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Women’s access to justice 2015, para. 40
- Paragraph text
- Given the diversity of institutions and judicial arrangements around the world, some elements placed under one field of law in one country may be placed elsewhere in another. For example, the definition of discrimination may or may not be included in the Constitution; protection orders may appear under family law and/or under criminal law; and asylum and refugee issues may be dealt with by administrative courts or by quasi-judicial bodies. States parties are asked to consider the paragraphs below in that light.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Women
- Year
- 2015
Paragraph
Women migrant workers 2008, para. 20
- Paragraph text
- Women migrant workers are more vulnerable to sexual abuse, sexual harassment and physical violence, especially in sectors where women predominate. Domestic workers are particularly vulnerable to physical and sexual assault, food and sleep deprivation and cruelty by their employers. Sexual harassment of women migrant workers in other work environments, such as on farms or in the industrial sector, is a problem worldwide (see E/CN.4/1998/74/Add.1). Women migrant workers who migrate as spouses of male migrant workers or along with family members face an added risk of domestic violence from their spouses or relatives if they come from a culture that values the submissive role of the women in the family.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Families
- Persons on the move
- Women
- Year
- 2008
Paragraph
Women migrant workers 2008, para. 16
- Paragraph text
- Women migrant workers may be unable to save or transmit savings safely through regular channels due to isolation (for domestic workers), cumbersome procedures, language barriers, or high transaction costs. This is a great problem since in general they earn less than men. Women may further face familial obligations to remit all their earnings to their families to a degree that may not be expected of men. For example, single women may be expected to support even extended family members at home.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Gender
- Movement
- Person(s) affected
- Families
- Men
- Persons on the move
- Women
- Year
- 2008
Paragraph
Women migrant workers 2008, para. 11
- Paragraph text
- Women migrant workers may face sex- and gender-based discrimination, including compulsory HIV and AIDS testing for women returnees, moral "rehabilitation" for young women returnees and increased personal and social costs compared to men, without adequate gender-responsive services. For example, men may return to a stable family situation, whereas women may find disintegration of the family upon their return, with their absence from home regarded as the cause of such disintegration. There may also be a lack of protection against reprisals from exploitative recruiting agents.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Movement
- Person(s) affected
- Families
- Men
- Persons on the move
- Women
- Youth
- Year
- 2008
Paragraph
Women migrant workers 2008, para. 2
- Paragraph text
- This general recommendation intends to contribute to the fulfilment of the obligations of States parties to respect, protect and fulfil the human rights of women migrant workers, alongside the legal obligations contained in other treaties, the commitments made under the plans of action of world conferences and the important work of migration-focused treaty bodies, especially the Committee on the Protection of the Rights of All Migrant Workers and Members of their Families. While the Committee notes that the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families protects individuals, including migrant women, on the basis of their migration status, the Convention on the Elimination of All Forms of Discrimination against Women protects all women, including migrant women, against sex- and gender-based discrimination. While migration presents new opportunities for women and may be a means for their economic empowerment through wider participation, it may also place their human rights and security at risk. Hence, this general recommendation aims to elaborate the circumstances that contribute to the specific vulnerability of many women migrant workers and their experiences of sex- and gender-based discrimination as a cause and consequence of the violations of their human rights.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Women
- Year
- 2008
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 73
- Paragraph text
- Lastly, global initiatives, such as the 2030 Agenda for Sustainable Development, call upon States to eradicate, inter alia, trafficking in and other forms of exploitation of children in its targets 5.3, 8.7 and 16.2. In addition, the New York Declaration for Refugees and Migrants (General Assembly resolution 71/1) commits States to protect the human rights of all refugee and migrant children, regardless of their status, in particular those of unaccompanied children or of children separated from their families. The ensuing development of the global compact for safe, orderly and regular migration and of that on refugees constitutes a potential additional landmark for the protection of children on the move from trafficking and other forms of exploitation.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 60
- Paragraph text
