The right to education and the resettlement and integration of refugee children in New Zealand: A legal perspective on the rights of refugee children

Abstract

This thesis examines the realisation of the right to education for refugee children in New Zealand, establishing the analysis within both international and domestic legal frameworks. It argues that despite New Zealand’s obligations under international law and domestic provisions safeguarding children’s rights, refugee children’s right to education is inadequately implemented and insufficiently monitored. While some measures exist, significant gaps remain, particularly the absence of a clear legal framework and a comprehensive, child-centred policy informed by refugee children’s rights.

Adopting a socio-legal approach, the thesis explores the extent to which New Zealand’s laws and policies protect the right to education of refugee children. The analysis primarily uses legal methods, examining legislation, policies, and practices. Sociological and educational perspectives will inform this to enhance interpretation and contextual understanding of education for refugee children. The analysis is supplemented by empirical research to further illustrate how legal provisions interact with practical realities, demonstrating how law, policy implementation, and social contexts influence the educational experiences of refugee children.

The thesis concludes that the inadequate realisation of the right to education is mainly due to the lack of a rights-based and child-centred framework within New Zealand’s legal and policy landscape. It proposes the adoption of a child rights-based approach that recognises the distinct interests and lived experiences of refugee children. Such an approach provides a holistic foundation for implementation and monitoring, ensuring that refugee children in New Zealand can adequately enjoy their right to education and consequently facilitate effective resettlement and integration.