The tension between the right to have a family and not to be separated from it and the principle of non-return of unaccompanied children and adolescents with recognition of refuge in Colombia

Abstract

This article exposes the violation of rights in the framework of migratory phenomena; Therefore, human mobility was analyzed with an integrated protection approach, the causes and consequences at the level of human development, especially in children and adolescents (NNA) and family disintegration in the face of migration. Hence, protection under the figure of refuge is studied, the principle of non-refoulement and the mechanisms and instruments contemplated in national and international legal systems and their relationship with the best interests of the minor as a guiding principle in matters of childhood and adolescence. It is intended to sensitize the reader about migration as a plus of vulnerability to displacement that implies cultural uprooting, the appropriation of a new culture, family disintegration, international abandonment and the regressiveness of human rights on the matter. In the same sense, the tension between the right to have a family and not to be separated from it is shown Versus the principle of non-refoulement in the case of unaccompanied migrant children with recognition of refuge by the Colombian State, since in a strict sense return is not possible. to their country of origin by virtue of international protection or because they cannot be subject to adoption as a guarantee under the jurisdiction of nationality. It concludes by questioning the purpose of superior interest as a principle and shows the fragility of the discourse printed in the current regulations by not showing sufficient capacity to respond to the care and protection of children and adolescents, as true borders that limit the universality of children. human rights.