Abstract
The 21st century phenomenon of “global displacement” is particularly concerning when it comes to children. Childhood is a critical period of accelerated growth and development. These processes can be negatively affected by the many stressors to which refugee and asylum-seeking children are subjected. The United Nations Convention on the Rights of the Child (CRC) is the most ratified human rights treaty in history, with 196 States Parties (SPs). The CRC provides a framework of 54 articles outlining government responsibilities to ensure the protection, promotion, and fulfillment of rights of all children within their jurisdictions. Among these are the rights of refugee and asylum-seeking children, declared under Article 22 of the CRC. Refugee and asylum-seeking children, similarly to all other children, are entitled to their rights under the CRC and do not forgo any right by virtue of moving between borders. The hosting governments, as SPs to the CRC, are the primary duty bearers to fulfill these rights for the children entering their country. This manuscript provides an overview of the health and developmental ramification of being displaced for refugee and asylum-seeking children. Then, an in-depth analysis of the provisions under Article 22 is presented and the responsibilities of SPs under this article are described. The paper provides some international examples of strengths and shortcomings relating to these responsibilities and closes with a few concluding remarks and recommendations.
Highlights
Background and ContextThe United Nations Convention on the Rights of the Child (CRC) is the first human rights treaty that has considered a series of unique human rights for children
Countries become States Parties (SPs) to the CRC and have the obligation to (a) harmonize their domestic laws and policies with the CRC so that internal systems do not contradict any provision, (b) implement all rights articulated under the CRC for children within their jurisdiction, and (c) monitor and report the process of implementation of the CRC to a Geneva-based committee known as the United Nations
The right to inclusive education settings guaranteed to disabled children under Article 24 of the Convention on the Rights of Persons with Disabilities is extended to all children, including refugee and asylum-seeking children, under the CRC through the joint application of Articles 2, 22, 28 and 29 [37,38]
Summary
The United Nations Convention on the Rights of the Child (CRC) is the first human rights treaty that has considered a series of unique human rights for children. Violations of children’s rights have grave ramifications, when they happen in a systemic manner and on a massive scale Such is the case in relation to the rights of refugee and asylum-seeking children. The host States, who have a clear set of obligations under the CRC, fail to fulfill their responsibilities for refugee and asylum-seeking children and by doing so, subject children to a discriminatory treatment. Such discrimination can adversely impact children’s health and development, and violate their human rights under the CRC. Throughout this manuscript, the term “these children” will refer to children who are “ . . . seeking refugee status or who [are] considered [refugees] in accordance with applicable international or domestic law and procedures, whether unaccompanied or accompanied by [their] parents” under Article 22 of the CRC, unless a special sub-category of these children, such as unaccompanied children, are the topic of discussion, in which case they will be identified [1]
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