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National Legal Center for Immigrants

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

D. DETAINED UASC HAVE A RIGHT TO FREE COUNSEL The three arguments discussed in the preceding sections could assist in providing a right to free legal counsel for all UASC navigating immigration proceedings in the United States. A narrower argument that is also open to advocates concerns the promotion of a right to free counsel for detained UASC.

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

B. CHILDREN TEMPORARILY OR PERMANENTLY DEPRIVED OF THEIR FAMILY ENVIRONMENT HAVE A RIGHT TO FREE LEGAL COUNSEL

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

III. POTENTIAL ARGUMENTS This section identifies potential arguments, which could be utilized by U.S.-based advocates to promote a right to free legal counsel for UASC navigating immigration proceedings in the United States. The arguments are intended to provide a broad framework within which advocacy strategies and campaigns promoting a right to free legal counsel can be designed. Once advocates identify the most compelling and promising arguments, further research on the merits of these arguments will be undertaken.

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

D. FREE LEGAL COUNSEL FOR CHILDREN DEPRIVED OF LIBERTY In Article 37(d), the CRC explicitly addresses the right to counsel for all children, including UASC, who are deprived of liberty. Article 37(d): Every child deprived of his or her liberty shall have the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the legality of the deprivation of his or her liberty before a court or other competent, independent and impartial authority, and to a prompt decision on any such action.

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

C. NON-DISCRIMINATION, BEST INTERESTS OF THE CHILD, AND SPECIAL PROTECTION AND ASSISTANCE  

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

B. THE CONVENTION ON THE RIGHTS OF THE CHILD AND THE UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES  As a preliminary matter, a brief introduction to the Convention on the Rights of the Child, the Committee on the Rights of the Child, the United Nations High Commissioner for Refugees and the Executive Committee of the United Nations High Commissioner for Refugees is provided.  This treaty and bodies speak to the rights of UASC.   1. The Convention on the Rights of the Child

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

A.  INTRODUCTION The international materials discussed in this section include: §  The Convention on the Rights of the Child (1989); §  The Committee on the Rights of the Child: General Comment No. 6 on Treatment of Unaccompanied and Separated Children Outside Their Country of Origin (2005); §  The United Nations High Commissioner for Refugees’ Executive Committee Conclusion No. 107 on Children at Risk (2007);

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

II.  Main Sources of International Law and Commentary A.  Introduction The international materials discussed in this section include: §  The Convention on the Rights of the Child (1989); §  The Committee on the Rights of the Child: General Comment No. 6 on Treatment of Unaccompanied and Separated Children Outside Their Country of Origin (2005); §  The United Nations High Commissioner for Refugees’ Executive Committee Conclusion No. 107 on Children at Risk (2007);

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

II.  Main Sources of International Law and Commentary

A.  Introduction The international materials discussed in this section include: §  The Convention on the Rights of the Child (1989); §  The Committee on the Rights of the Child: General Comment No. 6 on Treatment of Unaccompanied and Separated Children Outside Their Country of Origin (2005); §  The United Nations High Commissioner for Refugees’ Executive Committee Conclusion No. 107 on Children at Risk (2007);

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