Child Welfare and Global Governance: A New Framework for Cross-Border Accountability

The U.N. Convention on the Rights of the Child has long failed to adequately protect all children, such as those separated from their families due to detention, deportation, exile, imprisonment, or death. Although Article 9(4) of the UNCRC imposes obligations on States when separations occur due to the actions of State Parties, a clear gap exists between these obligations and their implementation. Specifically, Article 9(4)’s effectiveness is often undermined by obstacles such as tensions between State sovereignty and international law, insufficient domestic measures, and weak enforcement mechanisms for holding States accountable. This Article discusses these obstacles, presents two case studies that demonstrate the gap between Article 9(4)’s legal obligations and its enforcement, and proposes a Hague-style enforcement framework to establish better accountability measures.

(from the authors)