Strategic Litigation and The Rights of Migrant Children

Children who arrive alone in a country that is not their own should be placed under the guardianship of public administrations. From that moment on, they should be full holders of the fundamental rights that the Constitution and international treaties recognise for all citizens. But the system is radically flawed when it comes to ensuring that these children enjoy the rights to which they are entitled. And these imperfections are sometimes structural. Strategic litigation is a tool available to citizens, precious to non-governmental organisations working with vulnerable people, that seeks to overcome these systemic imperfections through the initiation of legal proceedings. This paper will focus on the use of strategic litigation to defend the rights of migrant children and adolescents in legal contexts integrated into multi-level human rights protection models.