In this episode of the Kids Law Podcast, Alma-Constance and Lucinda explore one of the most urgent humanitarian issues in the world today: why do people leave their home countries, and what protections exist for them under international law?
To help answer these questions, they are joined by Lance Bartholomeusz, General Counsel and Head of the Legal Affairs Service at the United Nations Refugee Agency (UNHCR). Lance shares his expertise on the rights of asylum seekers and refugees, the challenges they face, and the critical role that UNHCR plays in protecting some of the world’s most vulnerable people.
What Does the UNHCR Do?
The United Nations Refugee Agency (UNHCR) was established in 1951 after the Second World War to help protect people forced to flee their homes due to war, persecution, or violence. Today, the organisation operates in nearly 140 countries and works with more than 1,500 partner NGOs, ranging from global charities like Oxfam and Save the Children to grassroots groups run by refugees themselves.
Lance explains that UNHCR has three main goals:
- Protecting rights. Advising governments on asylum laws, preventing people from being sent back to danger (a principle called non-refoulement), and providing legal and humanitarian support.
- Meeting urgent needs. Delivering shelter, food, medicine, and increasingly digital cash assistance so families can decide for themselves what they need most.
- Finding solutions. Supporting safe returns home, helping refugees integrate into new communities, or in rare cases, arranging resettlement in another country.
Refugees, Asylum Seekers, and Migrants: What’s the Difference?
One of the most common questions is: are refugees the same as asylum seekers or migrants? A refugee is someone who has fled their country because of conflict, violence, or persecution, and cannot return home safely. This definition comes from the 1951 Refugee Convention, which UNHCR helps supervise.
An asylum seeker is someone who has asked another country for protection but is still waiting for their legal status to be decided. Every refugee was once an asylum seeker.
A migrant is someone who moves for reasons other than persecution, such as work, study, or family. Importantly, migrants are usually able to return to their home countries, while refugees cannot.
Most refugees are escaping war, persecution, or political violence. For example, the Rohingya people in Myanmar fled mass violence and sought safety in Bangladesh. Others seek asylum after being threatened for their political beliefs or activism.
Increasingly, climate change is forcing people to leave their homes too. Rising sea levels in the Pacific Islands mean that entire communities face losing their land. While these people may not always meet the legal definition of a refugee, many countries and organisations recognise the urgent need to protect them and uphold their human rights.
Lance stresses that while these legal definitions matter, at the end of the day, “whether you are a refugee, an asylum seeker, or a migrant, we are all human beings with the same human rights.”
Life as a Refugee: Examples from Around the World
UNHCR’s work stretches across many crises. For example:
- Uganda hosts over 2 million refugees, mainly from the Democratic Republic of Congo and Sudan. The country is praised for its open border policy and efforts to integrate refugees into society, but limited resources mean international support is essential.
- Sudan is facing one of the world’s worst humanitarian emergencies, with people fleeing to neighbouring Chad and Central African Republic. Many arrive with nothing, having endured violence and trauma. UNHCR works with local partners to provide shelter, trauma support, and family reunification.
- Stateless people also receive UNHCR support. Without birth certificates, passports, or nationality, many children cannot enrol in school or access basic rights. Campaigns led by UNHCR and supported by public figures like Cate Blanchett have helped win legal recognition for stateless groups, changing lives for thousands of young people.
Children are often the most vulnerable in these situations. UNHCR helps unaccompanied minors who flee without parents, working to reunite them with family whenever possible. They help to provide access to education, even in overcrowded refugee schools, as education is a lifeline, giving children stability, skills, and hope. And they offer special protection for traumatised children, partnering with NGOs and experts to provide psychological and social support.
Lance recalls meeting children in refugee schools who showed remarkable leadership and resilience, running conflict resolution committees and proving that even in hardship, young people can thrive and inspire change.
What Happens When Someone Seeks Asylum?
When an asylum seeker arrives in a new country, their claim goes through a refugee status determination process. This involves:
- Registration at borders or reception centres, often including biometric checks like fingerprints and iris scans.
- Assessment of whether the person meets the definition of a refugee under international law.
- Decision outcomes, which may include:
- Being granted refugee status, with the right to stay, work, and access education.
- Being given a different type of protection (such as “subsidiary protection” in the EU).
- Being refused asylum, which may lead to deportation if it is safe to return home.
Lance notes that while international law defines refugee rights, how these are applied depends on each country’s own laws. Sometimes, national laws fail to fully reflect international commitments, which can leave refugees in uncertain or unfair situations.
Recognising refugees is not only about safety, it’s also about opportunity. When given the right to work and study, refugees can thrive, not just survive. Lance highlights research in Poland showing that Ukrainian refugees made a measurable positive impact on the country’s GDP. Across Europe, granting Ukrainians the right to work has helped them support themselves, pay taxes, and contribute to their host communities.
How the UNHCR Helps Refugees Overcome Challenges
Refugees often face huge obstacles, especially in areas such as healthcare (as many arrive with physical injuries, trauma, or little money for medical care), education (as millions of refugee children risk missing years of school unless host countries integrate them into their systems), and legal identity (as without official documents, refugees can be excluded from services and opportunities).
UNHCR works with governments, NGOs, and the private sector to address these challenges, ensuring refugees, especially children, can access essential rights and build a future.
Asked what young listeners should know about refugees, Lance shares two key pieces of advice:
- Listen to real stories. Visit UNHCR.org to learn about refugees’ lives directly, not just through headlines.
- Look around your own community. Refugees and migrants may already be part of your local area. Asking questions and learning about their journeys can lead to some of the most meaningful conversations you’ll ever have!
As Lance, Alma-Constance, and Lucinda remind us, learning about these issues helps young people understand not only their rights but also the responsibilities we all share in creating a fairer, safer world.
If you’d like to learn more, visit kidslaw.info. Don’t forget to subscribe to the Kids Law Podcast, rate the show, and share it with your friends.
Want to learn more? Visit https://www.kidslaw.info/, and don’t forget to subscribe to the Kids Law Podcast, rate our show, and share it with your friends. Keep your questions coming – we can’t wait to explore more fascinating legal topics in our next episode!