The Child in International Refugee Law

International Law

The Child in International Refugee Law

By Jason M. Pobjoy
Cambridge University Press April 2017

Specifications

ISBN-13
9781316627402
Publisher
Cambridge University Press
Publication
April 2017
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Hardback

Details

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.

Table of Contents

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).
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