This Article is written by Ms. SRI ROSHINI NAKKA, a 3rd year student of DSNLU, Visakhapatnam.
ABSTRACT
Protecting the rights of migrant children, particularly those seeking refuge as young refugees, is a complex and critically important challenge under international law. These vulnerable individuals often face immense hurdles during their journeys and within receiving countries, necessitating a robust legal framework and dedicated efforts to uphold their fundamental rights. This article will discuss on migrant children and international law, which will refer to the rights of these child refugees as well.
INTRODUCTION
Under the UN Convention Relating to the Status of Refugees (UN General Assembly 1951), a person on the move whose movements are based on a well-founded fear of persecution in their own country is considered a refugee. In terms of international and national legislation, as well as their lived, existential experiences, refugees can be distinguished.
The labels “child” and “refugee” together designate a minority category known as “refugee child,” with a unique basis for protection. The Convention on the Rights of Child’s Preamble recognises that being a child warrants special “safeguards,” “care,” and “legal protection,” even though the 1951 Convention does not specifically mention children. Article 22 adds more requirements pertaining to refugee children, who must be treated in the same manner as any other citizen child.
People become refugees due to armed conflicts, social injustice, and the effects of climate change. This includes children who are left alone or cut off from their homes and relatives. Statistics over the past ten years indicate that the number of refugee children has doubled. International law recognises the right to be a child, and UNICEF and partner organisations work to protect children by implementing child protection initiatives and identifying solutions that are necessary to enable refugee children to integrate into society.
Children, teenagers, and young refugees are regularly subjected to various sorts of abuse, exploitation, separation, neglect, violence, exploitation, or abusive recruitment in crisis situations when they are not protected by family or relations. They are to be protected and provided with the basic rights. The United Nations Convention on the Rights of the Child (CRC) recognises refugee children as rights-bearers, although modern states’ policies and practices do not always uphold these rights.
UNIVERSAL PROTECTION:
Convention on the Rights of the Child (CRC): The paramount legal framework, guaranteeing all children, regardless of nationality or status, fundamental rights to survival, development, protection, and participation. The United Nations Convention on the Rights of the Child (UNCRC), was unanimously adopted on 20th November 1989 by the United Nations General Assembly. The four fundamental principles of CRC are principle of best interest of child, principle of non-discrimination, principle of participation and principle of life, survival and development affirms.
The Convention outlines the precise means by which children can exercise their civil, political, economic, social, and cultural rights and advocates for a wide variety of these rights: – defining a child as any individual who is younger than eighteen; – civil rights and freedoms, such as the right to a name, nationality, freedom of expression, association, and information access; – the family environment and alternative care, which includes the right to live with parents, the right to reunion or maintenance of the child-parent relationship (if the child was separated from them), and the necessary alternative care.
Proving with adequate standard of living, the rights of children with disabilities, the right to health and medical care, social security, social assistance services, and an adequate standard of living; – education, culture, and cultural activities, including the right to education, educational purposes (UNESCO took ahead this with various projects for developing education for children) , and the right to play, recreation, and involvement in cultural life; – special safeguards, such as the rights of children deprived of their liberty, those involved in armed conflict, the administration of juvenile justice, and children suffering from economic, sexual, or other exploitation. These are provided in the convention for rights of children.
Both Article 22 and Article 23 IN Convention on the rights of child, provide particular care to children who are refugees or have disabilities, so placing these two marginalised categories of children on an equal basis with all other children. This inclusive status is especially important for kids whose status as refugees could be exploited against them as “alien others,” preventing them from receiving domestic recognition and protection or dividing them into groups based on merit.
f the best interests of the child affirms the need for all decisions concerning the
child to be taken in the interests of the child, not of the adult; the principle of
non-discrimination: all rights must be applied to all children without any
discrimination. The State and the national government of every country must
promote children rights and protect them in front of discrimination; the
principle of participation affirms the requirement that children participate in
decision-making process; the principle of life, survival and development affirms
the inherent right to life and the obligation of the public authorities to provide
the proper framework for the development of a child’s potential.
f the best interests of the child affirms the need for all decisions concerning the
child to be taken in the interests of the child, not of the adult; the principle of
non-discrimination: all rights must be applied to all children without any
discrimination. The State and the national government of every country must
promote children rights and protect them in front of discrimination; the
principle of participation affirms the requirement that children participate in
decision-making process; the principle of life, survival and development affirms
the inherent right to life and the obligation of the public authorities to provide
the proper framework for the development of a child’s potential.
