Between Protection and Punishment: a Critical Analysis of the UK’s Approach to Safeguarding the Rights of Unaccompanied Minors

Melina Otifeh

This paper aims to navigate the complex terrain of refugee law with a child-centric approach, evaluating whether the UK adequately safeguards the rights of unaccompanied children. Section One introduces the international legal framework and appraises the strengths and caveats of the UNCRC and 1951 Refugee Convention (‘the Convention’). Sections Two- Four focus on the UK’s domestic legal frameworks, which are essential for operationalising the protections envisioned by the international framework. Four barriers to protection are examined: (i) the criminalisation of unaccompanied children, (ii) citizenship and deportation, (iii) age assessment procedures and (iv) unsafe accommodation and detention practices. This paper will conclude that whilst the UK’s domestic legislation is in compliance with its international obligations, its asylum procedures ultimately fail to adequately safeguard unaccompanied children. A framework recognising vulnerability (as opposed to chronological age) as the appropriate threshold and determinative factor for safeguarding would better support the rights of unaccompanied minors and age-disputed individuals.

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