Best interests of the child in refugee status determination

Abstract

This thesis investigates how the best interests of the child, as outlined in Article 3(1) of the United Nations Convention on the Rights of the Child, should be taken into account in refugee status determinations (RSD) conducted by states under the Convention Relating to the Status of Refugees. Utilizing doctrinal legal research, the study analyzes relevant articles of both Conventions through general treaty interpretation rules and human rights-specific interpretative techniques. The research relies predominantly on official guidance from the United Nations Refugee Agency and the Committee on the Rights of the Child, supplemented by case law.

The study concludes that the best interests of the child must be integrated into the RSD process in two distinct ways: by ensuring that the substantive assessment of the child’s refugee claim is child-sensitive and by making the RSD process child-friendly through procedural and evidentiary safeguards. A child-sensitive interpretation of the refugee definition in Article 1 A (2) of the Refugee Convention emphasizes the child’s age, maturity, specific needs and vulnerabilities. The procedural and evidentiary safeguards highlight the necessity for a flexible and considerate approach to make a child’s voice heard in the process.

Overall, the thesis provides a detailed framework for applying the best interests of the child in refugee status determination within the confines of existing international law. By making the best interests of the child a primary consideration in refugee status determination, states can uphold the fundamental rights of children and contribute to a more just and humane refugee protection system.