The
United Nations High Commissioner for Refugees recently published
guidelines for the treatment of child asylum seekers. Though not binding law, the document should be useful for those representing children in asylum claims, and hopefully for pushing forward the state of asylum law for children in the United States. Some highlights:
- The guidelines draw on principles established in the Convention on the Rights of the Child, namely State obligations to protect children's rights without regard to national origin and immigration status; the paramount importance of promoting the best interests of the child; States parties' duty to ensure the survival and development of the child; and the child's right to have her views taken into account when deciding matters that affect her.
- The child's age, stage of development, vulnerability, and knowledge and/or memory of conditions in the country of origin should all be taken into account when determining eligibility for asylum.
- The guidelines note that where the child is the principal applicant for asylum (e.g. a child seeking protection from FGM), the parents can be granted derivative asylum status based on the child's grant of asylum.
- When determining whether children have a well-founded fear of persecution, decisionmakers should consider that children may experience socioeconomic deprivation and psychological harm more severely than adults.
- Noting the growing consensus on the illegality of recruiting children under 18 into direct participation in armed conflict, the guidelines find that such forced recruitment by state or non-state actors constitutes persecution.
- Trafficked children at risk of re-trafficking or serious reprisals have a well-founded fear of future persecution. The use of children in slavery, forced labor, prostitution, pornography, and the drug trade are all instances of persecution.
- Domestic violence against children may be considered persecution and/or torture.
- "Children" may constitute a particular social group, as may street children, children affected by HIV/AIDS, and children recruited by an armed force or group.
The United Nations High Commissioner for Refugees recently published guidelines for the treatment of child asylum seekers. Though not binding law, the document should be useful for those representing children in asylum claims, and hopefully for pushing forward the state of asylum law for children in the United States. Some highlights:
