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The Global Community Yearbook of International Law and Jurisprudence 2018$
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Giuliana Ziccardi Capaldo

Print publication date: 2019

Print ISBN-13: 9780190072506

Published to Oxford Scholarship Online: September 2019

DOI: 10.1093/oso/9780190072506.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 14 December 2019

Collective Reparations as a Partial Remedy for State-Perpetrated Blanket Violations of the Rights of Targeted Child Asylum Seeker Groups

Collective Reparations as a Partial Remedy for State-Perpetrated Blanket Violations of the Rights of Targeted Child Asylum Seeker Groups

Chapter:
(p.339) IV.1 Collective Reparations as a Partial Remedy for State-Perpetrated Blanket Violations of the Rights of Targeted Child Asylum Seeker Groups
Source:
The Global Community Yearbook of International Law and Jurisprudence 2018
Author(s):

Sonja C. Grover

Publisher:
Oxford University Press
DOI:10.1093/oso/9780190072506.003.0016

This article argues for the entitlement of discrete refugee groups to collective reparations for targeted state-perpetrated blanket grievous human rights violations against their group whether by the home, transit or prospective asylum state. A review of selected international law and international principles of justice are discussed as a grounding for the applicability of collective reparations in such a refugee context. The example is discussed of children from Central America who accompanied their parent or parents to the US-Mexican border in search of refugee asylum most of whom, but not all, crossed the US border irregularly and then were separated from their parents as a result of President Trump’s so-called ‘zero-tolerance’ migration policy and held in US custody. Over 500 of these children are still, at the time of writing, separated from their parents and for a significant number of those, their parents have been deported without them.

Keywords:   collective reparations, child asylum seekers, child rights, collective victim, principles of justice

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