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Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 44
- Paragraph text
- Of particular concern is the inclusion of children among detainees. Children are usually afforded additional protections by member States and, according to many national policies, are not supposed to be detained. However, if the age of the child is unknown, which is common among those without documents or coming from countries that do not have robust birth registration systems, they can be detained or kept in reception centres until their age can be verified. This can take weeks or months. In some instances, while in detention, children live and sleep with adults, without any special accommodation made for their young age and without access to education. In others, families are separated in different sections of the detention facility according to age and gender. The detention of children, even for short periods, can have severe negative psychological effects. It has been made clear by the Committee on the Rights of the Child that immigration detention is never ever in the best interest of the child and that families of migrants should not be separated. Hence, unaccompanied minors and families with children should always benefit from alternatives to detention.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 101
- Paragraph text
- [To the European Union and its member States] Develop and incentivize other regular and safe migration channels, including for workers with varying skills levels, including for low-wage workers. Look at a variety of options for legal migration, such as humanitarian admission, humanitarian visas, temporary protection, family reunification, economic admissions at all skills levels, as well as for job seeking, student mobility and medical evacuation, in line with the suggestions of the European Union Agency for Fundamental Rights.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2015
Paragraph
Detention of migrants in an irregular situation 2012, para. 39
- Paragraph text
- Furthermore, the Convention provides that in any action taken by States concerning children, the best interests of the child shall be a primary consideration (art. 3). It also sets forth the right for children not to be separated from their parents against their will (art. 9); and the obligation of States to take appropriate measures to ensure that minors who are seeking refugee status or who are recognised refugees, whether accompanied or not, receive appropriate protection and assistance (art. 22).
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2012
Paragraph
Detention of migrants in an irregular situation 2012, para. 60
- Paragraph text
- Periodic reporting to State officials, in person or by phone, can be used as an alternative measure to detention. The frequency of such reporting can vary from daily to weekly or less frequently. Reporting requirements should not be excessively difficult to comply with or restrictive of liberty or privacy, and should take into account the particular circumstances of the individual, such as their family situation, residential situation, employment situation and financial means. A requirement to report frequently in person may amount to a limitation on an individual's right to freedom of movement. A requirement to report daily or to travel excessive distances for reporting purposes could interfere with work or other obligations, and therefore not be proportionate to the objectives.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Year
- 2012
Paragraph
Detention of migrants in an irregular situation 2012, para. 72f
- Paragraph text
- [The Special Rapporteur calls on States to consider progressively abolishing the administrative detention of migrants. In the meantime, Governments should take measures to ensure respect for the human rights of migrants in the context of detention, including by:] Applying the Standard Minimum Rules for the Treatment of Prisoners to migrants under administrative detention, including providing for the separation of administrative detainees from criminal detainees; ensuring an adequate standard of accommodation, including minimum floor space, lighting, heating and ventilation; providing for adequate sanitary, bathing and shower installations; allowing administrative detainees to wear their own clothing, and provide facilities for their cleaning; a separate bed with clean bedding for each detainee; adequate food and drinking water; at least one hour of outdoor exercise daily; the right to communicate with relatives and friends and to have access to newspapers, books and religious advisers; ensuring the presence of at least one qualified medical officer who should have some knowledge of psychiatry, as well as a qualified dental officer; and ensuring the right to make a request or complaint to the central prison administration, judicial authorities or other proper authorities;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2012
Paragraph
Developing the Global Compact on Migration 2016, para. 11
- Paragraph text
