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Journal Article

Citation

Oberg C, Kivlahan C, Mishori R, Martinez W, Raul Gutierrez J, Noor Z, Goldhagen J. Pediatrics 2020; ePub(ePub): ePub.

Copyright

(Copyright © 2020, American Academy of Pediatrics)

DOI

10.1542/peds.2020-012930

PMID

33109743

Abstract

Background
Migrants crossing the United States (US) Southwestern border (border) have previously been predominantly male adults from Mexico. However, since 2000, border crossings have increasingly involved families and unaccompanied children. In 2019, over 851,000 persons were apprehended on the border, including 473,682 family members and 76,020 unaccompanied minors--vastly increasing the number of children subjected to immigration policies. To deter migration, the current administration has implemented punitive policies toward children that have affected their physical and mental health--including separation from their families. Under the pretext of the COVID-19 pandemic, the Centers for Disease Control and Prevention recently ordered the deportation of immigrant children without notification of their families. The treatment of children at the border constitutes cruel, inhuman, or degrading treatment that rises to the level of torture.


What Constitutes Torture

The prohibition of torture, in-particular against children, was codified through the Geneva Conventions (1949) and the Additional Protocols (1977). In addition, it is prohibited by the UN Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (CAT, 1984). Articles in the UN Convention on the Rights of the Child (CRC, 1989), which the US has signed but not ratified, define the rights of migrant and refugee children to remain with their families, be free from violence and exploitation, and enjoy optimal health and development.

According to the CAT and Rome Statute, treatment of children at the border fulfills the three criteria for torture...

A Call to Action for Pediatricians and Child Health Professionals

It is critically important that pediatricians and the American Academy of Pediatrics (AAP) collaborate with other advocates and advocacy organizations to forge local, national and international responses to stop and prevent torture of migrant children at the border and globally. This includes...


Language: en

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