Separated Refugee Children's Right to Mental Health
Jokinen, Jessica (2023)
2023
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Julkaisun pysyvä osoite on
https://urn.fi/URN:NBN:fi-fe2023053150729
https://urn.fi/URN:NBN:fi-fe2023053150729
Tiivistelmä
Studies have shown that the mental health burden of separated children is significantly worse than that of the rest of the population and of refugee children who come as refugees together with their parents or relatives. Separated refugee children are at higher risk of poor mental health due to their psychosocial vulnerability and exposure to economic, social, and environmental circumstances. Further, perceived discrimination and issues accessing mental health services are associated with increased mental health outcomes for refugees, which raises important questions in predicting the mental health of this particular group.
Separated refugee children must be seen as right holders, and the rights recognized in the relevant treaties, the International Convention on the Rights of the Child, The International Covenant on Economic, Social and Cultural Rights, and the Convention on the Rights of Persons with Disabilities, must be respected, protected, and fulfilled by all States Parties. These human rights treaties are presented in the thesis since they aim to protect the most vulnerable persons, such as separated refugee children, from having their fundamental human rights violated.
States Parties are obliged to ensure that all responsible actors have sufficient knowledge and capacity to fulfill their duties and responsibilities and that children's abilities are developed adequately in order to assert their right to health. Furthermore, the best interest of the child and the non-discrimination principle should be taken into account in all decisions concerning children’s lives, since children’s interests are not always identical to the interest of adults.
For States Parties to tackle mental health issues, active measures and interventions must be carried out to ensure that children are given full realization of their rights and equal opportunities to participate in decisions and programmes affecting their lives. Participation rights must be applied accordingly to their evolving capacities, a consequence of their maturity, age, and life experiences. The principle is not only supporting children’s development, but it also strengthens society in achieving effective decisions and greater outcomes.
The relationship between human rights and mental health is a complex matter. The violation of human rights can impact mental health negatively, but on the other side, respecting human rights law can improve people’s mental health. For all individuals to completely realize their human rights, it is suggested to develop a more comprehensive model in mental health that integrates human rights into existing mental health approaches.
A child rights-based approach is highly recommended when dealing with separated refugee children's mental health and would contribute to the development of the capacities of duty-bearers to meet their obligations and to children, as right-holders, to claim and enjoy their human rights.
Separated refugee children must be seen as right holders, and the rights recognized in the relevant treaties, the International Convention on the Rights of the Child, The International Covenant on Economic, Social and Cultural Rights, and the Convention on the Rights of Persons with Disabilities, must be respected, protected, and fulfilled by all States Parties. These human rights treaties are presented in the thesis since they aim to protect the most vulnerable persons, such as separated refugee children, from having their fundamental human rights violated.
States Parties are obliged to ensure that all responsible actors have sufficient knowledge and capacity to fulfill their duties and responsibilities and that children's abilities are developed adequately in order to assert their right to health. Furthermore, the best interest of the child and the non-discrimination principle should be taken into account in all decisions concerning children’s lives, since children’s interests are not always identical to the interest of adults.
For States Parties to tackle mental health issues, active measures and interventions must be carried out to ensure that children are given full realization of their rights and equal opportunities to participate in decisions and programmes affecting their lives. Participation rights must be applied accordingly to their evolving capacities, a consequence of their maturity, age, and life experiences. The principle is not only supporting children’s development, but it also strengthens society in achieving effective decisions and greater outcomes.
The relationship between human rights and mental health is a complex matter. The violation of human rights can impact mental health negatively, but on the other side, respecting human rights law can improve people’s mental health. For all individuals to completely realize their human rights, it is suggested to develop a more comprehensive model in mental health that integrates human rights into existing mental health approaches.
A child rights-based approach is highly recommended when dealing with separated refugee children's mental health and would contribute to the development of the capacities of duty-bearers to meet their obligations and to children, as right-holders, to claim and enjoy their human rights.