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Migration as Negligence: Parents who Move and Children who Suffer

Migration
Public Policy
Social Justice
Family
Mollie Gerver
The London School of Economics & Political Science
Mollie Gerver
The London School of Economics & Political Science

Abstract

Should parents have the right to migrate with their children to dangerous places? I argue that, when parents have a choice about moving, knowing they will be unable to take measures to ensure the safety of their children after migrating, they are putting their children in harm’s way, similar to putting their child in front of a moving car. I then argue that, if they freely choose to migrate, but after migration their children died of causes that the parents could have prevented, then the migration is not negligent, but subsequent choices after migration may be. Thirdly, I argue that the first two claims may be true even if parents were forced to migrate. However, unlike in the other instances, negligent forced migration is not blameworthy. Finally, I argue that states may have a duty to prevent parents from migrating within a country, or another country, in all three cases.