Migrant detention centers in the United States and the treatment of children

: do the practices violate international conventions and national law?

Abstract

This paper examines the migrant detention centers in the United States through the lenses of the Convention Against Torture (CAT), and relevant United States law, such as the Supreme Court’s case law on the Eighth Amendment (cruel and unusual punishment).Specifically, we will address the treatment of children by the government while they are entering the United States in an attempt to claim asylum (either accompanied by their parents or unaccompanied). Additionally, the “zero tolerance policy” enacted by the US government in 2018, which forced the separation of children from their parents is examined. Both of these situations are studied to determine whether any of the treatment the children received violates the CAT and is considered to be either torture or cruel, inhuman or degrading punishment.Similarly, we will also analyze whether this treatment violates the Eighth Amendment of the United States Constitution. Looking at factual findings from complaints filed over the years against U.S. agencies responsible for immigration and detention, as well as reports studying migrant detention centers, multiple allegations of ill-treatment have been reported. Taking into consideration these factual findings with the case law and legal interpretations of torture and cruel, inhuman or degrading treatment, it is argued that this treatment of children could be qualified as torture and/or cruel, inhuman or degrading treatment under international law.Under United States law, it is also argued that these treatments constitute cruel and unusual punishment.

Date of Award	29 Jan 2021
Original language	English
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Ana Rita Amaral Campos Gil (Supervisor)