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The Rights of Refugee Children and the UN Convention on the Rights of the Child

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  • Jeanette A. Lawrence

    (Melbourne School of Psychological Sciences, The University of Melbourne, Melbourne VIC 3010, Australia
    Victorian Foundation for the Survivors of Torture, Melbourne VIC 3122, Australia)

  • Agnes E. Dodds

    (Victorian Foundation for the Survivors of Torture, Melbourne VIC 3122, Australia
    Melbourne Medical School, The University of Melbourne, Melbourne VIC 3010, Australia)

  • Ida Kaplan

    (Victorian Foundation for the Survivors of Torture, Melbourne VIC 3122, Australia)

  • Maria M. Tucci

    (Victorian Foundation for the Survivors of Torture, Melbourne VIC 3122, Australia)

Abstract

Refugee children are identified as rights-bearers by the United Nations Convention on the Rights of the Child (CRC), but their rights are not uniformly honored in the policies and practices of contemporary states. How the CRC’s safeguards for refugee children’s rights are honored depends partly on what it means to be ‘a refugee child’ and partly on how the claims of refugee children’s rights are recognized, respected, and implemented in international and national legal and bureaucratic systems. We examine the CRC’s affirmation of the rights of the child and analyze the CRC’s articles in relation to the rights related to the life circumstances of refugee children and state responsibilities. Following an analysis of resistance to the CRC’s mandates by contemporary states, we relate refugee children’s rights to their refugee and developmental experiences and argue for repositioning refugee children into the center of protection dialogue and practice, internationally and nationally.

Suggested Citation

  • Jeanette A. Lawrence & Agnes E. Dodds & Ida Kaplan & Maria M. Tucci, 2019. "The Rights of Refugee Children and the UN Convention on the Rights of the Child," Laws, MDPI, vol. 8(3), pages 1-22, August.
    • Handle: RePEc:gam:jlawss:v:8:y:2019:i:3:p:20-:d:262816
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    References listed on IDEAS

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    1. Derluyn, Ilse, 2018. "A critical analysis of the creation of separated care structures for unaccompanied refugee minors," Children and Youth Services Review, Elsevier, vol. 92(C), pages 22-29.
    2. Graeme Hugo, 2014. "Change and Continuity in Australian International Migration Policy," International Migration Review, Wiley Blackwell, vol. 48(3), pages 868-890, September.
    3. Coffey, Guy J. & Kaplan, Ida & Sampson, Robyn C. & Tucci, Maria Montagna, 2010. "The meaning and mental health consequences of long-term immigration detention for people seeking asylum," Social Science & Medicine, Elsevier, vol. 70(12), pages 2070-2079, June.
    4. Rania, Nadia & Migliorini, Laura & Fagnini, Lucia, 2018. "Unaccompanied migrant minors: A comparison of new Italian interventions models," Children and Youth Services Review, Elsevier, vol. 92(C), pages 98-104.
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    1. Jeanette A. Lawrence & Agnes E. Dodds & Ida Kaplan & Maria M. Tucci, 2022. "Ambivalence towards the Protection of Refugee Children: A Developmental Relational Approach," IJERPH, MDPI, vol. 19(3), pages 1-14, January.

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