The assisted return procedure of unaccompanied and separated children in Chilean immigration regulations

Abstract

The objective of this study is to reflect on the lack of regulation in Chile of an assisted return procedure of unaccompanied and separated children from their family references from a human rights approach that respects the provisions contained in both the Convention on the Rights of the Child and the Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. In this sense, the Law 21.325, of Migration and Foreigners, despite containing as one of its main principles that of the best interests of the child, does not seem, however, to be able to offer clear answers consistent with the true ones needs of these children and adolescents, even more so after the Constitutional Court Judgment of January 29, 2021, which declared the unconstitutionality of the assisted return procedure contained in article 132 of the aforementioned norm.