f the best interests of the child affirms the need for all decisions concerning the
child to be taken in the interests of the child, not of the adult; the principle of
non-discrimination: all rights must be applied to all children without any
discrimination. The State and the national government of every country must
promote children rights and protect them in front of discrimination; the
principle of participation affirms the requirement that children participate in
decision-making process; the principle of life, survival and development affirms
the inherent right to life and the obligation of the public authorities to provide
the proper framework for the development of a child’s potential.
f the best interests of the child affirms the need for all decisions concerning the
child to be taken in the interests of the child, not of the adult; the principle of
non-discrimination: all rights must be applied to all children without any
discrimination. The State and the national government of every country must
promote children rights and protect them in front of discrimination; the
principle of participation affirms the requirement that children participate in
decision-making process; the principle of life, survival and development affirms
the inherent right to life and the obligation of the public authorities to provide
the proper framework for the development of a child’s potential.
he best interests of the child affirms the need for all decisions concerning the
child to be taken in the interests of the child, not of the adult; the principle of
non-discrimination: all rights must be applied to all children without any
discrimination. The State and the national government of every country must
promote children rights and protect them in front of discrimination; the
principle of participation affirms the requirement that children participate in
decision-making process; the principle of life, survival and development affirms
the inherent right to life and the obligation of the public authorities to provide
the proper framework for the development of a child’s potential.
he best interests of the child affirms the need for all decisions concerning the
child to be taken in the interests of the child, not of the adult; the principle of
non-discrimination: all rights must be applied to all children without any
discrimination. The State and the national government of every country must
promote children rights and protect them in front of discrimination; the
principle of participation affirms the requirement that children participate in
decision-making process; the principle of life, survival and development affirms
the inherent right to life and the obligation of the public authorities to provide
the proper framework for the development of a child’s potential.
he best interests of the child affirms the need for all decisions concerning the
child to be taken in the interests of the child, not of the adult; the principle of
non-discrimination: all rights must be applied to all children without any
discrimination. The State and the national government of every country must
promote children rights and protect them in front of discrimination; the
principle of participation affirms the requirement that children participate in
decision-making process; the principle of life, survival and development affirms
the inherent right to life and the obligation of the public authorities to provide
the proper framework for the development of a child’s potential.
Refugee Convention 1951 and 1967 Protocol also Grant legal status and specific protections to children fleeing persecution, guaranteeing access to asylum procedures and non-refoulement (protection from return to potentially harmful situations).
UN Convention against Transnational Organized Crime (UNTOC): Combats human trafficking, a particular threat to migrant children, especially unaccompanied ones.
UNICEF AND CHILD PROTECTION:
In order to provide all refugee children with equal rights and opportunities, UNICEF recommends six actions:
- Regardless of their origins, give all refugee children the same level of support.
The way in which the Ukraine refugee issue has been handled has shown what can be accomplished when one opens up systems of education, health care, and social security, as well as possibilities for families to find employment and assimilation. All refugee children must be welcomed by their countries, regardless of the nature of the refugee crisis. Governments must protect everyone’s right to apply for and be granted asylum, as well as provide all refugees with greater access to resettlement and other long-term alternatives.
- Admit refugee children as children first and foremost, endowing them with participation and protection rights.
Governments must work to integrate refugee children into national child protection systems as soon as possible, invest in empowering and up skilling refugee youth, and guarantee that youth- and refugee-led organisations have a voice in local and international fora where decisions and policies that impact them are made in order to uphold every child’s and young person’s right to protection and participation.
- Take in the families and children of refugees.
Refugees, local communities, and economies all gain from faster social and economic development when refugee families have access to essential health, education, and social protection services. Regardless of their immigration or asylum status, all refugee children should be enrolled in the country’s educational institutions and have access to social protection, free and high-quality healthcare, and social assistance.
- Defend refugee children from prejudice and bigotry.
Everyone must work together to safeguard refugee children from prejudice and xenophobia, including local politicians, religious organisations, NGOs, the media, and the commercial sector. Everyone has a role to play in welcoming uprooted children into our towns and communities and fighting xenophobia. Plans for long-term integration should be created by governments, funds should be set aside to improve community services that benefit everyone, and youth involvement opportunities should be made available.
- Put an end to juvenile immigration detention and damaging border management methods.
