CLINIC

 

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An International Human Right to Free Legal Counsel for Unaccompanied and Separated Children in U.S. Immigration Proceedings

C. DEFINITIONS

 For the purpose of this memorandum, the following definitions apply:

 §  Child: Every human being below the age of 18 years, unless under the law applicable to the child, majority is attained earlier.[1]

§  Unaccompanied children: Children (as defined above) who have been separated from both parents and other relatives and are not being cared for by an adult who, by law or custom, is responsible for doing so.[2]

§  Separated children: Children (as defined above) who have been separated from both parents, or from their previous legal or customary primary caregiver, but not necessarily from other relatives. Accordingly separated children may include children accompanied by other adult family members.[3]

§  Unaccompanied and separated children/child (“UASC”): This definition encapsulates the two immediately preceding definitions in their plural and singular forms, as relevant.

 

 


[1] Convention on the Rights of the Child (CRC), at Article 1.

[2] Committee on the Rights of the Child, General Comment No. 6 (2005): Treatment of Unaccompanied and Separated Children Outside Their Country of Origin (General Comment No. 6), at paragraph 7.

[3] Id. at paragraph 8.