A hostile environment for children? The rights and best interests of the refugee child in the United Kingdom’s asylum law

Brittle, R. ORCID: 0000-0002-9307-5137, 2019. A hostile environment for children? The rights and best interests of the refugee child in the United Kingdom’s asylum law. Human Rights Law Review, 19 (4), pp. 753-785. ISSN 1461-7781

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Abstract

Children fleeing persecution, torture, ill-treatment, exploitation and violence, cross international borders to seek protection in another state because they have lost the protection of their home state. When a child seeks international protection, the framework of rights under the Convention on the Rights of the Child (CRC) and the best interests principle should guide a state to determine the child's status and protection needs. However, a child's rights and protection needs clash with a state's interest in immigration control, which determines who can enter and remain in the state. The UK government’s ‘hostile environment' policy applies to all adults and children who enter the UK irregularly, and have no right to remain. I argue that the UK's approach violates its international obligations under the CRC. This article analyses how the children's rights framework, in particular the 'best interests' principle, challenges the UK's 'hostile environment' policy.

Item Type: Journal article
Publication Title: Human Rights Law Review
Creators: Brittle, R.
Publisher: Oxford University Press
Date: 31 December 2019
Volume: 19
Number: 4
ISSN: 1461-7781
Identifiers:
NumberType
10.1093/hrlr/ngz028DOI
1337974Other
Divisions: Schools > Nottingham Law School
Record created by: Linda Sullivan
Date Added: 12 Feb 2021 11:46
Last Modified: 31 May 2021 15:06
URI: http://irep.ntu.ac.uk/id/eprint/42280

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