ISBN:
9781138052710
Language:
English
Pages:
x, 207 Seiten
Series Statement:
Law and migration
Parallel Title:
Erscheint auch als Arnold, Samantha Children's rights and refugee law
Dissertation note:
Dissertation Trinity College Dublin
DDC:
342.08/3
Keywords:
Office of the United Nations High Commissioner for Refugees
;
Convention on the Rights of the Child History
;
Convention on the Rights of the Child 〈(1989 November 20)〉
;
Children Legal status, laws, etc
;
Children (International law)
;
Children's rights
;
Refugees Legal status, laws, etc
;
Refugees Protection
;
International cooperation
;
Refugee children Legal status, laws, etc
;
Refugee children Legal status, laws, etc
;
Children (International law)
;
Children's rights
;
Hochschulschrift
;
Kind
;
Menschenrecht
;
Asylrecht
;
Kind
;
Menschenrecht
;
Asylrecht
Abstract:
"Children make up half of the world's refugees and over 40 per cent of the world's asylum seekers. Yet, children are largely invisible in historical and contemporary refugee law. Furthermore, there has been very limited interaction between the burgeoning children's rights framework, in particular the Convention on the Rights of the Child (CRC), and the 1951 Convention relating to the Status of Refugees (Refugee Convention). This book explores the possibility of a children's rights approach to the interpretation of the Refugee Convention and within that what such an approach might look like. In order to construct a children's rights approach, the conceptualisations of children outside the legal discipline, within international children's rights law and then within refugee law and refugee discourse are analysed. The approach taken is socio-legal and comparative in nature and the suitability of the Refugee Convention as a framework for the interpretation of child claims is examined. The book analyses to what extent the Refugee Convention is capable of dealing with claims from children based on the modern conceptualisation of children which is underscored by two competing ideologies - the child as a vulnerable object in law to be protected and the child as subject with rights and the capacity to exercise their agency. The influence each regime has had on the other is also analysed. The work discusses how a children's rights approach might improve outcomes for child applicants. The book makes an original contribution to child refugee discourse and as such will be an invaluable resource for academics, researchers and policy-makers working in the areas of migration and asylum law, children's rights, and international human rights law' --
Abstract:
Children, childhood and refugee law -- International children's rights Law -- Children in the development of refugee law -- A children's rights approach to refugee law -- Constructing a children's rights approach: the application of children's rights in refugee law
Note:
Includes bibliographical references and index
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