CLINIC

 

Sign up for enews

Login Logout Search

An International Human Right to Free Legal Counsel for Unaccompanied and Separated Children in U.S. Immigration Proceedings

B. THE CONVENTION ON THE RIGHTS OF THE CHILD AND THE UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES

 As a preliminary matter, a brief introduction to the Convention on the Rights of the Child, the Committee on the Rights of the Child, the United Nations High Commissioner for Refugees and the Executive Committee of the United Nations High Commissioner for Refugees is provided.  This treaty and bodies speak to the rights of UASC.

 

1. The Convention on the Rights of the Child

 The Convention on the Rights of the Child (“CRC” or “Convention”) is the paramount international human rights treaty dedicated to the rights of children. Every nation except two has ratified the CRC; the United States and Somalia have, however, signed the treaty,[1] and as a consequence, are obliged under international law to act in a manner consistent with the treaty’s object and purpose.[2]  In the very least, advocates can use the CRC for its persuasive value before policymakers and judges in the United States.  If and when the Unites States ratifies and implements the CRC, advocates will then be able to argue that its provisions are binding in the Unites States.  That would also be the case if a determination is made that some or all of the CRC’s provisions have become customary international law.

 

 


[1] See http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-11&... (last accessed December 6, 2010)

[2] Vienna Convention on the Law of Treaties, Article 18.