The Interplay Between the 1951 Geneva Refugee Convention and the 1989 UN Convention on the Rights of the Child

The interplay between the 1951 Refugee Convention and the 1989 Convention on the Rights of the Child (CRC) is of particular importance, as children today make up around 41% of all refugees. The Refugee Convention grants subsidiary international protection for persons who have legally or de facto lost the protection of their home state because it either persecutes them or exposes them to persecution by non-state actors. The Convention contains various substantial guarantees for recognized refugees and persons seeking refugee status. However, it does not contain any explicit provision on refugee children. This is precisely where Article 22 CRC comes into play, which states that refugee children are entitled to “appropriate protection and humanitarian assistance”. The essay delineates the definition of what is meant by a “refugee child” in the light of both Article 22 CRC and Article 1A(2) of the Refugee Convention. Furthermore, it works out that Article 22 CRC can strengthen the Refugee Convention’s scant commitment to children’s rights. This is particularly evident in the CRC’s requirements for the treatment of children in asylum procedures, which are not addressed at all in the Refugee Convention.

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Publication Details

Journal
Laws
Published
2026-04-15
DOI
https://doi.org/10.3390/laws15020031
Primary Topic
Education and experiences of immigrants and refugees
Type
article
Field-Weighted Citation Impact
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article

The Interplay Between the 1951 Geneva Refugee Convention and the 1989 UN Convention on the Rights of the Child

Stefanie Schmahl
Laws
Education and experiences of immigrants and refugees
article

The Interplay Between the 1951 Geneva Refugee Convention and the 1989 UN Convention on the Rights of the Child

Stefanie Schmahl
article en

Abstract

The interplay between the 1951 Refugee Convention and the 1989 Convention on the Rights of the Child (CRC) is of particular importance, as children today make up around 41% of all refugees. The Refugee Convention grants subsidiary international protection for persons who have legally or de facto lost the protection of their home state because it either persecutes them or exposes them to persecution by non-state actors. The Convention contains various substantial guarantees for recognized refugees and persons seeking refugee status. However, it does not contain any explicit provision on refugee children. This is precisely where Article 22 CRC comes into play, which states that refugee children are entitled to “appropriate protection and humanitarian assistance”. The essay delineates the definition of what is meant by a “refugee child” in the light of both Article 22 CRC and Article 1A(2) of the Refugee Convention. Furthermore, it works out that Article 22 CRC can strengthen the Refugee Convention’s scant commitment to children’s rights. This is particularly evident in the CRC’s requirements for the treatment of children in asylum procedures, which are not addressed at all in the Refugee Convention.

LawsVol. 15(2)
University of Würzburg (DE)
Reduced inequalities
Openalex Percentile: Top 22%
Education and experiences of immigrants and refugees
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