, 34(4). Accessed July 1, 2019, from https://www.questia.com/read/1P3-4011056571/norm-based-advocacy-and-social-change-an-analysis
Simmel, G. (1971). The problem of sociology. In D. Levine (Ed.), Georg Simmel: On individuality and social forms (pp. 23–27). Chicago: University of Chicago Press.
Smolin, D. (2004). Intercountry adoption as child trafficking. Vaparaiso University Law Review, 39, pp 283, 325.
Swedberg, R. (2017). Theorizing in sociological research: A new perspective, a new departure? Annual Review of Sociology 189, 206. https://doi.org/10.1146/annurev-soc-060116-053604. Accessed 4 December 2018.
The UN Refugee Agency (UNHCR). (2018). Operational Update. Accessed September 28, 2018, from http://reporting.unhcr.org/sites/default/files/UNHCR%20Bangladesh%20Operational%20Update%20-%2015AUG18.pdf#_ga=2.63143724.2077047854.1579290660-1653085541.1554326498
Tulane University. (2015). Final Report: 2013/14 Survey Research on Child Labor in West African Cocoa-Growing Areas. New Orleans: Payson Center for International Development and Technology Transfer. Accessed January 5, 2018, from http://www.childlaborcocoa.org/index.php/2013-14-final-report
Txleber, X. (1947). Wirtschaft und Gesellschaft In: Gruncliiss cler Sozialiikonomik, I11 3rd ed. Tubingen, p 28.
UK Department of Education. (2017). Care of unaccompanied migrant children and child victims of modern slavery: Statutory guidance for local authorities. Accessed December 29, 2017, from https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/656429/UASC_Statutory_Guidance_2017.pdf
UN. (2012). The United Nations Inter-Agency Project on Human Trafficking (UNIAP). Accessed March 21, 2018, from https://uia.org/s/or/en/1100068079
UN General Assembly. (2018). Global Compact for migration: Global compact for safe, orderly, and regular migration. Accessed December 22, 2018, from https://www.un.org/pga/72/wp-content/uploads/sites/51/2018/07/migration.pdf
UN News. (2017). Situation on Australian offshore processing facility at risk of further deterioration, UN warns. https://news.un.org/en/story/2017/11/637212-situation-australian-offshore-processing-facility-risk-further-deterioration-un. Accessed 30 Dec 2017
UN News. (4 April 2018). Australia-bound asylum seekers left mentally scarred by years of detention on Pacific Islands, warns UN refugee official. https://news.un.org/en/story/2018/04/1006501. Accessed 3 May 2018.
UN Office of for the Coordination of Humanitarian Affairs (OCHA). (2020). Côte d’Ivoire. https://www.unocha.org/west-and-central-africa-rowca/côte-d’ivoire. Accessed 5 May 2020.
UN Security Council. (2004). The rule of law and transnational justice in conflict and post-conflict societies: Report of the Secretary-General, S/2004/616. https://www.un.org/ruleoflaw/blog/document/the-rule-of-law-and-transitional-justice-in-conflict-and-post-conflict-societies-report-of-the-secretary-general. Accessed 3 November 2019.
UNHCR. (1997). Guidelines on policies and procedures in dealing with unaccompanied children seeking asylum. https://www.unhcr.org/3d4f91cf4.pdf. Accessed 3 December 2018.
UNHCR. (2020). Protracted refugee situations. Accessed January 5, 2020, from https://www.unrefugees.org/news/protracted-refugee-situations-explained/#What is a protracted refugee situation?
UNHCR Trends. (2011). Accessed December 21, 2018, from https://docs.google.com/spreadsheets/d/1glTKEfUj9TfcjQXIOSGrFeagbzL9AYwEzEnYUuG6C8A/edit#gid=0
UNHCR’s Evaluation and Policy Analysis Unit (EPAU). (2007). A case study of Liberian refugees in Côte d’Ivoive.
Union of Myanmar Ministry of Social Welfare Relief & Resettlement National Committee on the Rights of the Child Myanmar National Plan of Action for Children (2006–2015) Myanmar Plan of Action. Accessed December 29, 2017., from http://ovcsupport.org/wp-content/uploads/Documents,2006-2015Myanmar_National_Plan_of_Action_for_Children_2006_2015_1.pdf?
United Nations Action for Cooperation against Trafficking in Persons (UN-ACT) and Mahidol University in Bangkok co-organized the International Seminar on Mixed Migration in Southeast and East Asia, 21–22 June 2017.
