A children’s rights approach to refugee law?

This chapter seeks to establish whether or not a children’s rights approach to the interpretation of the Refugee Convention is possible. This chapter shows that there is a precedent for one human rights regime influencing another, generally, and international children’s rights law influencing refugee law, specifically. This is done by looking at general rules of treaty interpretation. The object and purpose of both the Convention on the Rights of the Child (CRC) and the Refugee Convention are analysed to identify if there is scope for cross-treaty interpretation. Guidance from the Committee on the Rights of the Child and the United Nations High Commissioner for Refugees (UNHCR) are principal sources in the justification for the potential for a children’s rights approach. Chapter 5 also looks at some key terminology relating to the interpretation of the Refugee Convention concerning children. The definition of ‘refugee’, the interpretation of persecution and the convention grounds in their application in children’s cases are examined.