Legal Protection of Refugee and Migrant Children

Approximately 36.1 million children are considered as members of the global migration population. Ensuring full enjoyment of rights under the CRC and other international law for this group of children remains crucial. This chapter describes and analyzes the international legal framework pertaining to the protection of refugee children and irregular immigrant children. For practical purposes, certain implementation aspects are highlighted with Norway and Denmark as examples. The authors do not purport to exhaust all aspects of children’s rights in this regard but only to present selected topics of particular importance. To this end, general principles of the CRC as applicable to children in migrant situations are outlined, including non-discrimination, participation, best interests of the child, and the right to life, survival, and development. Access to the territory of the destination country and admission into the correct procedures for determining the legal status of the child constitute preconditions for the enjoyment of rights and are subject to scrutiny. CRC provisions and other legal instruments regarding reception conditions and the right to services are discussed, as well as substantive and procedural aspects of a child-sensitive refugee status determination procedure. Finally, detention pending deportation is explored with a child rights approach.
In conclusion, the authors point to the apparent dichotomy between the normative safeguarding of children on the move and certain migration control measures adopted by states. The authors, nonetheless, maintain the importance of reinforcing the normative framework and stress the non-political and humanitarian nature of providing such protection to the above-mentioned children.