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Kafāla in Belgium : private international law as an essential tool to establish migration law consequences?

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Abstract
This chapter explains how kafāla-cases are handled in Belgium, including the respective migration case law and migration legal framework. This article emphasises that a kafāla should be characterised as a child protection measure under the 1996 Child Protection Convention but that the Convention does not solve all issues relating to kafāla. The Belgian general recognition rules offer a solution for kafālas outside the scope of the 1996 Child Protection Convention. It is suggested that the private international law framework should be considered when determining whether a makfūl (ward) can be regarded as an unaccompanied minor.

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MLA
Bruijnen, Leontine. “Kafāla in Belgium : Private International Law as an Essential Tool to Establish Migration Law Consequences?” Children in Migration and International Family Law : The Child’s Best Interests Principle at the Interface of Migration Law and Family Law, edited by Stefan Arnold and Bettina Heiderhoff, Springer, 2024, pp. 257–69, doi:10.1007/978-3-031-71598-3_16.
APA
Bruijnen, L. (2024). Kafāla in Belgium : private international law as an essential tool to establish migration law consequences? In S. Arnold & B. Heiderhoff (Eds.), Children in Migration and International Family Law : the child’s best interests principle at the interface of migration law and family law (pp. 257–269). https://doi.org/10.1007/978-3-031-71598-3_16
Chicago author-date
Bruijnen, Leontine. 2024. “Kafāla in Belgium : Private International Law as an Essential Tool to Establish Migration Law Consequences?” In Children in Migration and International Family Law : The Child’s Best Interests Principle at the Interface of Migration Law and Family Law, edited by Stefan Arnold and Bettina Heiderhoff, 257–69. Cham: Springer. https://doi.org/10.1007/978-3-031-71598-3_16.
Chicago author-date (all authors)
Bruijnen, Leontine. 2024. “Kafāla in Belgium : Private International Law as an Essential Tool to Establish Migration Law Consequences?” In Children in Migration and International Family Law : The Child’s Best Interests Principle at the Interface of Migration Law and Family Law, ed by. Stefan Arnold and Bettina Heiderhoff, 257–269. Cham: Springer. doi:10.1007/978-3-031-71598-3_16.
Vancouver
1.
Bruijnen L. Kafāla in Belgium : private international law as an essential tool to establish migration law consequences? In: Arnold S, Heiderhoff B, editors. Children in Migration and International Family Law : the child’s best interests principle at the interface of migration law and family law. Cham: Springer; 2024. p. 257–69.
IEEE
[1]
L. Bruijnen, “Kafāla in Belgium : private international law as an essential tool to establish migration law consequences?,” in Children in Migration and International Family Law : the child’s best interests principle at the interface of migration law and family law, S. Arnold and B. Heiderhoff, Eds. Cham: Springer, 2024, pp. 257–269.
@incollection{01KPTX753YN922F8ATBS2QPE6B,
  abstract     = {{This chapter explains how kafāla-cases are handled in Belgium, including the respective migration case law and migration legal framework. This article emphasises that a kafāla should be characterised as a child protection measure under the 1996 Child Protection Convention but that the Convention does not solve all issues relating to kafāla. The Belgian general recognition rules offer a solution for kafālas outside the scope of the 1996 Child Protection Convention. It is suggested that the private international law framework should be considered when determining whether a makfūl (ward) can be regarded as an unaccompanied minor.}},
  author       = {{Bruijnen, Leontine}},
  booktitle    = {{Children in Migration and International Family Law : the child’s best interests principle at the interface of migration law and family law}},
  editor       = {{Arnold, Stefan and Heiderhoff, Bettina}},
  isbn         = {{9783031715976}},
  language     = {{eng}},
  pages        = {{257--269}},
  publisher    = {{Springer}},
  title        = {{Kafāla in Belgium : private international law as an essential tool to establish migration law consequences?}},
  url          = {{http://doi.org/10.1007/978-3-031-71598-3_16}},
  year         = {{2024}},
}

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