Twice traumatised: assessing the unaccompanied refugee child's right to family unity and reunification

Abstract

"Chapter II will examine the right to family unity and reunification as provided by the various international and regional instruments. The rigt to family unity and reunification in regard to the concept of state sovereignty, definition of terms and concepts, the scope of application and generally the extent of humanitarian and human rights obligation of states under international law. The concept of family as it applies under these instruments and their regions of application will also be examined. Chapter III will examine state practice in this area generally, legislation relating to and affecting the implementation of the rights to family unity and reunification, case law jurisprudence (where applicable), administrative and procedural challenges and how these impact on the implementation of these rights. The jurisprudence of the European Commission and Court as well as the framework of the European Union, the United States and Canada (which are major asylum countries in North America) and the regime under the African human rights system will be discussed. Chapter IV will examine the framework of specialised agencies, particularly the International Committee of the Red Cross (ICRC) and the United Nationas Office of the High Commission for Refugees (UNHCR), in the implementation of these rights. The responsibility for realising family reunification for the unaccompanied refugee child rests on both the states and specialised agencies. This chapter will examine the various documents on the protection of the unaccompanied refugee child's rights to family unity and reunification by the UNHCR, ICRC and other specialized agencies and NGOs especially in the area of family tracing, unity and reunificaiton rights of the refugee child during the conflict. This chapter will also examine other alternatives to family reunification such as fostering, adoption and institutional care. The aims is to determine how successful these agencies have been in the realisation of their mandate as it related to the family rights of the unaccompanied refugee child. Chapter V will make recommendations on more effective ways for implementing the rights." -- Introduction.