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Children's Rights and Refugee Law - Conceptualising Children within the Refugee Convention (Paperback)
Loot Price: R1,327
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Children's Rights and Refugee Law - Conceptualising Children within the Refugee Convention (Paperback)
Series: Law and Migration
Expected to ship within 12 - 17 working days
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Children make up half of the world's refugees and over 40 per cent
of the world's asylum seekers. However, children are largely
invisible in historical and contemporary refugee law. Furthermore,
there has been very limited interaction between the burgeoning
children's rights framework, in particular the Convention on the
Rights of the Child (CRC), and the 1951 Convention relating to the
Status of Refugees (Refugee Convention). This book explores the
possibility of a children's rights approach to the interpretation
of the Refugee Convention and within that what such an approach
might look like. In order to construct a children's rights
approach, the conceptualisations of children outside the legal
discipline, within international children's rights law and then
within refugee law and refugee discourse are analysed. The approach
taken is socio-legal and comparative in nature and the suitability
of the Refugee Convention as a framework for the interpretation of
child claims is examined. The book analyses to what extent the
Refugee Convention is capable of dealing with claims from children
based on the modern conceptualisation of children, which is
underscored by two competing ideologies: the child as a vulnerable
object in law to be protected and the child as subject with rights
and the capacity to exercise their agency. The influence each
regime has had on the other is also analysed. The work discusses
how a children's rights approach might improve outcomes for child
applicants. The book makes an original contribution to child
refugee discourse and as such will be an invaluable resource for
academics, researchers and policymakers working in the areas of
migration and asylum law, children's rights and international human
rights law.
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