Abstract
During the last years became evident a tendency of increasing the number of refugee children,considering their age and maturity, they need special care under the refugee situation.The position of refugee children in the convention is very clear, it obligates the countries to insure the necessary measurements needed to the refugee children, to enjoy the basic rights of the convention as well as the rights of other international instruments. Although this phenomena is a relatively new case for Albanian society, including special categories such as children. Albania is charged to guarantee children rights observance and application under the refugee situation in conformity to the convention.Description of the rights in Albanian context is performed in order to identify the legal deficiency. Via analyses is aimed the Albanian legislation improvement from the responsible institutions, in order to protect the children’s right under the refugee situation. The effective defense will be possible only if the state will insure certified rights under children’s rights convention and government will assist in sharing encumbrance for options ratification in refugee’s children assimilation. In the last years the legislation improvement in relation to the human rights and children’s rights can not be denied.However it can not be denied the fact that most of laws remained just declarative and inapplicable, and did not had the right impact.New legal initiatives should be undertaken. DOI: 10.5901/ajis.2015.v4n3s1p648
Highlights
After the system change in Albania, this was the first international act that Albania ratified on 27 February 1992
Nothingless in the same conditions and elements that form the basis for the determination of refugee status may result in providing different levels of protection of minors of the same family.This exception of being dependent child is not found at the Convention of Children Rights, or child being married under eighteen are not provided as exempted conditions from (CRC)
Even are not provided even procedures for joining the minor with the family of origin which would correspond to the principles of the Convention of Children Rights (CRC).Neither here is not respect the principle of non-discrimination obligation flowing from Convention of Children Rights
Summary
Refugee children face very dangerous risks as much as it relates to their defense and welfare in comparison to common children.The Convention of Children Rights (CRC) is the most ratified treaty all over the world.It constitute the nucleolus of the international law for children rights,and is especially important for refugee children as it determines full standards for them.With the system change Albanian was approaching to reach and apply standards in many fields, including even the ones offering refugees protection conform to international standards.The convention of children rights was ratified even from Albania it has a special importance whose dispositions are find embodied in the most important national acts such as constitution, codes, laws,etc.Via analyses of various levels used in a plan compared to the international standards, with the ones set by the international convention for children’s rights and their execution in national level, is aimed the comparison of each relevant legal act with the convention standard.This by referring to the appropriate articles of the standard part which finds lawful regulation by noticing either correspondence or failure. Is charge of the Albanian state that via analyzing and frequent review of the legislation, to make possible the fulfill of lawful deficiency.The effective defense of refugee children will be possible only if the state will suggest the rights and the guaranteed defense under the convention of Children Rights The initiative of Albanian govern especially in the frame of integrative processes to the UE,the rigorous application of legislation in relation to the refugee, including special categories such as children
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