Refugee children are identified as rights-bearers by the United Nations Convention on the Rights of the Child (CRC), but their rights are not uniformly honored in the policies and practices of contemporary states. How the CRC's safeguards for refugee children's rights are honored depends partly on what it means to be 'a refugee child' and partly on how the claims of refugee children's rights are recognized, respected, and implemented in international and national legal and bureaucratic systems. We examine the CRC's affirmation of the rights of the child and analyze the CRC's articles in relation to the rights related to the life circumstances of refugee children and state responsibilities. Following an analysis of resistance to the CRC's mandates by contemporary states, we relate refugee children's rights to their refugee and developmental experiences and argue for repositioning refugee children into the center of protection dialogue and practice, internationally and nationally.interpret as a current refugee crisis and populist politics, contemporary states favor national well-being and border security over the well-being of refugee children. We examine evidence that states have worked to relegate refugee children to the margins of protection discourse and to the margins of society. There are persistent tendencies to either overlook refugee children as invisible or to deny that they are children or refugees. We argue for a radical repositioning of refugee children into the center of the protection dialogue and into the center of state policy and practice. Only such a central position will give refugee children the due respect that is responsive to the intermingling of their refugee and developmental experiences and support their rights to develop fully in the present and future as envisaged in the CRC Preamble. 2
Identifying a Refugee ChildThe concepts of 'child' and 'refugee' are not consistently defined across disciplines, although both concepts are critical structural markers for positioning this doubly vulnerable group as children distinct from adults and refugees distinct from citizens. How refugee children's rights are recognized and enacted in legal and immigration systems is largely dependent on how refugee children are defined as being children and refugees.
A ChildThere is no generic or typical child. Children differ from each other in many ways, including the defining characteristic of being a child distinct from an adult. The adult/child distinction may seem simple-children and adults are distinguished by age, where age is a rough marker of different periods of the life cycle. The simplicity of this distinction, however, is deceptive. Age-lines and the boundaries of life periods are moveable and vary within and across individuals in relation to personal experience and the sociocultural context. Each child is bodily embedded in a specific historical and cultural time and place that give her age meaning. Consider, for instance, a girl who is 12 years of age in the early 19th, 20th, or 21st century. Not ...