The Best Interests of the Child Principle as an Independent Source of International Protection
J. M. Pobjoy, “The best interests of the child principle as an independent source of protection” (2015) 64(2) International Comparative Law Quarterly 327
43 Pages Posted: 30 Oct 2015
The Convention on the Rights of the Child, and the best interests principle codified in Article 3 in particular, is playing an increasingly significant role in decisions involving the admission or removal of a child from a host State. This article examines the extent to which the best interest principle may provide an independent source of international protection. That protection may, for instance, proscribe the removal of a child from a host State notwithstanding that the child is ineligible for protection as a refugee or protection under the more traditional non-refoulement obligations in international human rights law.
Keywords: best interests, children, complementary protection, Convention On The Rights Of The Child, human rights, Refugee Convention, refugee law
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