Article 22: Refugee children

Convention text

1.

If a child seeks refugee status or is considered a refugee under national or international law or relevant procedures, that child must receive protection and assistance in accordance with the rights set out in this Convention and in other international human rights and humanitarian agreements. This applies whether the child is accompanied by their parents or others, or is unaccompanied. The countries that have signed the Convention agree on this and must take measures to ensure it.

2.

To ensure this, these countries must cooperate with the United Nations and with other intergovernmental or non-governmental organisations in protecting and assisting such a child. They must also help to trace the child’s parents or other family members in order to obtain the information necessary for family reunification. If no parents or other family members can be found, the child must receive the same protection as any other child who does not live with their family, as set out in this Convention.

Key point

A child who is a refugee has the right to protection and assistance from the government. This applies whether the child is alone or with their parents. If the child is alone, the government must try to trace their parents or family members. If this is not possible, the child must receive the same protection as other children who do not receive care from their parents.

Explanation

Children who flee to another country must receive protection and assistance from the government, whether they arrive alone or with their parents. Like all other children, they also have the right to everything set out in the Convention. This means that the same rights that apply to children in the Netherlands also apply to children who have fled there.

The government must cooperate with the United Nations and with other intergovernmental or non-governmental organisations to protect and support refugee children. In an intergovernmental organisation, governments of different countries work together, while a non-governmental organisation works for the public good but is not part of a government.

For children who have fled to the Netherlands on their own, the government must do more. It must try to find out who the child’s family members are. If this is successful, the family can be reunited. If not, the child must receive the same protection as children who do not, or do not temporarily, receive care from their parents.

More information

General Comment No. 6 on the Convention provides guidance on the treatment of unaccompanied and separated children living outside their country of origin.