Protection and ‘The Best Interests of the Child’—The Convention on the Rights of the Child


in Complementary Protection in International Refugee Law

Published in print February 2007 | ISBN: 9780199203062
Published online March 2012 | e-ISBN: 9780191724169 | DOI:

Series: Oxford Monographs in International Law

Protection and ‘The Best Interests of the Child’—The Convention on the Rights of the Child

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The near-universal ratification1 of the Convention on the Rights of the Child (CRC) underscores its authority as a set of international norms setting down the minimum rights which States owe to children. This chapter argues that the best interests of the child, reflecting an absolute principle of international law, are highly relevant in determining whether or not a child needs international protection. The principle applies to any protection claim concerning children, irrespective of whether they are unaccompanied, accompanied by family members (even where the child is not the primary applicant), or seeking family reunion. In conjunction with the principle of family unity in article 9 CRC, best interests are also relevant to removal cases which will personally affect a child, such as where the State seeks to deport a parent.

Keywords: CRC; children; international law; family members; family reunion; international protection; human rights treaties

Chapter.  12416 words. 

Subjects: Public International Law

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