Children's Rights and Refugee Law

Chapter One Introduction 1. Introduction 1.1 Dichotomy: children's rights and refugee law 1.2 A children's rights approach 1.2.1 Building upon the 'human rights approach' 1.2.1.1 Children as subjects of law and the Refugee Convention 1.3 Invisibility in refugee law 1.4 Locating children's rights in refugee law: Article 6 and the 'Three Ps Approach' 1.5 Methodology of analysis Chapter 2 Children, childhood and refugee law Abstract 2. Introduction 2.1 Indicators of childhood and being a child and refugee law 2.2 A paradigm shift: the emergence of childhood 2.3 The modern children's rights movement 2.3.1 The beginning of the Children's Rights Movement 2.4 Global childhood 2.5 Conflicts within the paradigm shift: an externalisation of rights, romanticism and the role of the family 2.6 A conceptualisation of childhood 2.7 Conclusion Chapter 3 International Children's Rights Law Abstract 3. Introduction 3.1 Origins of children's rights in international law 3.2 Convention on the Rights of the Child 1989 and life, survival and development 3.3 Provisional rights 3.3.1 Health 3.3.2 Standard of living 3.3.3 Education 3.3.4 Non-discrimination 3.4 Protection rights 3.4.1 Labour exploitation 3.4.2 Other forms of economic exploitation 3.4.3 Involvement in other illicit trades 3.4.4 Military conscription 3.4.5 Child marriage 3.4.6 Other non-economic forms of harm 3.4.6.1 Indiscriminate violence 3.4.6.2 Torture, inhuman or degrading treatment or punishment 3.5 Participation rights 3.5.1 Agency in the CRC 3.5.2 Determining agency 3.5.2.1 Right to be heard 3.6 The role of the family in the CRC and provisional, protection and participation rights 3.7 Children's rights and refugee law - an indirect link? 3.8 Conclusions Chapter Four Children in the development of refugee law Abstract 4. Introduction 4.1 Children and the beginnings of international human rights law (pre-1951) 4.2 Beginnings of refugee law 4.3 The historical trajectory of children in the refugee paradigm 4.4 Modern refugee law under the United Nations 4.5 Conclusion Chapter Five A children's rights approach to refugee law? Abstract 5. Introduction Part I 5.1 Context setting 5.2 Children within the Refugee Convention and the need for a cross-treaty interpretive approach: some assumptions 5.3 Bridging the gap: treaty interpretation 5.4 The challenge of implementing international law 5.4.1 International law as national guidance 5.5 The object and purpose of the Refugee Convention 5.6 The object and purpose of the CRC 5.7 Conclusion on objects and purposes 5.8 A children's rights approach -justification through UN Guidance 5.8.1 UNHCR 5.8.2 Committee on the Rights of the Child 5.9 Challenges in the interpretation of the Refugee Convention in respect of children's rights Part II 5.10 A brief introduction to persecution 5.10.1 Persecution and children 5.10.1.1 Persecution in UNHCR Guidance 5.10.1.2 Persecution in practice 5.10.2 Actors of persecution and protection and the role of the family 5.10.3 Children who are not eligible for protection: exclusion 5.10.4 Convention grounds 5.10.4.1 Children as a particular social group 5.10.4.1.1 Childhood as an immutable characteristic and refugee law 5.10.4.2 Race and nationality 5.10.4.3 Religion and political opinion 5.11 Conclusion Chapter Six Constructing a children's rights approach: The application of children's rights in refugee law Abstract 6. Introduction 6.1 Challenges to consistency in the interpretation of child refugee claims Part I 6.2 Provisional rights and refugee protection 6.2.1 Family 6.2.2.1 Right to the highest attainable standard of health 6.2.2.2 Adequate standard of living 6.2.3 Education 6.2.4 Conclusion on provisional rights Part II 6.3 Protection rights and refugee protection 6.3.1 Exploitation 6.3.2 Labour and trafficking 6.3.3 Forced military recruitment and protection of children during conflict 6.3.4 Involvement in illicit activities - gangs 6.3.5 Other forms of harm: Indiscriminate violence and torture 6.3.6 Family as persecutor and protector - unattached children 6.3.7 Conclusion on protection rights Part III 6.4 Participation rights and refugee protection 6.4.1 Structure of Part III 6.4.2 Imputed beliefs 6.4.3 Religion 6.4.3.1 Female genital mutilation revisited 6.4.3.2 Child marriage 6.4.3.3 Sexual orientation and gender identity 6.4.4 Political opinion 6.4.5 Conclusions: Participation rights 6.5 Conclusions 6.5.1 A Children's Rights Approach Chapter Seven Conclusions Abstract 7. Introduction 7.1 Dichotomies 7.2 A children's rights framework 7.3 Invisibility in refugee law 7.4 A bourgeoning children's rights approach to the interpretation of the Refugee Convention 7.5 Limited case law 7.6 A children's rights barometer for persecution: present day case law 7.7 A particular convention ground 7.8 The findings 7.9 The questions 7.10 Moving forward 7.11 Conclusion