ABSTRACT
This chapter shows that the best interests of the child, reflecting an absolute principle of international law, are highly relevant in determining whether or not a child needs international protection. The 1924 Declaration of the Rights of the Child was the first international instrument exclusively to address the special needs of children, and the 1946 I.R.O. Accompanied children's protection claims are typically subsumed in the 'primary' application of another family member, usually the parent or legal guardian, and if a protection status is accorded, the child's status is derivative. The liberal application of the best interests principle in Sweden provides a model for the incorporation of human rights principles into determination proceedings for international protection. The attributes that define children are immutable characteristics, whereas refugee definitions may change or develop over time. If a line is to be drawn, a child is foremost a child before he or she is a refugee, and protection needs must be assessed accordingly.