- Many migrants move voluntarily in a safe and regular manner and live and work in conditions in which their labour and human rights are respected. In some circumstances, families are reunified. Others are forced to migrate as a result of push factors, including poverty, discrimination, violence, conflict, political upheaval and poor governance, and pull factors, including official or unacknowledged labour needs, as explained above, or for family reunification. Children are disproportionately represented among those forcibly displaced. In the context of natural disasters and climate change, migration is increasingly seen as an adaptation measure ensuring resilience through planned mobility. In the process of migration, many face exploitation, discrimination, abuse and other human rights violations.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Equality & Inclusion
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2016
Paragraph
Developing the Global Compact on Migration 2016, para. 37
- Paragraph text
- Smugglers and exploitative employers are currently facilitating the labour mobility that many labour markets need in order to thrive. Through creative visa opportunities for work at all skill levels, including for low-wage migrants, States could considerably reduce the number of migrants arriving through irregular means or overstaying their visas or permits. Coupled with entry and exit controls and other supporting initiatives, multi-year and multi-entry visas could incentivize migrants to come to countries of destination for work and return to the country of origin while respecting visa conditions. Encouraging mobility, including for employment, family reunification and education, will reduce irregularity.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2016
Paragraph
Developing the Global Compact on Migration 2016, para. 46f
- Paragraph text
- [Human rights must be a cross-cutting issue that informs all discussions at the High-level Dialogue, and, as outlined in the 2013 report of the Special Rapporteur (see A/68/283), States should consider raising issues such as:] Effective protection of the human rights of vulnerable groups, such as unaccompanied children, families with children, persons with disabilities and elderly migrants;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Families
- Older persons
- Persons on the move
- Persons with disabilities
- Year
- 2016
Paragraph
Developing the Global Compact on Migration 2016, para. 64
- Paragraph text
- The Special Rapporteur recommends that States develop and incentivize accessible, regular, safe and affordable migration channels at all skill levels and consider a variety of options for regular migration, such as humanitarian visas, temporary protection, family reunification, work permits at all skill levels, as well as for migration for job seeking, student mobility and medical evacuation. States can also increase the number of migrants admitted under existing regular migration schemes, including for seasonal workers and student visas.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2016
Paragraph
Developing the Global Compact on Migration 2016, para. 90
- Paragraph text
- Additionally, there are human rights concerns relating to the impact of detention. Prolonged detention without a legal basis has been shown to have a devastating effect on the physical and mental health of migrants and asylum seekers, for example by contributing to post-traumatic stress disorder, anxiety and depression. This is frequently compounded by unacceptable conditions of detention, such as overcrowding, unsanitary toilet and shower facilities and unhygienic kitchens, as well as by scarce access to health care, family members, lawyers, international or civil society organizations, or physical and recreational activities.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2016
Paragraph
Developing the Global Compact on Migration 2016, para. 123d
- Paragraph text
- [The global compact should:] Ensure that States adopt measures to facilitate accessible, regular, safe and affordable migration and mobility channels at all skill levels, as well as family reunification and the regularization of undocumented migrants;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2016
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 14
- Paragraph text
- Various treaty bodies have expressed concerns that migrants and their families are often subject to discrimination in practice in the areas of employment, housing, health care and education. In the wake of the global economic crisis, discrimination and xenophobia have increased, as has the corresponding negative impact on the enjoyment of human rights by migrants. Increasingly, States have enacted restrictive measures which adversely affect the enjoyment of the rights to health and adequate housing, arguably as a means of deterring irregular migrants and promoting "voluntary" returns to countries of origin. Such laws discriminating against migrants or programmes and policies which fail to address the specific needs and vulnerabilities of migrants often make it difficult for migrants to obtain access to basic services or permit access only at levels that do not meet international human rights standards.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2010
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 20
- Paragraph text
- Additionally, article 43 of the Convention on Migrant Workers specifically obliges States to ensure equal access to health care by regular migrant workers and their family members. The Convention also guarantees the right of migrant workers and their family members to receive any medical care that is urgently required for the preservation of their life or for the avoidance of irreparable harm to their health, regardless of their irregularity with regard to stay or employment (art. 28).
