On the rights and liberties of child refugees in Romania

• Author: Andreea Draghici - Daniela Iancu - Andra Dascalu
• Pages: 8-14

ON THE RIGHTS AND LIBERTIES OF CHILD REFUGEES IN

ROMANIA

Andreea Drăghici

∗

∗∗

∗

Daniela Iancu

∗

∗∗

∗∗

∗∗

∗

Andra Dascălu

∗

∗∗

∗∗

∗∗

∗∗

∗∗

∗

Abstract

There are multiple causes that compel a state to grant a person refugee status. The

international conventions in this field or the state legislation do not resolve, nor eliminate

these circumstances; however they manage to compensate for most of the deprivations

plaguing these people in their own country by offering them refugee status. Amongst the

victims of these deplorable circumstances there are children who see themselves in a

situation where their must adapt to different life conditions and a completely unknown

environment. In Romania however, in terms of rights and legal liberties, child refugees enjoy

the same legal situation of Romanian children indiscriminately. This status is sanctioned by

Act 272/2004 in agreement with article 3 of the Geneva Convention of 1951 relating to the

status of refugees, article 8 of 122/2006 Act relating to political asylum in Romania, as well

as all the principle underlying the reality of child protection as established by the provisions

of the United Nations Convention on the Rights of the Child (1990).

Key words: The rights and liberties, refugee children, equality of treatment

Introduction

The rights and liberties of refugee children in Romanian territory are governed by the

principles established by the Geneva Convention of 1951 that gives the conditions, in which

the signatory states grant refugee status to persons that make such petitions and by its

provisions seeks to endow the refuges with as many rights fundamental human rights and

liberties as they can exercise. Thus, a non-discriminatory situation is regulated by the

provisions of the Convention, a situation that the awarding state must honor in relation to

any other refugee, notwithstanding race or country of origin. Also, the Convention explicitly

refers to the freedom of faith of refugees, especially when the sameness of acknowledging this

right of our own nationals and that of the refugees is being questioned. Thus, it is stipulated

that the signatory states will award refugees on its soil at least as favorable a treatment as it

does its nationals, with regards to the freedom to practice their own religion and to their

children’s religious upbringing.

How a child gains refugee status according to Act 272/2004. Children that request

refugee status, as well as those who have already been granted it enjoy protection and

humanitarian assistance as it is their right. They also enjoy one of the protection measures

stipulated by Act 122/2006.

In case a child requesting refugee status is not accompanied by his parents or another

legal representative, during the process of securing his refugee status his interests are tended

∗

Lecturer Ph.D., University of Pitesti, Faculty of Juridical and Administrative Science,

andidraghici@yahoo.com

∗∗

Lecturer Ph.D., University of Pitesti, Faculty of Juridical and Administrative Science,

danutaian74@yahoo.com

∗∗∗

Assistant, University of Pitesti, Faculty of Juridical and Administrative Science, andradascalu@yahoo.com