ABSTRACT
Chapter 3 provides an overview of relevant general legal principles that are drawn on throughout the book to inform the analysis of the specific rights pertaining to the child-parent relationship identified in the normative and conceptual framework. These include the overarching principles in the Convention on the Rights of the Child, which must guide all State actions in the context of children affected by migration. These principles are that the best interests of the child must be a primary consideration in all matters affecting children (Art 3); children must not be arbitrarily discriminated against (Art 2); States must recognise every child’s right to life, survival and development (Art 6); and children have a right to be heard in all matters affecting them in a manner appropriate to their age and maturity (Art 12). This chapter also outlines the principles of international cooperation and the fundamental role of the family in human rights law as they apply in the context of children and migration.
