I soon will begin interviews for my research, which I very much look forward to.
For those who may be interested, below is an updated version of my research summary and research questions.
The United Nations Convention on the Rights of the Child (CRC) declares the rights that should be ensured for all children. Norway is one of few countries that has incorporated the Convention into national legislation. Article 12, which describes a form of children’s participation, the child’s “right to be heard,” indicates that children should have the right and autonomy to be heard, or to choose not to be, in matters concerning them. Yet, in practice, this right does not often play out in this manner. Some scholars advocate that Article 12 should include a greater emphasis on children’s autonomy rights and support than on the “right to be heard.” By reframing Article 12 (i.e. with a greater emphasis on autonomy), it may be more feasible to effectively implement Article 12 rights in different social contexts, including that of immigration. In the Norwegian asylum process, unaccompanied minor asylum seekers (UAM) must provide credible evidence for asylum, primarily in the asylum interview testimony. Such testimony, which often requires UAM to articulate difficult or traumatic experiences, at times repeatedly, is central to the success of an asylum case. However, research demonstrates that harm can result from children having to (repeatedly) articulate trauma. Further, participation in the asylum process often manifests as the fulfillment of procedural requirements. Thus, although Article 12 rights imply that children should have the autonomy to decide whether or not to speak and participate, participation in the asylum context may not entail (or actually limit) such autonomy for UAM, and further, may be harmful to UAM. Research methodology includes semi-structured, qualitative interviews with professionals and textual analysis of policy and legal documents. This research asks the following questions:
- How are United Nations Convention on the Rights of the Child (CRC) Article 12 and participation rights implemented for unaccompanied minor asylum seekers (UAM) in the Norwegian asylum process?
- Where and how do UAM participate in the asylum process?
- To what extent do UAM have choices and experience autonomy in if and how they participate at different stages in this process?
- Some scholars argue that Article 12 should be reframed, replacing the child’s “right to be heard” with an emphasis on the child’s autonomy rights and support. Is this discussion of reframing Article 12 with an emphasis on autonomy rights taking place in the asylum context?
- How feasible is effective implementation of Article 12 rights and enhancement of autonomy rights for UAM, considering procedural and systemic realities of the asylum system?
- To what extent and in what ways does Article 12 directly guide professionals (e.g. legal guardians, lawyers, interviewers) working with UAM in the asylum process? How do professionals facilitate the participation and autonomy of UAM in the asylum process?
- How could reframing Article 12 to include a greater emphasis on autonomy (rather than simply the “right to be heard”) help to effectively implement Article 12 and autonomy rights in the asylum context?
“This blog (Fulbright in Bergen: fulbrightbergen.home.blog) is not an official site of the Fulbright Program or the U.S. Department of State. The views expressed on this site are entirely those of [its author, Olive Dwan] and do not represent the views of the Fulbright Program, the U.S. Department of State, or any of its partner organizations.”