International law has played an important role in advancing the rights of refugee children. In this paper I consider how international refugee law and international law on the rights of the child might be creatively aligned to respond to the reality that a child seeking international protection is both a child and a refugee.
Specifically the paper examines three contexts – defined as ‘modes of interaction’ – where the Convention on the Rights of the Child (CRC) might be engaged to assist in determining the status of a child seeking international protection. First, the CRC may provide procedural guarantees not otherwise provided under international refugee law. Secondly, the CRC may be invoked as an interpretative aid to inform the interpretation of the Refugee Convention, and in particular the Article 1 definition. Thirdly, the CRC may give rise to an independent source of status outside the international refugee protection regime. These three modes of interaction provide a ‘child rights framework’ for assessing the status of a refugee child.
Refreshments will be provided after the event.
About the speaker
Jason Pobjoy is a barrister at Blackstone Chambers and a PhD candidate at the University of Cambridge, where his research explores the relationship between international refugee law and international law on the rights of the child. He is the founding Chair of the Cambridge Pro Bono Project.
Jason is also an Australian qualified lawyer and practiced for several years as a litigation solicitor. Jason completed a Masters in Law at the University of Melbourne and a Bachelor of Civil Law at the University of Oxford, and he has also been a Research Associate at the Refugee Law Project at Makerere University in Kampala and a Hauser Visiting Doctoral Researcher at New York University School of Law.