Article 22

You have the right to special protection and help if you are a refugee.

Article 22 of the UNCRC is about refugees.

A child or young person is a refugee if they have had to leave their country to escape war, persecution or natural disaster. Children and young people who are refugees have the right to special protection and help whether they've come to Scotland with other people or not.

The rights of refugee children and young people in Scotland are protected by the Commissioner, regardless of if they are Scottish citizens or not. Refugee children and young people don't lose any of their rights under the UNCRC just because they've come from one country to another. Specific things they have the right to include:

  • medical treatment
  • education
  • shelter.

Related articles

Article 7

Children and young people who are refugees have a right to a nationality, and – if possible – a right to know who your parents are.

Article 8

Children and young people who are refugees have the right to the aspects of identity discussed by Article 8.

Article 9

Children and young people who are refugees shouldn't be separated from your parents unless this is what's best for them.

Article 10

Children and young people who are refugees should be able to know your parents, even if they live in a different country to them and are not refugees themselves.

Article 16

Children and young people who are refugees have the right to privacy, regardless of the accommodation in which they live.

Article 20

Children and young people who are refugees have the right to be cared for.

Article 21

Children and young people who are refugees have the right to special care if they are adopted or in foster care.

Article 30

Children and young people who are refugees and members of a minority group retain their right to practice their own culture, religion and language.

Article 37

Children and young people who are refugees shouldn't be detained if at all possible.

Article 38

Children and young people who are refugees should be cared for if they have been affected by armed conflict.

Article 39

Children and young people who are refugees should get help to recover if they are survivors of violence.

Full text

This article is a simplified version of Article 22 of the UNCRC. The full text of the Article can be found below:

1. States Parties shall take appropriate measures to ensure that a child who is seeking refugee status or who is considered a refugee in accordance with applicable international or domestic law and procedures shall, whether unaccompanied or accompanied by his or her parents or by any other person, receive appropriate protection and humanitarian assistance in the enjoyment of applicable rights set forth in the present Convention and in other international human rights or humanitarian instruments to which the said States are Parties.
2. For this purpose, States Parties shall provide, as they consider appropriate, co-operation in any efforts by the United Nations and other competent intergovernmental organizations or non-governmental organizations co-operating with the United Nations to protect and assist such a child and to trace the parents or other members of the family of any refugee child in order to obtain information necessary for reunification with his or her family. In cases where no parents or other members of the family can be found, the child shall be accorded the same protection as any other child permanently or temporarily deprived of his or her family environment for any reason, as set forth in the present Convention.