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2010
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 24
- Paragraph text
- The mental health of migrants is also an issue of concern, as factors such as social isolation caused by separation from family and social networks, job insecurity, difficult living conditions and exploitative treatment can have adverse affects. While better economic opportunities may result in positive effects on migrants' mental health, other reports indicate that migrants suffer a higher incidence of stress, anxiety and depression than residents. Further concerns are expressed about the mental health of migrants in detention, in particular with regard to the lack of access to mental health care and services, and inadequate allocation of resources to treat mental health ailments while in detention.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2010
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 35
- Paragraph text
- In general, the constraints on the rights of adult migrants immediately have an adverse impact on the rights of their children, and in the long term, may inhibit the children's development. Reports suggest that poor working and economic conditions for migrant adults affect the general health and welfare of their children, as manifested in the birth of premature babies and increased risks of serious illness or death. Further, where migrant parents are deprived of health care, their children will also likely be deprived of such care.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Children
- Families
- Infants
- Persons on the move
- Year
- 2010
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 36
- Paragraph text
- The legal status of migrant parents may also affect access to health care by migrant children. While some migrant children may be citizens of the host country by virtue of jus soli, they may still face obstacles in accessing health care, in particular if their parents are migrants in irregular situations and therefore reluctant to seek health care for fear of their immigration status being detected. Similarly, many children in irregular situations are not enrolled in schemes for low-income migrant children that provide health care regardless of ability to pay, because their parents are reluctant to approach the social services for fear of being reported to the authorities.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2010
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 37
- Paragraph text
- In addition, certain laws, policies and measures may indirectly hamper irregular migrant children's access to health. For instance, in some countries, a parent must be a regular migrant in order to obtain a birth certificate for her child, thus making access to health care difficult for children of migrants in irregular situations.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2010
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 56
- Paragraph text
- The right to adequate housing is specifically guaranteed to children under article 27 of the Convention on the Rights of the Child, which recognizes the right of every child to a standard of living adequate for the child's physical, mental, spiritual, moral and social development. Where necessary, States are also obliged to provide parents and others responsible for the child with material assistance and support programmes, particularly with regard to nutrition, clothing and housing. This right is not limited to children who are nationals, but extends to all children, including asylum-seeking, refugee and migrant children, irrespective of their nationality, immigration status or statelessness.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2010
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 58
- Paragraph text
- The stark reality is that this right remains unfulfilled in many parts of the world, often owing to the higher risk of poverty experienced by migrant children as compared to national children. A study shows that migrant children are more likely than national children to live in overcrowded housing, which may have a negative impact on their development. The concern is heightened with respect to irregular migrant children, whose right to adequate housing is dictated by the conditions of social exclusion that their families are subjected to. The lack of access to adequate housing for irregular migrant parents means that their children are deprived of housing as well. The Special Rapporteur has also been informed of cases where the authorities are willing to provide housing assistance to irregular migrant children, but not to their families. This gives rise to difficult situations where children must either choose to live with their families at risk of homelessness, or separate from them to receive housing assistance.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2010
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 59
- Paragraph text
- Further, concern is expressed in particular with respect to independent, unaccompanied migrant children. Unaccompanied children are particularly vulnerable to social exclusion and often have limited access to housing, due to the absence of adults' assistance either via social networks or housing markets. Thus, independent and unaccompanied migrant children are more likely to be homeless or to live in collective dwelling or temporary homes of lower quality, such as shacks and rooms, compared to national children or migrant children with parents or guardians. A study conducted by the United Nations Children's Fund (UNICEF) shows that the vast majority of independent migrant children in developing countries often sleep on the streets and in markets, shop fronts and kiosks, which exposes them to inadequate sleep, sexual harassment, robbery and assault. Even where unaccompanied children are provided with housing by the State, they are often accommodated in hostels or bed and breakfast accommodation, which may not be a suitable environment for children.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Violence
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2010
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 61
- Paragraph text
- The Special Rapporteur commends efforts undertaken by Governments to ensure migrants' access to economic and social rights, regardless of immigration status. For example, the Migration Law (Law 25.871 of 2004) of Argentina recognizes the State obligation to ensure equal access to, inter alia, shelter, social services, public goods, and health for migrants and their families, regardless of immigration status. In Spain, all migrants, regardless of immigration status, are also entitled to register in the local government's register, which is a requirement for, inter alia, having access to education and health care. It is worth noting that the content of the registration information is not shared with immigration authorities.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2010
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 91
- Paragraph text
