Paper short abstract:

The aim of the article is to evaluate the complementary role of the Convention on the Rights of the Child, with particular reference to the best interest of the child principle, in deciding upon internationally displaced children's plight.

Paper long abstract:

Children suffer the most from the greatest emergency of our times - the refugee crisis. They constitute over half of the population of internationally displaced persons. In addition to their vulnerable position, they encounter endless obstacles on their way to a dignified childhood and the enjoyment of basic human rights. From the moment they are displaced, through the process of asylum seeking and long after being granted or refused a refugee status they are subjected to a wide array of rights violation. Therefore, it is argued that the best interest of the child may serve as an independent source of protection, especially for unaccompanied children. Additionally, the best interest standard serves as a rule of procedure in all stages of deciding upon a child's plight. Despite a great potential of the best interest principle, its vagueness may serve as a tool for prejudice and bias towards children from non-Western culture. The article, therefore, provides an overview of selected mechanisms available and seeks to establish the relevance of the best interest principle to refugee and asylum seeking children protection.