The best interests of the child in the context of migration under international law

The safety and well-being of children on the move is a critical issue that demands urgent attention, as there are very few safe and legal migration channels available to protect them. States have complete sovereignty over their borders and who they allow to enter; however, they also have international obligations to comply with. This includes their obligations to children. In the field of migration, the international framework regulating this is fragmented, with various instruments addressing different aspects of protection. These protections and obligations on States were created with the adult migrant in mind, leaving children unprotected. The best interests of the child (“BIC”) play a crucial role in addressing these gaps and ensuring that children on the move have access to safeguards throughout their migration journey. This research aims to examine the role the BIC has played in migration protection mechanisms and how it has influenced their development by analysing international instruments, soft law, and regional practice.