Issues Of The European Union's Protection Of The Rights Of Refugee Children And Its Enlightenment

As of now,half of the world's refugees are children under the age of 18.The thesis takes the protection of the rights of refugee children in European Union(hereafter "EU")as the breakthrough point,and analyzes the problems,causes and its implications.Although the EU has extensive legislative and practical experience in protecting the rights of refugee children,existing norms and measures still have problems of impairing refugee children's right to access remedies,right of personal liberty,right of family reunification and so on.The main causes of these problems includes the vulnerability and developmental characteristics of refugee children have led to the application of the norms to refugee children that do not meet the requirements of international law to protect their rights,the norms lack the enforceability.Based on the analysis of the problems and its causes,the thesis further proposes suggestions for improving the protection of the rights of the refugee children in international law.The main content of the thesis is as follows:First,the thesis reviews the norms and measures of the EU's protection of the rights of refugee children.First of all,the thesis collates the norms of protecting the rights of refugee children,including treaties,directives,and policy documents.Secondly,the thesis outlines measures to protect the rights of refugees in children,including immigration supervision measures,judicial supervision measures and assistance and protection actions.The EU's norms and practices in protecting the rights of refugee children have played a major role in ensuring the best interests of refugee children.Second,the thesis analyzes the problems and its causes of the EU's protection of the right relating the entry of refugee children.First of all,the EU returns refugee children according with the safe third-country rule and the first-arrival country rule is inconsistent with the application of the non-refoulement principle to refugee children,and hinders the realization of refugee children's right to relief;Secondly,the EU's detention of refugee children does not meet the requirements of necessity,reasonableness,and proportionality,and damages refugee children's right of personal liberty and security.Third,the thesis analyzes the problems and its causes of the EU's protection of the right relating the residence of refugee children.The EU's norms for the protection of the rights of refugee children are not enforceable,and the judicial supervision of European Court of Justice cannot be fully realized,leading the EU and its member states to abuse discretion on the basis of political considerations and to restrict the rights of refugee children,including the right to family reunification,the right to education,the right to social security and so on.Fourth,the thesis proposes suggestions for improving the protection of refugee children's rights under the international law.First of all,we must increase the special applicable rules to refugee children for the entry examination.At the normative level,it is necessary to increase the special applicable standards for refugee children,including the non-refoulement right and the best interests of refugee children.At the procedural level,special procedures for refugee children should be regulated,specialized agency and supervision agency should be set up,the review process should be simplified,and alternative measures for detention should be applied.Secondly,it is necessary to increase global assistance and protection to protect the right of residence for refugee children.At the legislative level,we must improve the protection of global normative documents and clarify the special applicability to refugee children.In practice,we must give full play to the role of the United Nations in supervising and expand the cooperation actions to aid and protect refugee children and achieve their best interests.Thirdly,China can play its role in protecting the rights of refugee children.As a responsible big country,China should take its responsibility in accordance with its own capabilities.China can not only make full use of the United Nations Peace and Development Trust Fund,provide humanitarian assistance for the protection of refugee children,but also actively participate in the international cooperation,to contribute to the protection of the rights of refugee children worldwide.