ABSTRACT

This conclusion presents an overview of key concepts covered in the preceding chapters of this book. The book attempts to identify the rights of the child in CRC which is most relevant to the asylum context, to ascribe meaning to those rights and to examine systematically whether the provisions of the CEAS instruments comply with those rights. It concludes by commenting on possible factors which inhibit full compliance with the rights of the child. Two possible causes are discussed: the fact that the child-rights agenda is overwhelmed by the larger migration-control agenda that drives the CEAS; and the fact that the EU legislator may lack the child-rights capacity necessary to integrate a child-rights perspective into the CEAS effectively. It ends on a positive note, drawing attention to the potential of the best-interests principle, cited in all the CEAS instruments in both phases, to correct any apparent discrepancies between the CEAS and the rights of the child.