CHILDHOOD AND MIGRATION IN ARGENTINA

ADVANCES IN RIGHTS IN MIGRATION LAW RIGHTS AND THE CHALLENGE FROM A CHILD- CENTERED PERSPECTIVE

Authors

  • Laura Fabiola Del Valle Aramayo National University of Jujuy, School of Humanities and Social Sciences, Jujuy, Argentina
  • Ignacio Bejarano National University of Jujuy, School of Humanities and Social Sciences, Jujuy, Argentina

DOI:

https://doi.org/10.5281/zenodo.16650782

Keywords:

Migración – Leyes migratorias – Niños, niñas y adolescentes – Derechos del niño

Abstract

In Argentina, the migration of children and adolescents has occurred for a long time. They have almost always arrived in family contexts, either accompanied by their parents or, in some cases, reunited with them in Argentina sometime later. Their moves have been linked to the search for better living conditions, more educational opportunities, and future employment options.  

 This paper aims to analyze the extent to which the rights of migrant children and adolescents have been specifically addressed under Migration Law 25.871.  Three topics of analysis are proposed: a) the concept of migrant childhood, which allows addressing and understanding their participation and role in migration processes; b) the migration paradigm shift in Argentina, addressing the most significant modifications brought about by the entry into force of Law 25.871; and c) children's rights in the Migration Law, which allows us to address the challenges facing the migrant population. Three topics of analysis are proposed: a) the concept of migrant children, which allows us to address and understand their participation and role in migration processes; b) the migration paradigm shift in Argentina, dealing with the most significant modifications brought about by the enactment of Law 25.871; and c) children's rights under the Migration Law, which makes it possible to identify the challenges involved in fulfillment of the rights of the migrant population. It is concluded that there is still a lack of sufficient understanding regarding the impact of immigration regulations on children and the need to interpret such laws considering the Convention on the Rights of the Child. Therefore, it is of utmost importance to highlight the enactment of the Comprehensive Protection Law (No. 26.061) for the Rights of Children and Adolescents that ratifies another paradigm shift, making domestic legislation compatible with the obligations established by the Convention on the Rights of the Child. Furthermore, it poses the challenge of articulating both approaches to enhance and ensure the protection of the rights of migrant children and their families, thus guaranteeing the effective implementation of the rights recognized in both laws. 

Author Biographies

Laura Fabiola Del Valle Aramayo, National University of Jujuy, School of Humanities and Social Sciences, Jujuy, Argentina

PhD candidate in Theory and Methodology of Social Sciences (UNJu). Specialist in Socio-Educational Policies and Programs (Ministry of Education of Argentina). Specialist in Education and ICT (Ministry of Education of Argentina). Holder of an Advanced Diploma in Contemporary Technological and Educational Issues (UTN). Bachelor’s Degree in Educational Management (UCASal). Professor of Educational Sciences (FHyCS-UNJu).
Currently serves as Adjunct Professor in the course Social Work and Social Research I in the Social Work program, Tilcara Academic Extension (FHyCS-UNJu), and as First Assistant Professor in Contemporary Social Theory in Social Work and Social Work and Social Research I (FHyCS-UNJu). She participates as principal researcher in two research projects accredited by SECTER-UNJu and has supervised and evaluated numerous undergraduate theses as an academic reviewer.

Ignacio Bejarano, National University of Jujuy, School of Humanities and Social Sciences, Jujuy, Argentina

Regular Teaching Assistant in Biological Anthropology I and Research Methodology in Social Work (FHyCS-UNJu). Adjunct Professor in the course Social Work and Social Research I (FHyCS-UNJu). Category III Researcher, Teaching Researchers Program of the SPU. Directed 8 research projects and 4 extension projects accredited by SECTER-UNJu and the National Agency for the Promotion of Science and Technology. Has supervised and evaluated numerous undergraduate theses as a jury member. Participated in selection committees for regular teaching positions and is the author of book chapters and scientific articles published nationally and internationally. Has presented more than 50 papers at scientific events. Currently serves as Vice Dean of FHyCS-UNJu.

Published

2025-07-31

How to Cite

Aramayo, L. F. D. V., & Bejarano, I. (2025). CHILDHOOD AND MIGRATION IN ARGENTINA: ADVANCES IN RIGHTS IN MIGRATION LAW RIGHTS AND THE CHALLENGE FROM A CHILD- CENTERED PERSPECTIVE . Difusiones, 28(28), 57–73. https://doi.org/10.5281/zenodo.16650782

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