Migrant children and adolescents
A/RES/69/187
Reaffirming that, when exercising their sovereign right to enact and implement
migration and border security measures, States have the duty to comply with their
obligations under international law, including international human rights law, in
order to ensure full respect of the human rights of migrant children, including
adolescents,
Reaffirming also the fact that all migrant children, including adolescents, are
entitled to equal protection by the law and that all persons, regardless of their
migration status, are equal before the courts and tribunals and, in the determination
of their rights and obligations in a suit at law, are entitled to a fair and public
hearing by a competent, independent and impartial tribunal established by law,
Aware that the risks related to irregular migration faced by children, including
adolescents, can have a negative impact on the enjoyment of their economic, social
and cultural rights, as well as their political and civil rights and their rights as set
forth in the Convention on the Rights of the Child,
Recognizing that States, in accordance with their obligations under
international law, are responsible for promoting and protecting the human rights and
fundamental freedoms of all migrants, regardless of their migration status, including
accompanied and unaccompanied children, including adolescents, within their
territorial jurisdiction, and encouraging States to promote national child and
adolescent protection systems, in consultation with all sectors of society, including
migrant communities, civil society organizations and other relevant actors,
1.
Takes note with appreciation of the report of the Secretary-General on
the promotion and protection of human rights, including ways and means to promote
the human rights of migrants, 17 and notes the recommended principles and
guidelines on human rights at international borders prepared by the Office of the
United Nations High Commissioner for Human Rights referenced therein;
2.
Calls upon countries of origin, transit and destination to facilitate family
reunification as an important objective in order to promote the welfare and the best
interest of migrant children, including adolescents, as applicable under national law,
due process and the relevant provisions of the Convention on the Rights of the
Child2 and the Optional Protocols thereto, 18 and to comply with the consular
notification and access obligations set forth in the Vienna Convention on Consular
Relations7 so that States may provide child-friendly consular assistance, as
appropriate, including legal assistance;
3.
Underlines that children, including adolescents, should not be subject to
arbitrary arrest or detention based solely on their migration status and that the
deprivation of liberty of migrant children and adolescents should be a measure of
last resort, under conditions that respect the human rights of each child and in a
manner that takes into account, as a primary consideration, the best interest of the
child;
4.
Calls upon States, in accordance with their national laws and their
obligations under the relevant international instruments in this field, to promote and
protect the rights of every child to be registered immediately after birth, to have a
name from birth, to acquire a nationality and, as far as possible, to know and be
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17
18
A/69/277.
United Nations, Treaty Series, vols. 2171 and 2173, No. 27531, and resolution 66/138, annex.
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