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Migrant domestic workers 2011, para. 62d (i)
- Paragraph text
- [While the States of employment have the primary responsibility to protect the rights of migrant domestic workers, embassies and consulates of States of origin should play an active role in protecting the rights of their nationals employed as migrant domestic workers. In particular, embassies and consulates of countries of origin that are present in countries where migrant domestic workers are employed are encouraged, in coordination with the authorities in the countries of employment, to:] [Receive, record and report information that can be useful to migrant domestic workers in the country of employment as well as to prospective migrant workers back home regarding:] Actual country and employment conditions;
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2011
Paragraph
Rights of migrant workers in an irregular situation and members of their families 2013, para. 2
- Paragraph text
- As a deterrent for migrant workers and members of their families in an irregular situation to enter or stay on their territory, States increasingly resort to repressive measures, such as criminalization of irregular migration, administrative detention and expulsion. Criminalization of irregular migration fosters and promotes public perceptions that migrant workers and members of their families in an irregular situation are "illegal", second-class individuals, or unfair competitors for jobs and social benefits, thereby fuelling anti-immigration public discourses, discrimination and xenophobia. Moreover, migrant workers and members of their families in an irregular situation generally live in fear of being reported to the immigration authorities by public service providers or other officials, or by private individuals, which limits their access to fundamental human rights, as well as their access to justice, and makes them more vulnerable to labour and other types of exploitation and abuse.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2013
Paragraph
Rights of migrant workers in an irregular situation and members of their families 2013, para. 3
- Paragraph text
- The term "migrant workers in an irregular situation" is defined in article 5 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (the Convention), which specifies that migrant workers or members of their families are considered as non-documented or in an irregular situation if they are not authorized to enter, to stay or to engage in a remunerated activity in the State of employment pursuant to the law of that State and to international agreements to which it is a party.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2013
Paragraph
Rights of migrant workers in an irregular situation and members of their families 2013, para. 5
- Paragraph text
- The situation of migrant workers may be irregular either because they have entered the State of employment in an unauthorized way and are thus not authorized to stay, reside or work in that State, or because they overstay the period or otherwise violate the conditions of their authorized stay. Regular migrants may also lose their status through no fault of their own due to illness or other unforeseen circumstances affecting them or family members. The Committee emphasizes that whatever the modalities of their stay, migrant workers can never be deprived of their fundamental rights, as protected under Part III of the Convention, by virtue of their irregular situation.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2013
Paragraph
Rights of migrant workers in an irregular situation and members of their families 2013, para. 6
- Paragraph text
- Part III of the Convention protects the rights of all migrant workers and members of their families, including those in an irregular situation. Most of the rights protected in Part III are common to a host of international human rights treaties, including the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. Among the civil and political rights protected in Part III, the right of migrant workers to liberty and security of person (art. 16) and the right of migrant workers deprived of their liberty to be treated with humanity (art. 17) have been contextualized, taking into account the situation of this group of rights-holders. Specific rights of migrant workers that are either not explicitly protected in other human rights treaties include their protection against unauthorized confiscation or destruction of personal documents (art. 21), procedural safeguards in individual expulsion proceedings (art. 22) and the right to have recourse to consular or diplomatic protection and assistance (art. 23). Among the economic, social and cultural rights of all migrant workers, the right to respect for their cultural identity (art. 31) and the right to transfer their earnings and savings upon termination of their stay in the State of employment (art. 32) are Convention-specific. In addition, Part III provides for information rights (art. 33) and affirms the obligation of all migrant workers and members of their families to comply with the laws of the State of employment or transit (art. 34).
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Families
- Persons on the move
- Year
- 2013
Paragraph
Rights of migrant workers in an irregular situation and members of their families 2013, para. 7
- Paragraph text
- The Committee notes that the Convention provides only for a minimum standard of protection. Article 81, paragraph 1, states that nothing shall prevent States parties from granting more favourable rights or freedoms than those set out in the Convention to migrant workers and members of their families, including those in an irregular situation, by virtue of the law and practice of, or any bilateral or multilateral treaty in force for, the State party concerned. The Committee is of the view that a State's obligation under the Convention must be read with respect to the core human rights treaties and other relevant international instruments to which it is a party. Although separate and freestanding, these treaties are complementary and mutually reinforcing.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Means of adoption
- N.A.
