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Book Cover
E-book
Author Smyth, Ciara

Title European Asylum Law and the Rights of the Child
Published Hoboken : Taylor and Francis, 2014

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Description 1 online resource (263 pages)
Series Routledge Research in Asylum, Migration and Refugee Law
Routledge research in asylum, migration and refugee law.
Contents Cover; Half Title; Title Page; Copyright Page; Dedication; Table of Contents; Acknowledgements; List of acronyms; Introduction; 1 Introduction to European asylum law; Introduction; The 1951 Convention regime; Relevant international human rights law; The EU Common European Asylum System; The evolution of the Common European Asylum System; Overview of the key instruments of the CEAS; Conclusion; 2 Introduction to the rights of the child and their relationship to European asylum law; Introduction; The rights of the child; Note on the 'theory gap'
Overview of the rights in the CRC as they relate to the asylum contextThe nature of the legal obligation in the CRC; The relationship between the rights of the child and European asylum law; An indirect channelling; Some complications in the EU-fundamental rights nexus; Conclusion; 3 The right of the child to seek and qualify for international protection; Introduction; The right of the child to seek international protection; The existence of a right of the child to seek international protection; Phase One CEAS: Compliance with the right of the child to seek international protection
Phase Two CEAS: Prospects for enhanced complianceThe right of the child to qualify for international protection; The relevance of the rights of the child to eligibility for international protection; Phase One CEAS: Eligibility concepts and the rights of the child; Phase Two CEAS: Eligibility concepts and the rights of the child; Conclusion; 4 The right of the child to be heard; Introduction; The right of the child to be heard; The right to a hearing; The conduct of the hearing; The evaluation of the child's views; Phase One CEAS: Compliance with the right of the child to be heard
The right to a hearingThe conduct of the hearing; The evaluation of the child's views; Phase Two CEAS: Prospects for enhanced compliance; The right to a hearing; The conduct of the hearing; The evaluation of the child's views; Conclusion; 5 The right of the child to protection and care; Introduction; The right of the child to family unity; The concept of derived rights; The prohibition on separating a child from his/her parents; Phase One CEAS: Compliance with the right of the child to family unity; The concept of derived rights; The prohibition on separating a child from his/her parents
Phase Two CEAS: Prospects for enhanced complianceThe concept of derived rights; The prohibition on separating a child from his/her parents; The right of the unaccompanied and separated child to special protection and assistance; Identification of the child entitled to special protection and assistance; Oversight of care and protection; The provision of alternative care; Phase One CEAS: Compliance with the right of the unaccompanied and separated child to special protection and assistance; Identification of the child entitled to special protection and assistance
Summary The child asylum seeker poses unique challenges for reception and refugee status determination systems, not least because the child is entitled to have his or her rights as a child respected as a matter of international and regional human rights law. In the last decade the European Union has increasingly engaged with children's rights, with the entry into force of the Lisbon Treaty in December 2009, and a new Article 3(3) of the Treaty on European Union that commits the Union to promoting the 'protection of the rights of the child.' This book addresses the question of whether the Com
Notes Oversight of care and protection
Print version record
Subject Asylum, Right of -- European Union countries
Children's rights -- European Union countries
LAW -- Constitutional.
LAW -- Public.
Asylum, Right of
Children's rights
European Union countries
Form Electronic book
ISBN 9781135120207
113512020X