This book explores the possibility of a children's rights approach to the interpretation of the Refugee Convention. It discusses to what extent the Convention is capable of dealing with claims from children given the two competing ideologies - the child as a vulnerable object in law to be protected and the child as a subject with rights.
This book explores the possibility of a children's rights approach to the interpretation of the Refugee Convention. It discusses to what extent the Convention is capable of dealing with claims from children given the two competing ideologies - the child as a vulnerable object in law to be protected and the child as a subject with rights.Hinweis: Dieser Artikel kann nur an eine deutsche Lieferadresse ausgeliefert werden.
Samantha Arnold is a Post-Doctoral Research Fellow within the Irish National Contact Point of the European Migration Network based in the Economic and Social Research Institute and an Adjunct Assistant Professor in the School of Law at Trinity College Dublin. Samantha completed her PhD in the School of Law, Trinity College Dublin. Her research interests include refugee and immigration law and policy and children's rights. She has published on these and related areas.
Inhaltsangabe
Chapter 1 Introduction Introduction A dichotomy: children's rights and refugee law A children's rights approach Building upon the 'human rights approach' Invisibility in refugee law Locating children's rights in refugee law: Article 6 and the 'Three Ps Approach' Methodology of analysis Chapter 2 Children, childhood and refugee law Abstract Introduction Indicators of childhood and being a child and refugee law A paradigm shift: the emergence of childhood The modern children's rights movement The beginning of the Children's Rights Movement Global childhood Conflicts within the paradigm shift: an externalisation of rights, romanticism and the role of the family A conceptualisation of childhood Limitation to the modern conceptualisation of children's rights Conclusion Chapter 3 International Children's Rights Law Abstract Introduction Origins of children's rights in international law Convention on the Rights of the Child 1989 and life, survival and development Provisional rights Health Standard of living Education Non-discrimination Protection rights Labour exploitation Other forms of economic exploitation Involvement in other illicit trades Military conscription Child marriage Other non-economic forms of harm Participation rights Agency in the Convention on the Right of the Child Determining agency Right to be heard The role of the family in the Convention on the Rights of the Child and provisional, protection and participation rights Children's rights and refugee law - an indirect link? Conclusions Chapter 4 Children in the development of refugee law Abstract Introduction Children and the beginnings of international human rights law (pre-1951) Beginnings of refugee law The historical trajectory of children in the refugee paradigm Modern refugee law under the United Nations Conclusion Chapter 5 A children's rights approach to refugee law? Abstract Introduction Part I Context setting Children within the Refugee Convention and the need for a cross-treaty interpretive approach: some assumptions Bridging the gap: treaty interpretation The challenge of implementing international law International law as national guidance The object and purpose of the Refugee Convention The object and purpose of the Convention on the Rights of the Child Conclusion on objects and purposes A children's rights approach - justification through UN Guidance United Nations High Commissioner for Refugees Committee on the Rights of the Child Challenges in the interpretation of the Refugee Convention in respect of children's rights Part II A brief introduction to persecution Persecution and children Actors of persecution and protection and the role of the family Children who are not eligible for protection: exclusion Convention grounds Conclusion Chapter 6 Constructing a children's rights approach: the application of children's rights in refugee law Abstract Introduction Challenges to consistency in the interpretation of child refugee claims Part I Provisional rights and refugee protection Family Education Conclusion on provisional rights Part II Protection rights and refugee protection Exploitation Labour and trafficking Forced military recruitment and protection of children during conflict Involvement in illicit activities - gangs Other forms of harm: Indiscriminate violence and torture Family as persecutor and protector - unattached children Conclusion on protection rights Part III Participation rights and refugee protection Imputed beliefs Religion Political Opinion Conclusions: participation rights Conclusions A Children's Rights Approach Chapter 7 Conclusions Abstract Introduction Dichotomies A children's rights framework Invisibility in refugee law A bourgeoning children's rights approach to the interpretation of the Refugee Convention Limited case law A children's rights barometer for persecution: present day case law A particular convention ground The findings The questions Moving forward Conclusion
Chapter 1 Introduction Introduction A dichotomy: children's rights and refugee law A children's rights approach Building upon the 'human rights approach' Invisibility in refugee law Locating children's rights in refugee law: Article 6 and the 'Three Ps Approach' Methodology of analysis Chapter 2 Children, childhood and refugee law Abstract Introduction Indicators of childhood and being a child and refugee law A paradigm shift: the emergence of childhood The modern children's rights movement The beginning of the Children's Rights Movement Global childhood Conflicts within the paradigm shift: an externalisation of rights, romanticism and the role of the family A conceptualisation of childhood Limitation to the modern conceptualisation of children's rights Conclusion Chapter 3 International Children's Rights Law Abstract Introduction Origins of children's rights in international law Convention on the Rights of the Child 1989 and life, survival and development Provisional rights Health Standard of living Education Non-discrimination Protection rights Labour exploitation Other forms of economic exploitation Involvement in other illicit trades Military conscription Child marriage Other non-economic forms of harm Participation rights Agency in the Convention on the Right of the Child Determining agency Right to be heard The role of the family in the Convention on the Rights of the Child and provisional, protection and participation rights Children's rights and refugee law - an indirect link? Conclusions Chapter 4 Children in the development of refugee law Abstract Introduction Children and the beginnings of international human rights law (pre-1951) Beginnings of refugee law The historical trajectory of children in the refugee paradigm Modern refugee law under the United Nations Conclusion Chapter 5 A children's rights approach to refugee law? Abstract Introduction Part I Context setting Children within the Refugee Convention and the need for a cross-treaty interpretive approach: some assumptions Bridging the gap: treaty interpretation The challenge of implementing international law International law as national guidance The object and purpose of the Refugee Convention The object and purpose of the Convention on the Rights of the Child Conclusion on objects and purposes A children's rights approach - justification through UN Guidance United Nations High Commissioner for Refugees Committee on the Rights of the Child Challenges in the interpretation of the Refugee Convention in respect of children's rights Part II A brief introduction to persecution Persecution and children Actors of persecution and protection and the role of the family Children who are not eligible for protection: exclusion Convention grounds Conclusion Chapter 6 Constructing a children's rights approach: the application of children's rights in refugee law Abstract Introduction Challenges to consistency in the interpretation of child refugee claims Part I Provisional rights and refugee protection Family Education Conclusion on provisional rights Part II Protection rights and refugee protection Exploitation Labour and trafficking Forced military recruitment and protection of children during conflict Involvement in illicit activities - gangs Other forms of harm: Indiscriminate violence and torture Family as persecutor and protector - unattached children Conclusion on protection rights Part III Participation rights and refugee protection Imputed beliefs Religion Political Opinion Conclusions: participation rights Conclusions A Children's Rights Approach Chapter 7 Conclusions Abstract Introduction Dichotomies A children's rights framework Invisibility in refugee law A bourgeoning children's rights approach to the interpretation of the Refugee Convention Limited case law A children's rights barometer for persecution: present day case law A particular convention ground The findings The questions Moving forward Conclusion
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