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2013
Paragraph
Rights of migrant workers in an irregular situation and members of their families 2013, para. 8
- Paragraph text
- The rights guaranteed to migrants in an irregular situation in other international human rights treaties often have a wider scope than their counterparts in Part III of the Convention. These treaties also contain additional rights. The rights guaranteed in those treaties generally apply to everyone, including migrants and other non-nationals, without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, including immigration status.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2013
Paragraph
Women migrant workers 2008, para. 24c (i)
- Paragraph text
- [Countries of origin must respect and protect the human rights of their female nationals who migrate for purposes of work. Measures that may be required include, but are not limited to, the following:] [Regulations and monitoring systems, as follows:] States parties should adopt regulations and design monitoring systems to ensure that recruiting agents and employment agencies respect the rights of all women migrant workers. States parties should include in their legislation a comprehensive definition of irregular recruitment along with a provision on legal sanctions for breaches of the law by recruitment agencies (article 2 (e));
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2008
Paragraph
Women migrant workers 2008, para. 3
- Paragraph text
- While States are entitled to control their borders and regulate migration, they must do so in full compliance with their obligations as parties to the human rights treaties they have ratified or acceded to. That includes the promotion of safe migration procedures and the obligation to respect, protect and fulfil the human rights of women throughout the migration cycle. Those obligations must be undertaken in recognition of the social and economic contributions of women migrant workers to their own countries and countries of destination, including through caregiving and domestic work.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2008
Paragraph
Gender-related dimensions of refugee status, asylum, nationality and statelessness of women 2014, para. 41
- Paragraph text
- States parties should cooperate with all United Nations agencies, in particular the Office of the United Nations High Commissioner for Refugees (UNHCR), in relation to asylum systems and procedures to give effect to the provisions of the Convention and other instruments for refugees with a view to promoting the rights of women asylum seekers and refugees. They should collaborate with civil society and grass-roots non-governmental organizations supporting women asylum seekers and refugees.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2014
Paragraph
Gender-related dimensions of refugee status, asylum, nationality and statelessness of women 2014, para. 32
- Paragraph text
- Consistent with articles 2 (c) and 15 (1) of the Convention, States parties must take steps to eliminate discrimination against women in the public and private spheres and should confirm women's equality with men before the law. To this end, States should take positive measures to ensure that women are not discriminated against and that they are provided with effective legal protection throughout the asylum process, including by providing legal aid, legal representation and assistance, as necessary.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2014
Paragraph
The right to just and favourable conditions of work (Art. 7) 2016, para. 57
- Paragraph text
- Any person who has experienced a violation of the right to just and favourable conditions of work should have access to effective judicial or other appropriate remedies, including adequate reparation, restitution, compensation, satisfaction or guarantees of non repetition. Access to remedy should not be denied on the grounds that the affected person is an irregular migrant. Not only courts, but also national human rights institutions, labour inspectorates and other relevant mechanisms, should have authority to address such violations. States should review and, if necessary, reform their legislation and codes of procedure to ensure access to remedies, as well as procedural fairness. Legal assistance for obtaining remedies should be available and it should be free for those who are unable to pay.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons on the move
- Year
- 2016
Paragraph
Migrant domestic workers 2011, para. 32b
- Paragraph text
- [In line with articles 64 and 65, States of origin and employment are encouraged to cooperate on:] The use of standard, unified and binding employment contracts, with fair, full and clear conditions and labour standards that are enforceable - and enforced - by systems of law in countries both of origin and employment. Such standard contracts, as well as services where migrant domestic workers can receive counselling and guidance or submit complaints, could also usefully be included in bilateral and multilateral agreements between countries of origin and employment;
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2011
Paragraph
Rights of migrant workers in an irregular situation and members of their families 2013, para. 32
- Paragraph text
- Article 16, paragraph 8, provides for the right of all migrant workers and members of their families who are deprived of their liberty by arrest or detention to take proceedings before a court, in order that the court may decide without delay on the lawfulness of their detention. If the court finds that the detention is unlawful, it must order the release of the detained migrant worker. The Committee considers that mandatory detention of migrant workers and members of their families in an irregular situation is incompatible with article 16, paragraph 8, if the possibility of judicial review is confined to a formal assessment of whether the migrant worker concerned entered the State party without a valid entry permit, without the possibility of release if the detention is incompatible with article 16, paragraph 4.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2013
Paragraph
Rights of migrant workers in an irregular situation and members of their families 2013, para. 33
- Paragraph text
- The Committee considers that anyone arrested and detained solely for immigration purposes should be brought promptly before a judge or other officer authorized by law to exercise judicial power to review the lawfulness of the arrest and/or detention and the continued necessity of such arrest or detention; and to order unconditional release and/or less coercive measures, if warranted. Further reviews of the continued necessity and lawfulness of the detention should be carried out at regular intervals by a judge or other officer authorized by law to exercise judicial power. The burden of proof must rest on the detaining authorities to demonstrate that the presumption in favour of liberty should be displaced. The migrant worker must have access to legal representation and advice, if necessary free of charge, to challenge the lawfulness of detention. Children, and in particular unaccompanied or separated children, should never be detained solely for immigration purposes.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2013
