Child migration in transit to Mexico: structural vulnerability, access to justice, and challenges under the Brasilia Rules

Abstract

Child migration in Latin America, particularly along routes crossing Mexico toward the United States, has become a critical human rights issue. This phenomenon is driven by structural factors such as poverty, widespread violence, inequality, and the lack of adequate living conditions in countries of origin. According to international organizations, a significant number of children migrate unaccompanied or separated from their families, increasing their exposure to risks such as human trafficking, exploitation, and multiple forms of violence.

This article analyzes the structural and intersectional vulnerability of migrant children, considering factors such as age, irregular migration status, socioeconomic exclusion, and exposure to institutional and criminal violence. The study adopts a qualitative legal-doctrinal approach based on international legal frameworks, specialized reports, and the Brasilia Rules on Access to Justice for Persons in Conditions of Vulnerability.

Key barriers to effective access to justice are identified, including the lack of specialized legal assistance, complex administrative procedures, linguistic barriers, and restrictive institutional practices. The article concludes that a significant gap persists between the formal recognition of rights and their effective implementation, highlighting the need to strengthen public policies grounded in a human rights approach.