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Asylum-seeking Children

Affiliation to Norway or the ‘Home Country’

Bibliographic Data

ID12965115
AuthorsJanne Thu Ilstad (OsloMet – Oslo Metropolitan University), Hilde Bondevik (0000-0002-7608-7216, University of Oslo, corresponding author)
Year2016
Volume34
Issue2
Pages124-137
Publication date2016-04-02
Peer ReviewedYes
Open AccessNo
TypeARTICLE
VenueNordic Journal of Human Rights (JOURNAL)
Journal identifiersISSN: 1891-814X • E-ISSN: 1891-8131
PublisherTaylor & Francis (PUBLISHER • GB)
DOI10.1080/18918131.2016.1208412
OpenAlexW2507603251
LanguageEN
Citations received1

The strengthening in recent years of the legal position of children in the asylum regulations and the United Nations (UN) Convention on the Rights of the Child has been accompanied by a renewed emphasis on immigration control throughout Europe. In this article, we shall shed light upon the growing conflict between asylum seeking children’s rights on the one hand and immigration control on the other, by analysing asylum applications involving children with long residency in Norway. Based on a deconstructive analysis of asylum cases, qualitative interviews and legal texts, we investigate the Norwegian Immigration Appeals Board’s assessments of asylum-seeking children’s affiliation (ie attachment) to Norway. We explore in what way the Board’s understanding of children’s affiliation to a given society is tied to the child’s age. The analysis reveals a contradiction in the Board’s decisions. Preschool children are regarded as affiliated to the broader society whilst living in their ‘home country’, but not while living in Norway. In order to understand this discrepancy, we explore and discuss the Board’s presuppositions about children’s affiliation to a society. The assumption that children do not affiliate to Norwegian society until they reach school age seems to stem from a simplified ‘common-sense’ understanding of attachment theories, even though this has been disputed in more recent theories of childhood, which state that even preschool children are capable of affiliating to the society in which they live. The Immigration Appeals Board underestimates the significance of affiliation to the society that the children develop by attending kindergarten. By automatically concluding that preschool children do not affiliate to Norwegian society, the Board avoids the difficult task of assessing whether depriving these children of their social network and the society in which they have grown up, is in the best interests of the child

Contradiction · Convention · Convention on the Rights of the Child · Human rights · Immigration · Irish · Norwegian · Political science · Sociology · Education and experiences of immigrants and refugees · Law · Migration, Health and Trauma · Migration, Refugees, and Integration

  • Migration Control and Access to Welfare

    Open Access•Marry-Anne Karlsen•Migration Control and Access to…•2021

Unique citing works1
Citations per year0,2
Citation span2021 - 2021 (1)
Citation velocityhistorical
Highly citedNo
Citation typesNeutral: 1

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