Paragraph
Rights of migrant workers in an irregular situation and members of their families 2013, para. 34
- Paragraph text
- Article 16, paragraph 8, of the Convention provides for the right of migrant workers attending such proceedings to an interpreter, if necessary, without cost to them, if they cannot understand or speak the language used. In the Committee's view, States parties should take effective measures to ensure that all migrant workers held in migration detention centres, including those who opt for voluntary repatriation, are properly informed of their rights in a language they understand, especially with regard to their rights to consular assistance, to challenge the lawfulness of their detention and/or to release, to request asylum and to receive information about protection measures available to victims or witnesses of trafficking in persons.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2013
Paragraph
Rights of migrant workers in an irregular situation and members of their families 2013, para. 26
- Paragraph text
- In the Committee's view, any custodial or non-custodial measure restricting the right to liberty must be exceptional and always based on a detailed and individualized assessment. Such assessment should consider the necessity and appropriateness of any restriction of liberty, including whether it is proportional to the objective to be achieved. The principle of proportionality requires States parties to detain migrant workers only as a last resort, and to give preference to less coercive measures, especially non-custodial measures, whenever such measures suffice to achieve the objective pursued. In all such cases, the least intrusive and restrictive measure possible in each individual case should be applied.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2013
Paragraph
Rights of migrant workers in an irregular situation and members of their families 2013, para. 66
- Paragraph text
- With regard to article 26, paragraph 2, the Committee notes that similar limitations can be found in article 8, paragraph 1(a), of the International Covenant on Economic, Social and Cultural Rights and in article 22, paragraph 2, of the International Covenant on Civil and Political Rights. It refers to the jurisprudence of the relevant treaty bodies for the purposes of interpreting what constitute permissible restrictions under article 26, paragraph 2, of the Convention.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2013
Paragraph
The right of the child to have his or her best interest taken as a primary consideration 2013, para. 75
- Paragraph text
- An important element to consider is the child's situation of vulnerability, such as disability, belonging to a minority group, being a refugee or asylum seeker, victim of abuse, living in a street situation, etc. The purpose of determining the best interests of a child or children in a vulnerable situation should not only be in relation to the full enjoyment of all the rights provided for in the Convention, but also with regard to other human rights norms related to these specific situations, such as those covered in the Convention on the Rights of Persons with Disabilities, the Convention relating to the Status of Refugees, among others.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2013
Paragraph
Treatment of Unaccompanied and Separated Children Outside Their Country of Origin 2005, para. 64
- Paragraph text
- The obligation stemming from article 22 of the Convention to take "appropriate measures" to ensure that a child, whether unaccompanied or accompanied, who is seeking refugee status receives appropriate protection entails, inter alia, the responsibility to set up a functioning asylum system and, in particular, to enact legislation addressing the particular treatment of unaccompanied and separated children and to build capacities necessary to realize this treatment in accordance with applicable rights codified in the Convention and in other international human rights, refugee protection or humanitarian instruments to which the State is a party. States facing resource constraints in staging such capacity-building efforts are strongly encouraged to seek international assistance, including that provided by UNHCR.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2005
Paragraph
Treatment of Unaccompanied and Separated Children Outside Their Country of Origin 2005, para. 66
- Paragraph text
- Asylum-seeking children, including those who are unaccompanied or separated, shall enjoy access to asylum procedures and other complementary mechanisms providing international protection, irrespective of their age. In the case that facts become known during the identification and registration process which indicate that the child may have a well-founded fear or, even if unable to explicitly articulate a concrete fear, the child may objectively be at risk of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion, or otherwise be in need of international protection, such a child should be referred to the asylum procedure and/or, where relevant, to mechanisms providing complementary protection under international and domestic law.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2005
Paragraph
Treatment of Unaccompanied and Separated Children Outside Their Country of Origin 2005, para. 57
- Paragraph text
- If, under certain circumstances, exceptional internment of a child soldier over the age of 15 years is unavoidable and in compliance with international human rights and humanitarian law, for example, where she or he poses a serious security threat, the conditions of such internment should be in conformity with international standards, including article 37 of the Convention and those pertaining to juvenile justice, and should not preclude any tracing efforts and priority participation in rehabilitation programmes.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Children
- Persons on the move
- Year
- 2005
Paragraph
Treatment of Unaccompanied and Separated Children Outside Their Country of Origin 2005, para. 91
- Paragraph text
