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Nykänen (2001)
Protecting Children? The European Convention on Human Rights and Child Asylum SeekersEuropean Journal of Migration and Law, 3
This article discusses Norway's implementation of the Convention on the Rights of the Child (CRC) in relation to the field of asylum. In particular, we explore the dilemmas and challenges posed by efforts to realise children's right to express their views and have these views given due weight in decision‐making processes as stipulated in Article 12 of the CRC. The Norwegian authorities have sought to uphold this right through the introduction of ‘child conversations’ within the asylum process. As we explain, children's participation may be crucial in terms of revealing persecution and thus the need for protection in accordance with the 1951 Refugee Convention. However, the early experience of implementing child conversations suggests limited usefulness—indeed the practice may be questioned in the light of the primary obligation of states parties to the CRC to attend to children's best interests. Drawing upon experience from Sweden, the article offers suggestions for how the pursuit of children's participation within the Norwegian asylum system might be developed to ensure that it genuinely serves their best interests.
Children & Society – Wiley
Published: Jul 1, 2007
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