Evaluating the role of UNCRC in safeguarding the rights of displaced children: Challenges and strategies for enforcing the best interest principle

Abstract

Background: A cornerstone of international human rights legislation, the United Nations Convention on the Rights of the Child (UNCRC) was created to safeguard all children's rights without exception. Although its rules are theoretically applicable to displaced children, including internally displaced children, refugees, and asylum seekers, their actual application is still uneven and insufficient. The practical efficacy of the UNCRC in protecting the rights of displaced children is critically examined in this essay, with an emphasis on the best interests of the child premise. The research aimed to identify legal and structural gaps, assess compliance issues, and propose reforms to improve protection and accountability in line with international child rights standards. Method: This study employed a qualitative doctrinal legal research approach, analyzing international instruments like the UNCRC and regional legal frameworks. It critically examines case law, reviews secondary sources, and conducts semi-structured interviews with legal experts and child rights advocates. The combined legal and empirical approach provides a comprehensive assessment of the effectiveness of existing mechanisms in protecting displaced children's rights. Results: The UNCRC's implementation of child rights norms for displaced children faces significant challenges. State-centric sovereignty considerations often override international commitments, limiting uniformity. Selective compliance and lack of enforcement measures further undermine accountability. Inconsistent practices in refugee and asylum proceedings affect children due to fragmented international collaboration. Resource constraints, particularly in low-income areas or conflict-affected areas, hinder effective implementation. These factors undermine the best interest's principle's practical application and limit the UNCRC's capacity to provide effective protection for displaced children. Conclusion: The study suggests reforms to address protection gaps in children's rights, including enhancing accountability frameworks, expanding tribunal jurisdiction, streamlining refugee and asylum procedures, and codifying the best interest's principle as a binding legal standard.