- [States must have full respect for the preconditions provided under article 21 of the Convention as well as other relevant international instruments, including in particular the Hague Convention on Protection of Children and Cooperation in Respect of Inter-Country Adoption and its 1994 Recommendation Concerning the Application to Refugee and other Internationally Displaced Children when considering the adoption of unaccompanied and separated children. States should, in particular, observe the following:] If it is contrary to the expressed wishes of the child or the parents;
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2005
Paragraph
Treatment of Unaccompanied and Separated Children Outside Their Country of Origin 2005, para. 91
- Paragraph text
- [States must have full respect for the preconditions provided under article 21 of the Convention as well as other relevant international instruments, including in particular the Hague Convention on Protection of Children and Cooperation in Respect of Inter-Country Adoption and its 1994 Recommendation Concerning the Application to Refugee and other Internationally Displaced Children when considering the adoption of unaccompanied and separated children. States should, in particular, observe the following:] Unless a reasonable time has passed during which all feasible steps to trace the parents or other surviving family members has been carried out. This period of time may vary with circumstances, in particular, those relating to the ability to conduct proper tracing; however, the process of tracing must be completed within a reasonable period of time;
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2005
Paragraph
Treatment of Unaccompanied and Separated Children Outside Their Country of Origin 2005, para. 91
- Paragraph text
- [States must have full respect for the preconditions provided under article 21 of the Convention as well as other relevant international instruments, including in particular the Hague Convention on Protection of Children and Cooperation in Respect of Inter-Country Adoption and its 1994 Recommendation Concerning the Application to Refugee and other Internationally Displaced Children when considering the adoption of unaccompanied and separated children. States should, in particular, observe the following:] Adoption in a country of asylum should not be taken up when there is the possibility of voluntary repatriation under conditions of safety and dignity in the near future.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2005
Paragraph
The right of the child to be heard 2009, para. 21
- Paragraph text
- [The Committee emphasizes that article 12 imposes no age limit on the right of the child to express her or his views, and discourages States parties from introducing age limits either in law or in practice which would restrict the child's right to be heard in all matters affecting her or him. In this respect, the Committee underlines the following:] Third, States parties are also under the obligation to ensure the implementation of this right for children experiencing difficulties in making their views heard. For instance, children with disabilities should be equipped with, and enabled to use, any mode of communication necessary to facilitate the expression of their views. Efforts must also be made to recognize the right to expression of views for minority, indigenous and migrant children and other children who do not speak the majority language.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Children
- Ethnic minorities
- Persons on the move
- Persons with disabilities
- Year
- 2009
Paragraph
The right of the child to be heard 2009, para. 118
- Paragraph text
- The Convention establishes the right of the child to be protected from all forms of violence and the responsibility of States parties to ensure this right for every child without any discrimination. The Committee encourages States parties to consult with children in the development and implementation of legislative, policy, educational and other measures to address all forms of violence. Particular attention needs to be paid to ensuring that marginalized and disadvantaged children, such as exploited children, street children or refugee children, are not excluded from consultative processes designed to elicit views on relevant legislation and policy processes.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Means of adoption
- N.A.
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Persons on the move
- Year
- 2009
Paragraph
Gender-related dimensions of refugee status, asylum, nationality and statelessness of women 2014, para. 43
- Paragraph text
- States parties should not deem that a woman asylum seeker lacks credibility for the mere reason of lack of documentation to support her asylum claim. Instead, they should take into account that women in many countries do not possess documentation in their respective countries of origin and seek to establish credibility by other means.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2014
Paragraph
Joint general comment No. 3 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 22 (2017) of the Committee on the Rights of the Child on the general principles regarding the human rights ... 2017, para. 18
- Paragraph text
- The Committees are of the opinion that, in order to fulfil the rights of all children in the context of international migration, the following elements should be part of the policies and practices to be developed and implemented: (a) comprehensive, inter-institutional policies between child protection and welfare authorities and other key bodies, including on social protection, health, education, justice, migration and gender, and between regional, national and local governments; (b) adequate resources, including budgetary, aimed at ensuring effective implementation of policies and programmes; and (c) continuous and periodic training of child protection, migration and related officials on the rights of children, migrants and refugees and on statelessness, including intersectional discrimination.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2017
Paragraph
Joint general comment No. 3 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 22 (2017) of the Committee on the Rights of the Child on the general principles regarding the human rights ... 2017, para. 20
- Paragraph text
- The Committees reaffirm the application of articles 41 of the Convention on the Rights of the Child and 81 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, and reiterate that the provisions in domestic and international legislation that are the most conducive to the realization of the rights of all children in the context of international migration shall apply in cases where standards differ. Furthermore, a dynamic interpretation of the Conventions based on a child-centred approach is necessary to ensure their effective implementation and the respect, protection and fulfilment of the rights of all children in the context of the increasing number of challenges that migration poses for children.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2017
Paragraph