Statelessness and Young Children
by nearly all nations, except for the United States.20 To strengthen the CRC and
ensure the needs of young children were not overlooked in policies and
programmes, General Comment No 7: Implementing Child Rights in Early
Childhood (‘GC 7’) was prepared.21 GC 7 recognises that young children have
specific requirements for nurturing, sensitive and emotionally responsive care, the
freedom to play, exploring their environment and learning.22 It upholds the agency
of young children, stating that their views and feelings ought to be respected and
considered in all matters concerning them. 23 These needs should be adequately
planned for and implemented in legislative and policy frameworks. Importantly,
GC 7 underscores the important role of parents and guardians, which includes the
obligation of states not to separate young children from their parents. 24 The
comprehensive array of services to support the development and wellbeing of
young children that are noted in GC 7 begin at birth and include the right to birth
registration. However, all too often, the rights of children who are stateless are not
upheld. Case studies of stateless young children illustrate the challenges
encountered by young children and their families in receiving basic services.
CASE STUDIES OF STATELESS YOUNG CHILDREN
A
Stateless Children in Greece
Greece continues to be an entry point for many people seeking refuge in Europe. 25
The dire consequences of making such journeys were starkly highlighted in 2015
when the body of two-year-old Alan Kurdi washed up on a beach in the
Mediterranean.26 Alan’s death cast a spotlight on the unfolding crisis in Syria that
has led hundreds of thousands of people to flee in search of safety, with more than
850,000 people arriving in Greece in 2015 alone.27 Sadly, such crises continue to
erupt and recent events in Afghanistan have prompted yet another exodus with
thousands of people fleeing the country in fear of their lives in just a few weeks. 28
More than 115,000 people were registered stateless in their applications for
asylum across Europe between 2015 and 2018, including 6,000 children in 2015
20
21
22
23
24
25
26
27
28
‘No 11. Convention on the Rights of the Child’, United Nations Treaty Collection (Web Page)
<https://treaties.un.org/pages/ViewDetails.aspx?src=IND&mtdsg_no=IV-11&chapter=
4&clang=_en>.
General Comment No 7 (2005): Implementing Child Rights in Early Childhood, UN Doc
CRC/C/GC/7/Rev.1 (20 September 2006) (‘GC 7’).
ibid 3 [5].
ibid 5 [11](b).
ibid 8 [18].
Eleni Kakalou et al, ‘Demographic and Clinical Characteristics of Refugees Seeking Primary
Healthcare Services in Greece in the Period 2015–2016: A Descriptive Study’ (2018) 10(6)
International Health 421, 421.
Joel Gunter, ‘Alan Kurdi Death: A Syrian Kurdish Family Forced to Flee’, BBC News (online,
4 September 2015) <https://www.bbc.co.uk/news/world-europe-34141716>.
‘IOM Counts 3,771 Migrant Fatalities in Mediterranean in 2015’, International Organization
for Migration (online, 5 January 2016) <https://www.iom.int/news/iom-counts-3771migrant-fatalities-mediterranean-2015>.
Bernard Siman, ‘Afghan Refugees: Europe Should Develop an Ambitious and Collaborative
Structure’,
Egmont
Commentary
(online,
25
August
2021)
<http://aei.pitt.edu/103615/1/Afghan_refugees_Europe_should_develop_an_ambitious_and
_collaborative_structure_-_Egmont_Institute.pdf>.
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