The Child in International Refugee Law

The first comprehensive study of the challenges faced by children in establishing entitlement to refugee protection.

Jason M. Pobjoy (Author)

9781107175365, Cambridge University Press

Hardback, published 27 April 2017

362 pages
25.4 x 17.9 x 2.4 cm, 0.78 kg

'… this book starts a conversation that has been needed for a long time, and will undoubtedly be considered by scholars and decision makers alike.' Sarah Staples, AmeriQuests (www.ameriquests.org)

Children are the victims of some of the most devastating examples of state-sanctioned and private human rights abuse. In increasing numbers, they are attempting to find international protection, and are forced to navigate complex administrative and legal processes that fail to take into account their distinct needs and vulnerabilities. The key challenges they face in establishing entitlement to refugee protection are their invisibility and the risk of incorrect assessment. Drawing on an extensive and original analysis of jurisprudence of leading common law jurisdictions, this book undertakes an assessment of the extent to which these challenges may be overcome by greater engagement between international refugee law and international law on the rights of the child. The result is the first comprehensive study on the manner in which these two mutually reinforcing legal regimes can interact to strengthen the protection of refugee children.

Introduction
1. Situating the refugee child in international law
2. The child and the refugee status determination process
3. An age-sensitive assessment of risk
4. A child rights framework for identifying persecutory harm
5. Nexus to a convention ground
6. The convention on the rights of the child as a complementary source of protection
Conclusions
Annex 1. CRC, preamble and Articles 1 to 41
Annex 2. Refugee Convention, preamble and Article 1
Annex 3. Final act of the Conference of Plenipotentiaries, Recommendation B (principle of family unity).

Subject Areas: Human rights & civil liberties law [LNDC]