- States should provide parents and others responsible for the child with material assistance and support programmes, particularly with regard to housing. Irregular migrant families and their children should be provided with a minimum level of housing which ensures their basic needs. Throughout the process, the best interest of the child should be the paramount concern and the guiding principle.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2010
Paragraph
Global migration governance 2013, para. 28
- Paragraph text
- All migrants, without discrimination, are protected by international human rights law. There are very few and narrowly defined exceptions to this, namely the right to vote and be elected and the right to enter and stay in a country. Even for those exceptions, procedural safeguards must be respected, as well as obligations related to non-refoulement, best interests of the child and family unity. All other rights extend to all migrants, whatever their administrative status. Any distinction must be proportionate, reasonable and serve a legitimate objective: the two human rights covenants (International Covenant on Civil and Political Rights and International Covenant on Economic, Social and Cultural Rights) explicitly refer to "national origin" as a prohibited ground of discrimination in the enjoyment of civil, political, economic, social and cultural rights.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2013
Paragraph
Global migration governance 2013, para. 29
- Paragraph text
- Only 46 States have ratified the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. However, it mainly restates rights which already follow from other treaties. All States have ratified at least one of the other core international human rights treaties and, owing to the non-discrimination principle, are thus obliged to respect the human rights of migrants, including those in an irregular situation.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2013
Paragraph
Human rights of migrants in the post-2015 development agenda 2014, para. 51
- Paragraph text
- A target on providing social protection to reduce the vulnerabilities of the poor, including marginalized groups, including migrants, is essential. Indicators could include the proportion of migrants with access to, and cross-border portability of, earned social benefits (e.g. pensions). Under article 9 of the International Covenant on Economic, Social and Cultural Rights, States recognize the right of everyone to social security. In its general comment No. 19, the Committee on Economic, Social and Cultural Rights defined the right to social security as encompassing "the right to access and maintain benefits, whether in cash or in kind, without discrimination in order to secure protection, inter alia, from (a) lack of work-related income caused by sickness, disability, maternity, employment injury, unemployment, old age, or death of a family member; (b) unaffordable access to health care; (c) insufficient family support, particularly for children and adult dependents". It went on to say that "the right to social security includes the right not to be subject to arbitrary and unreasonable restrictions of existing social security coverage, whether obtained publicly or privately, as well as the right to equal enjoyment of adequate protection from social risks and contingencies".
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Health
- Poverty
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2014
Paragraph
Human rights of migrants in the post-2015 development agenda 2014, para. 56
- Paragraph text
- It is widely accepted that a healthy life is key to sustainable development. In the outcome document of the United Nations Conference on Sustainable Development, it is stated that health is a precondition for and an outcome and indicator of all three dimensions of sustainable development. The participants called for the full realization of the right to the enjoyment of the highest attainable standard of physical and mental health and for all workers to be provided with the necessary social and health protections. Research shows that migrants are able to improve the health standards of their families and that those involved in temporary migration are able to share health-improving practices with their families and local communities.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Families
- Persons on the move
- Year
- 2014
Paragraph
Human rights of migrants in the post-2015 development agenda 2014, para. 59
- Paragraph text
- The goal needs to ensure that all migrants and members of their families, irrespective of their status, have equal access to adequate, affordable, accessible and quality health care, including mental health care.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Social & Cultural Rights
- Person(s) affected
- Families
- Persons on the move
- Year
- 2014
Paragraph
Human rights of migrants in the post-2015 development agenda 2014, para. 89d
- Paragraph text
- [Indicators should include:] Time frame and coverage of laws that protect all migrants and their families against all forms of discrimination, labour exploitation, abuse, xenophobia, violence and related intolerance, with a focus on marginalized groups, including children and women;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Violence
- Person(s) affected
- Children
- Families
- Persons on the move
- Women
- Year
- 2014
Paragraph
Human rights of migrants in the post-2015 development agenda 2014, para. 97
- Paragraph text
- Today's migration data focus on stocks and flows, which cannot give a clear understanding of the human rights situation of migrants and their families and communities in countries of origin, transit and destination. When qualitative and quantitative data on migrants are made available, they are often incomplete, in particular with regard to the most marginalized migrants, including those in an irregular situation, who are frequently not registered anywhere.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2014
Paragraph
Human rights of migrants in the post-2015 development agenda 2014, para. 103
- Paragraph text
- In response to the need for better qualitative and quantitative data on human rights, OHCHR has developed a methodology for developing human rights indicators, collecting and disaggregating data at the global and national levels, which could ensure that migrants are neither excluded from disaggregation, owing, among other things, to their status as non-nationals, nor "left until last". OHCHR recommends the development of structural, process and outcome indicators. This configuration of indicators should help to assess the steps being taken by States to address their obligations - from commitment to and acceptance of international human rights standards and adoption of laws and regulations (structural indicators), to how they have been implemented through policies, programmes and budget allocations (process indicators) and to their results from the perspective of migrants and members of their families (outcome indicators). OHCHR is working with the Global Knowledge Partnership on Migration and Development, the United Nations Children's Fund and the International Labour Organization to develop human rights indicators relevant to migrants, which should be used to inform the post-2015 agenda.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2014
Paragraph