Asylum, Participation and the Best Interests of the Child: New Lessons from Norway

Abstract

This article discusses Norway's implementation of the Convention on the Rights of the Child (CRC) in relation to the field of asylum. In particular, we explore the dilemmas and challenges posed by efforts to realise children's right to express their views and have these views given due weight in decision‐making processes as stipulated in Article 12 of the CRC. The Norwegian authorities have sought to uphold this right through the introduction of ‘child conversations’ within the asylum process. As we explain, children's participation may be crucial in terms of revealing persecution and thus the need for protection in accordance with the 1951 Refugee Convention. However, the early experience of implementing child conversations suggests limited usefulness—indeed the practice may be questioned in the light of the primary obligation of states parties to the CRC to attend to children's best interests. Drawing upon experience from Sweden, the article offers suggestions for how the pursuit of children's participation within the Norwegian asylum system might be developed to ensure that it genuinely serves their best interests.

‘No one gives you a chance to say what you are thinking’: finding space for children's agency in the UK asylum system

“…Similar patterns can be seen elsewhere (Halvorsen 2005; Spinhoven et al. 2006; Liden and Rusten 2007).…”

“…The central problem remains that children are mainly defined as dependents if they arrive with their families and as either passive, vulnerable victims or as adults masquerading as children if they arrive on their own (Bhabha 2007). As long as the emphasis is primarily on the vulnerability of children, interviewers and decisionmakers will fail to engage with them as social actors (Liden and Rusten 2007). In order to find a space for children in the asylum system, recognition needs to be given not only to vulnerability but also to the principle of child agency or voice.…”

Interviewing children in custody cases: Implications of research and policy for practice

“…There are many recent examples around the globe where children serve as informants for researchers and policy-makers. For instance, MacNaughton, Hughs, and Smith (2007) described how the Department of Education in Australia consulted with 3-to 4-year-olds to revise gender-equity policies in schools; Leonard (2007) studied Irish youths' personal accounts of life in a highly contested interface area of northern Belfast in order to designate safe environments; and Lidén and Rusten (2007) examined families seeking asylum in Norway. Similar to custody cases, of particular concern in the latter study was how best to reconcile the states' obligation to the child's best interests with the child's right to express his or her views and have these views given due weight in decision-making processes.…”

Belonging and participation in liminality: Unaccompanied children in Finland and Sweden

“…Boyden (2001) notes that children's participation in contexts of forced migration tends to be restricted due to manifestations of power and adult perspectives on the child's best interest. Moreover, challenges in implementing the CRC for refugee children in families in Norway, and especially the right to participate, are, according to Lidén and Rusten (2007), due to the demands of the asylum system. Barry (2002: 251-252) argues that the mismatch between the protection and participation of children in care could damage their long-term development in two ways: too high expectations and too much independence at an early age might curb the child's willingness to take responsibility for their own life later.…”