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Part V The Scope of Refugee Protection, Ch.41 Refugee Children

Jason M Pobjoy

From: The Oxford Handbook of International Refugee Law

Edited By: Cathryn Costello, Michelle Foster, Jane McAdam

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 30 November 2023

Asylum — Non-refoulement

This chapter focuses on refugee children. International law affords all refugee children special protection, under both the Refugee Convention and, of particular significance, the Convention on the Rights of the Child (CRC). The CRC recognizes children as independent rights-bearers, entitled to a comprehensive set of civil, political, social, economic, and cultural rights that are designed to cater for their specific needs. The rights set out under the CRC apply to all children, wherever they find themselves, without discrimination. Evidently there is a significant protection gap. This chapter traces the development of international law relating to refugees and to children, before addressing six key issues: first, the notion of childhood and the difficulties in proving age; secondly, the application of the refugee definition to children; thirdly, the extent to which the CRC is capable of affording independent and more appropriate forms of protection status for children; fourthly, a refugee child's entitlement to appropriate protection and humanitarian assistance (article 22 of the CRC); fifthly, the availability of durable solutions; and finally, family reunification.

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