Refugee children suffer from war or other forms of persecution in their countries of origin, many even continue to suffer human rights violations in the countries in which they seek asylum. Around half of the world's refugees are children, yet their rights and special supporting and protection needs as children are frequently neglected. The human rights violations that force children to flee from their homes are only a part of the hardships for many child refugees. Even after travelling across an international border to seek refuge, they remain vulnerable to hazardous labour exploitation, denial of education, physical abuse, routine detention, sexual abuse, cross-border attacks, militarization of refugee camps, and recruitment as soldiers.
The purpose of this study is to provide an overview of the circumstances of refugee children, the UN-Convention on the Rights of the Child and describe the asylum-juridical contact with refugee children in the Federal Republic of Germany and above all examine, whether and to which extent this contact is contradictory to the central concern of the UN-Convention on the Rights of the Child.
B) The circumstances of refugee children
Adolescent- and child refugees are differentiated into accompanied and unaccompanied. Accompanied are those who flee with their parents and siblings, members of their family or other important bonding figures and role models. It is assumed that currently around 100,000 unaccompanied minors exist as refugees in Europe.
Children and adolescents are the most vulnerable and in need of support and protection. When children are removed from their normal cultural, economical and social environment, it may generate serious psychological problems such as a disruption of the emotional development and a profound sense of disorientation due to loss of role models like parents and relatives.
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Table of Contents
A) Introduction
B) The circumstances of refugee children
C) The United Nations Convention on the Rights of the Child
D) Refugee children in the Federal Republic of Germany
I. Countries of Origin and fleeing reasons
II. The National Coalition for the Implementation of the UN Convention on the Rights of the Child in Germany (NC)
III. Children's Rights in the view of German Federal Law
E) Conclusion
Objectives and Core Themes
This assignment examines the precarious situation of refugee children in the Federal Republic of Germany, specifically evaluating how German asylum practices align or conflict with the standards set forth by the UN-Convention on the Rights of the Child (UN-CRC).
- The psychological and physical vulnerabilities of refugee children.
- The legal framework of the UN-Convention on the Rights of the Child.
- Institutional efforts in Germany, specifically the National Coalition (NC).
- The discrepancies between German federal law and international child protection standards.
- The impact of political reservations on the rights of unaccompanied minors.
Excerpt from the Book
C) The United Nations Convention on the Rights of the Child
Internationally there are different agreements on the Rights of a child, for example the 1984 United Nations Convention Against Torture, the 1969 Organisation of African Unity Convention and the leading 1989 UN Convention on the Rights of the Child (UN-CRC), which specify and demand children’s rights, including those of refugee children. It is noteworthy that the understanding of childhood is changing. In the mentioned agreements, children are no longer seen as the possession of their parents, particularly the father, or as incomplete adults, but as people with their own right in a special phase their lives. They are considered valuable in themselves and worthy of support, protection, though needing assistance and instruction for their development. This view also caused a change regarding their rights and the duties of those who if falls upon to support them. Governments and other institutions are now obliged to provide decent living conditions for children, which encourages their development. This has to be seen as a duty and not a mere moralistic pretence of sympathy.
The UN-CRC was passed on the 20th of November, 1989. 41 articles formulate fundamental rights, especially those concerning children.
Article 1 UN-CRC regulates for whom these rights are applicable. It states how old a person has to be, to be considered as a child and therefore protected by the Convention. According to this a child is every person who has not yet completed their eighteenth year of life, unless there is a different regulation in the law of the signatory states.
Summary of Chapters
A) Introduction: Sets the stage by highlighting the extreme hardships faced by refugee children and defining the study's goal to evaluate German asylum practices against the UN-CRC.
B) The circumstances of refugee children: Discusses the categorization of refugee children and the significant psychological impacts resulting from their loss of cultural and social environments.
C) The United Nations Convention on the Rights of the Child: Details the historical shift in the perception of children's rights and outlines the fundamental legal protections provided by the UN-CRC.
D) Refugee children in the Federal Republic of Germany: Examines the specific situation in Germany, including origin countries, the role of the National Coalition, and the legal challenges faced by minors under German federal law.
E) Conclusion: Summarizes the unsatisfactory implementation of the UN-CRC in Germany and calls for urgent reforms, including the retraction of government reservations.
Keywords
Refugee children, UN-Convention on the Rights of the Child, UN-CRC, asylum law, Federal Republic of Germany, unaccompanied minors, child welfare, human rights, National Coalition, legal protection, deportation, psychological development, international law, childhood vulnerability, political asylum.
Frequently Asked Questions
What is the fundamental focus of this assignment?
The assignment explores the gap between international legal standards for child protection and the reality of how refugee children are treated within the German asylum system.
What are the central themes discussed in this work?
The paper covers the psychological vulnerabilities of refugee children, the framework of the UN-CRC, the institutional advocacy of the National Coalition, and the restrictive nature of German asylum laws.
What is the primary objective of this research?
The main goal is to examine whether and to what extent German asylum practices contradict the core principles of the UN-Convention on the Rights of the Child.
Which scientific methodology is applied here?
The work utilizes a qualitative approach, analyzing legal conventions, government reports, human rights studies, and statistical data regarding the welfare of refugee children.
What topics are covered in the main section of the paper?
The main body investigates the definition of refugee status, the specific protective mandates of the UN-CRC, the role of the National Coalition in Germany, and critical issues like age determination and deportation.
Which keywords best characterize this work?
Key terms include refugee children, UN-CRC, asylum policy, human rights, unaccompanied minors, and child welfare.
How does German law treat unaccompanied minors regarding asylum procedures?
German law often forces minors over the age of 16 to be responsible for their own complex asylum procedures, frequently ignoring their status as protected persons under international standards.
What is the significance of the "reservation explanation" mentioned in the text?
Germany ratified the UN-CRC with reservations, which allows the government to treat foreign children differently than German children, effectively limiting the applicability of the Convention for refugee minors.
- Quote paper
- Stephan Müller (Author), 2008, The general situation of refugee children in view of the UN-Convention on the Rights of the Child and their status in the Federal Republic of Germany , Munich, GRIN Verlag, https://www.grin.com/document/115764
