فاطمه فلاح

Abstract

The phenomenon of refugees constitutes one of the major contemporary challenges of international law, encompassing complex human, social, and legal dimensions. Among refugee populations, children — as the most vulnerable group — are disproportionately exposed to the consequences of armed conflicts, displacement, lack of legal identity, and deprivation of fundamental rights. It is estimated that nearly half of the world’s refugees are children, which underscores the necessity of adopting special protective mechanisms in both international instruments and domestic legal systems.

In international law, numerous conventions and protocols have been devoted to the protection of children, particularly those in situations of risk and displacement. Among them, the Convention on the Rights of the Child (۱۹۸۹) and the ۱۹۵۱ Convention Relating to the Status of Refugees together with its ۱۹۶۷ Protocol constitute the primary binding frameworks for the protection of refugee children. In addition, the International Covenants, regional instruments, and interpretative documents issued by UN treaty bodies further emphasize the need to ensure effective protection for this group.

Although Iran is not a party to the ۱۹۵۱ Refugee Convention, it has acceded to the ۱۹۶۷ Protocol and enacted several domestic laws with protective implications, such as the Law on the Protection of Children and Adolescents (۲۰۲۰), the Law on Combating Human Trafficking, and the Amendment to the Nationality Law concerning children born to Iranian mothers and foreign fathers, thereby taking steps toward safeguarding refugee children and preventing statele  ess.

Using a descriptive–analytical method and relying on library-based sources, this study examines the scope and mechanisms of protection afforded to refugee children under international law and Iranian domestic law. The findings reveal that a significant portion of such protection, even in the absence of explicit reference to children, can be inferred from general principles of human rights and refugee-related instruments.

Keywords: Protection, Refugee Children, Situations of Risk, International Law, Iranian Law