Joint general comment No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 23 (2017) of the Committee on the Rights of the Child on State obligations regarding the human rights of c ... 2017, para. 43
Paragraph
Paragraph text
For migrant children for whom there are indications of trafficking, sale or other forms of sexual exploitation or who may be at risk of such acts or of child marriage, States should adopt the following measures:
- Establish early identification measures to detect victims of sale, trafficking and abuse, as well as referral mechanisms, and in this regard carry out mandatory training for social workers, border police, lawyers, medical professionals and all other staff who come into contact with children
- Where different migration statuses are available, the most protective status (i.e., asylum or residence on humanitarian grounds) should be applied and granting such status should be determined on a case-by-case basis in accordance with the best interests of the child
- Ensure that the granting of residence status or assistance to migrant child victims of sale, trafficking or other forms of sexual exploitation is not made conditional on the initiation of criminal proceedings or their cooperation with law enforcement authorities.
Legal status
Non-negotiated soft law
Body
Committee on Migrant Workers
Document type
General Comment / Recommendation
Means of adoption
N.A.
Topic(s)
Movement
Violence
Person(s) affected
Children
Persons on the move
Year
2017
Paragraph type
Other
Paragraph focus
Protection from all forms of violence and abuse, including exploitation, child labour and abduction, and sale or traffic in children