Abstract

SANCHEZ GAVI, José Luis. Children in migratory transit through Mexico - legal instruments and human rights. Rev. IUS [online]. 2021, vol.15, n.47, pp.233-258.  Epub May 21, 2021. ISSN 1870-2147.  https://doi.org/10.35487/rius.v15i47.2021.658.

The present study presents the regulatory framework for minors living in a context of migratory transit through Mexico in order to ascertain the regulations in the various levels of Mexican legislation, in accordance with their hierarchical order: the Political Constitution; the Migration Law; the corresponding regulations; and, our nation’s legislation on childhood. A second objective is to examine the debate generated by these legal devices in different situations that, in some cases, involve contradictions, the alignment of national instruments, or ambiguity in their interpretation, and, therefore, their effective application. Other subjects are also reviewed, such as the detention of girls, boys, and adolescents (NNA), the best interests of the child, the corresponding authorities, and the accompaniment of minors. Finally, the present paper deals with some proposals contributing to reflection on and, eventually, the improvement of the regulations.

Keywords : Rights; minors; unaccompanied children; migrants in transit; Central America; detention; best interests.