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Child Refugee Asylum as a Basic Human Right

Selected Case Law on State Resistance

  • Book
  • © 2018

Overview

Authors:
  1. Sonja C. Grover

    1. Faculty of Education, Lakehead University, Thunder Bay, Canada

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  • Discusses the child's right to asylum as a basic human right
  • Discusses the scope of the child's right to asylum given the child's privileged status under international human rights and humanitarian law
  • Considers relevant international and domestic case law concerning child refugees and child asylum seekers
  • Provides recommendations for modifications of child refugee policy and State law to further compliance with international law requirements

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Table of contents (6 chapters)

  1. Front Matter

    Pages i-xi
    Download chapter PDF

  2. Introduction: Contesting Barriers to Child Refugee Asylum

    • Sonja C. Grover
    Pages 1-15

  3. The Intersection of Collective and Individual Child Refugee Asylum Seeker Rights

    • Sonja C. Grover
    Pages 17-70

  4. ‘Pushback’ and ‘Extraterritorial Collective Migration Control Measures’ Imposed on Child Refugee Asylum Seekers

    • Sonja C. Grover
    Pages 71-114

  5. ‘Unaccompanied Child Refugee Asylum Seekers’ as a Persecuted ‘Social Group’

    • Sonja C. Grover
    Pages 115-156

  6. Child Refugees and Recent U.S. Migration Control Strategies

    • Sonja C. Grover
    Pages 157-223

  7. In Defence of Non-Refoulement

    • Sonja C. Grover
    Pages 225-237

  8. Back Matter

    Pages 239-245
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Keywords

About this book

This book addresses the intersection of various domains of international law (refugee law, human rights law including child rights international law and humanitarian law) in terms of the implications for State obligations to child refugee asylum seekers in particular; both as collectives and as individual persons. How these State obligations have been interpreted and translated into practice in different jurisdictions is explored through selected problematic significant cases. Further, various threats to refugee children realizing their asylum rights, including refoulement of these children through State extraterritorial and pushback migration control strategies, are highlighted through selected case law. The argument is made that child refugee asylum seekers must not be considered, in theory or in practice, beyond the protection of the law if the international rule of law grounded on respect for human dignity and human rights is in fact to prevail.

Authors and Affiliations

  • Faculty of Education, Lakehead University, Thunder Bay, Canada

    Sonja C. Grover

Bibliographic Information

  • Book Title: Child Refugee Asylum as a Basic Human Right

  • Book Subtitle: Selected Case Law on State Resistance

  • Authors: Sonja C. Grover

  • DOI: https://doi.org/10.1007/978-3-319-78013-9

  • Publisher: Springer Cham

  • eBook Packages: Law and Criminology, Law and Criminology (R0)

  • Copyright Information: Springer International Publishing AG, part of Springer Nature 2018

  • Hardcover ISBN: 978-3-319-78011-5Published: 04 June 2018

  • Softcover ISBN: 978-3-030-08599-5Published: 26 December 2018

  • eBook ISBN: 978-3-319-78013-9Published: 24 May 2018

  • Edition Number: 1

  • Number of Pages: XI, 245

  • Topics: Human Rights, International Humanitarian Law, Law of Armed Conflict, Child and School Psychology

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