United Nations High Commissioner for Refugees Evaluation and Policy Analysis Unit. (2002). Responding to protracted refugee situations A case study of Liberian refugees in Côte d’Ivoire.. https://www.unhcr.org/uk/3d4006412.pdf. Accessed 3 December 2019.
United Nations Independent International Fact-Finding Mission on Myanmar, HRC resolution 34/22, 22 October 2019. Accessed November 7, 2019, from https://reliefweb.int/sites/reliefweb.int/files/resources/FFM-GA%20statement.rev_.2%20%28002%29_0.pdf
United Nations Office for Disaster Relief Reduction (UNISDR). (2012). The Asia-Pacific Disaster Report: Reducing Vulnerability and Exposure to Disaster. https://www.unisdr.org/archive/29286. Accessed 29 January 2019.
UNODC. (2013a). Transnational organized crime in East Asia and the Pacific, a threat assessment, p 15. Accessed July 28, 2019, from https://www.unodc.org/documents/data-and-analysis/Studies/TOCTA_EAP_web.pdf
UNODC. (2013b). Director General of the Judicial Administration System Department, Ministry of Justice. Accessed July 2, 2018, from https://www.unodc.org/southeastasiaandpacific/en/laopdr/2013/06/project-childhood/story.html
US News. (2019). UN Human Rights Chief Decries ‘Alarming’ Conditions at US Borders. https://www.huffingtonpost.co.uk/entry/un-human-rights-chief-shocked-by-migrant-detention-conditions_n_5d236fb6e4b04c481418156f?ri18n=true. Accessed 14 August 2019.
US State Department. (2017). Trafficking in Persons Report-2017: Côte d’Ivoire. Washington, DC. https://www.state.gov/j/tip/rls/tiprpt/countries/2017/271171.htm. Accessed 3 January 2018.
US State Department. (2019). TIP Country Report. https://www.state.gov/reports/2019-trafficking-in-persons-report/. Accessed 3 December 2019.
Vold, G. B. (1998). Theoretical criminology. Oxford: Oxford University Press.
Weber, M. (1947). Wirtschaft und Gesellschaft. In: Gruncliiss cler Sozialiikonomik, I11, 3rd ed. Tubingen, p 28.
Weber, M. (1969). Science as a vocation. In H. H. Gerth & C. W. Mills (Eds.), From Max Weber: Essays in sociology (pp. 129–158). New York: Oxford University Press.
Williams JT (1976). Conflict theory and race conflict. Social Science, 51(1), 32–36. http://www.jstor.org/stable/41886040. Accessed 30 November 2020.
Williamson, E. (2012). Human trafficking. Washington, DC: US Department of Justice, Office of Justice Programs, Office for Victims of Crime, Training and Technical Assistance Center, pp. 31–41. http://www.nationalacademies.org/hmd/~/media/Files/Resources/SexTrafficking/guideforlegalsector.pdf. Accessed 22 December 2017.
Wilson, R. (2011). The relationship between school and society: Part II – Conflict Theory. In: The Building Blocks of Social Foundation, 6(1), http://scholarworks.gvsu.edu/cgi/viewcontent.cgi?article=1006&context=colleagues. Access 2 November 2017.
Wroe, L. (2015). Social workers have a duty to speak up about the humanitarian crisis in Calais. http://www.theguardian.com/social-care-network/2015/aug/04/social-workers-humanitarian-crisis-calais. Accessed 4 December 2017.
Wroe, L. (2018). It really is about telling people who asylum seekers really are, because we are human like everybody else. Negotiating victimhood in refugee advocacy work. Discourse and Society, 29(3), 324–343.
Wroe, R., et al. (2019). Social work with refugees, asylum seekers and migrants. Theory and skills for practice.
Zaman, N. (2001). 1971 and After: Selected stories. The University Press Limited.
Zolberg, A. R. (1969). One-party government in the Ivory Coast. Princeton, NJ: Princeton University Press.
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Herring, T. (2021). International State Responsibility Obligations to Protect and Provide Access to Justice for the Asylum-Seeking Child: The CRC and the Unaccompanied Minor Border Case Study Using Dahrendorf’s Social Conflict Theory to Proffer a Revised Legal Framework: Australia, Bangladesh/ Myanmar to the ASEAN Charter States, the Republic of Côte d’Ivoire, Africa, and USA/Mexico. In: Vissing, Y., Leitão, S. (eds) The Rights of Unaccompanied Minors. Clinical Sociology: Research and Practice. Springer, Cham. https://doi.org/10.1007/978-3-030-75594-2_3
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