Children and their families may find themselves stuck in nations where they do not wish to remain, are not welcome, or have poor opportunities due to border restrictions and forceful pushback measures. There is universal agreement that detaining minors for immigration purposes violates their human rights and is never in their best interests. States must maintain the right of entry and protection for minors who are applying for asylum, as well as put in place workable alternatives to incarceration for all children.
- Give young refugees the freedom to express their abilities.
Securing safety is only the first step. Refugee children and their families require opportunity to recover, educate them, find employment, and prosper once they are safe. In order to effectively bridge the gap between aspirations and opportunities and to unlock the potential and wealth of their untapped talent, UNICEF calls on governments, policy makers, donors, and partners from the public and private sectors as well as civil society to increase recognition of and investment in the mental health, resilience, and wellbeing of refugee children and youth.
CHALLENGES AND AREAS OF FOCUS:
Detention: Despite international prohibitions, migrant children, including young refugees, still face detention in many countries. Advocacy efforts aim to end this practice and prioritize alternative care.
Family Separation: Separating children from their families during migration disrupts their well-being and violates their right to family unity. Preventing separation and facilitating reunification are crucial priorities.
Access to Education and Healthcare: Ensuring these basic rights for migrant children, particularly in host countries, remains a challenge requiring dedicated resource allocation and policy adjustments.
Psychological Support: The trauma and upheaval experienced by young refugees necessitate access to specialized mental health services and psychosocial support tailored to their unique needs.
Ensuring the rights of migrant children and young refugees requires unwavering commitment on multiple levels:
Stronger National Legislation and Implementation: Align domestic laws with international standards and prioritize child-centered migration policies.
International Cooperation and Partnerships: Collaboration between states, NGOs, and other stakeholders is vital for effective protection and assistance.
Public Awareness and Advocacy: Raising public understanding of the challenges faced by young refugees and mobilizing support for their rights are crucial aspects of achieving lasting change.
By advocating for robust legal frameworks, implementing effective policies, and fostering international cooperation, we can work towards a future where the rights of all migrant children, including young refugees, are effectively protected and respected.
CONCLUSION:
Besides these international conventions General Principle of Non-Discrimination, Prohibits any distinction based on migration status, ensuring migrant children receive equal rights and access to services, also provide for protection and non-discrimination of child refugees. Guiding Principles on the Alternatives to Immigration Detention of Children, emphasize the harmful nature of detention and prioritize family unity, community-based care, and age-appropriate support for young refugees. International Convention on the Protection of All Migrant Workers and Members of Their Families ensures certain rights for migrant children, including education and access to basic services.
The State bears the primary responsibility for safeguarding children, necessitating the establishment and execution of appropriate child protection mechanisms in compliance with international commitments, guaranteeing the equitable protection of all children falling under its purview. Additionally, it is also the responsibility of international organisations and organisations to support access for children who are refugees, internally displaced, or stateless as well as to develop national and international child protection systems and services.
REFERRENCE
- This article The Rights of Refugee Children and the UN Convention on the Rights of the Child Laws 2019was originally written by Lawrence, J.A.; Dodds, A.E.; Kaplan, I.; Tucci, M.M. published on DOI.org website. The link for the same is herein.
. https://doi.org/10.3390/laws8030020.
- This article Divergent Discourses, Children and Forced Migration, was originally written by Doná, Giorgia, and Angela Veale, published on Journal of Ethnic and Migration Studies. The link for the same is herein.
- This article was originally written by Toderici, Ovidiu, “CHILDREN’S RIGHTS. REFLECTIONS ON THE PROTECTION OF THE REFUGEE CHILDREN.”
- https://www.coe.int/en/web/children/migration#:~:text=The%20Council%20of%20Europe%20aims,the%20European%20Convention%20for%20Human.
- https://www.unicef.org/children-uprooted/six-actions-refugee-children#:~:text=To%20ensure%20every%20refugee%20child,a%20seat%20at%20the%20table.
- https://www.unicef.org/media/115601/file/%20UNHCR-UNICEF-Child-Protection-Blueprint%E2%80%93A-Fair-Deal-for-Refugee-Children.pdf.
- https://www.unicef.org/child-protection#:~:text=UNICEF%20works%20in%20more%20than,children%20and%20to%20support%20survivors.
- Convention of the rights on child, https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-rights-child.
- The United Nations Convention on the Rights of the Child (UNCRC), https://www.ohchr.org/en/professionalinterest/pages/crc.aspx.