CRC/GC/2005/6
page 21
(d)
Child-sensitive assessment of protection needs, taking into account persecution of a
child-specific nature
74.
When assessing refugee claims of unaccompanied or separated children, States shall take
into account the development of, and formative relationship between, international human rights
and refugee law, including positions developed by UNHCR in exercising its supervisory
functions under the 1951 Refugee Convention. In particular, the refugee definition in that
Convention must be interpreted in an age and gender-sensitive manner, taking into account the
particular motives for, and forms and manifestations of, persecution experienced by children.
Persecution of kin; under-age recruitment; trafficking of children for prostitution; and sexual
exploitation or subjection to female genital mutilation, are some of the child-specific forms and
manifestations of persecution which may justify the granting of refugee status if such acts are
related to one of the 1951 Refugee Convention grounds. States should, therefore, give utmost
attention to such child-specific forms and manifestations of persecution as well as gender-based
violence in national refugee status-determination procedures.
75.
Staff involved in status-determination procedures of children, in particular those who are
unaccompanied or separated, should receive training on adopting an application of international
and national refugee law that is child, cultural, and gender-sensitive. To properly assess asylum
claims of children, information on the situation of children, including those belonging to
minorities or marginalized groups, should be included in government efforts to collect
country-of-origin information.
(e)
Full enjoyment of all international refugee and human rights by children granted
refugee status (art. 22)
76.
Unaccompanied or separated children recognized as refugees and granted asylum do not
only enjoy rights under the 1951 Refugee Convention, but are also entitled to the fullest extent to
the enjoyment of all human rights granted to children in the territory or subject to the jurisdiction
of the State, including those rights which require a lawful stay in the territory.
(f)
Children to benefit from complementary forms of protection
77.
In the case that the requirements for granting refugee status under the 1951 Refugee
Convention are not met, unaccompanied and separated children shall benefit from available
forms of complementary protection to the extent determined by their protection needs. The
application of such complementary forms of protection does not obviate States’ obligations to
address the particular protection needs of the unaccompanied and separated child. Therefore,
children granted complementary forms of protection are entitled, to the fullest extent, to the
enjoyment of all human rights granted to children in the territory or subject to the jurisdiction of
the State, including those rights which require a lawful stay in the territory.
78.
In line with the generally applicable principles and, in particular, those relating to the
responsibilities of States with regard to unaccompanied or separated children finding themselves
in their territory, children who are neither granted refugee status nor benefiting from
complementary forms of protection, will still enjoy protection under all norms of the Convention
as long as they remain de facto within the States’ territories and/or subject to its jurisdiction.
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