- In addition, States’ capacities and approach to implementing durable solutions for children vary. While some prioritize child protection, others look at it as a matter of security, do not consider such situations as their responsibility or do not have the capacity to provide child protection in conflict- and disaster-affected areas. Concerns have been raised about the policy adopted by some States to discourage unaccompanied children in transit to apply for asylum or any other form of protection. In Europe, in particular, States’ responses are very fragmented. In places where migrants or refugees reside, including reception centres, refugee camps or informal settlements, unaccompanied children are viewed as young people in transit for whom local integration is not a suitable option. While family reunification applies in such cases, it is rarely implemented in practice, owing to, among other reasons, the restricted concept of family (limited to close relatives only) which does not take into account the diversity in type and composition of families across regions. In addition, the process for family reunification is often lengthy and complex.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 59
- Paragraph text
- A durable solution is a long-term, sustainable solution that ensures that all children, including unaccompanied and separated children, can develop into adulthood in an environment that will meet their needs and rights, including recovery and (re)integration. Such solutions may encompass voluntary repatriation, resettlement, local integration and complementary pathways to protection and other durable solutions. However, the common practice has been the return of the child to their family or country of origin as a first option. States should only return or repatriate unaccompanied children as a measure of protection, for example, to ensure family reunification in cases in which it is in the child’s best interest and after due process of law. Unfortunately, in countries where reception networks are overwhelmed by the increasing number of children on the move, individual assessments of the best interests of the child are not taken into account and children are placed in inadequate facilities. These deficiencies in the protection system also increase children’s vulnerability to exploitation and trafficking. Confronted with the States’ failure to provide an adequate response, children see traffickers and smugglers as a preferable source of support. These reasons, together with the gaps identified in child protection systems and the lack of reliable data and coordination among services and across transit and destination countries, contribute to the rising figures of missing children. In addition, children may not wish to be identified in the first European Union country that they enter in order to escape the implications of the Dublin regulation (regulation (EU) No. 604/2013) establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- Families
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 58
- Paragraph text
- Another aspect of States’ failure to protect children in the context of humanitarian responses is the alarming practice of child detention owing to their irregular migration status. The Committee on the Rights of the Child and other human rights mechanisms have underscored that immigration-related detention of children can never be in their best interests and that, no matter whether they are unaccompanied or with their families, their detention constitutes a violation of their rights that, at times, may amount to “torture and ill-treatment”. The reasons invoked by States to resort to immigration-related detention of children include health and security screening, identity verification, protection and the facilitation of removal from the country. Alternatives to child detention should be sought. Children should be allowed to reside in a community-based context while their immigration status is being resolved. Good practices of such alternatives include the child-sensitive community assessment and placement model.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 53
- Paragraph text
- Despite international, regional and national efforts to implement an effective humanitarian response to current crises, the increasing number of unaccompanied and separated children poses severe challenges to transit and destination countries and humanitarian agencies with respect to protecting and supporting refugee and migrant children adequately. The absence or inadequacy of child protection systems, the lack of coordination among different child protection services and the limited capacity in camps to host children in specialized and separated facilities exacerbate the risks to exploitation to which they are exposed during their journey. The lengthy processing of family reunification and resettlement solutions or inefficient family reunification procedures, in addition to poor living conditions experienced in camps and the possibility to be placed in detention, are all factors driving migrant children to avoid the child protection system in transit and destination countries. Moreover, a lack of knowledge and awareness among the humanitarian community about the vulnerabilities experienced by boys and girls on the move, together with the children’s lack of information about their own situation, represent further barriers in protecting children’s rights effectively in situations of conflict and humanitarian crisis. Other gaps include a lack of timely information, legal options and legal counselling, timely appointment of guardians and firewalls between child protection and migration authorities as effective means to safeguard the children’s interests and protect their rights, including access to justice and remedies.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Movement
- Person(s) affected
- Boys
- Children
- Families
- Girls
- Persons on the move
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 43
- Paragraph text
- Once children reach their destinations, they may encounter a different array of obstacles, including detention, lengthy family reunification processes (when they are available at all), discriminatory treatment while in State care, limited access to social services, education and career opportunities, and uncertainty regarding their residence status in the country. In the United States, there have been cases of trafficking in unaccompanied migrant children who, after their cases were processed by agencies of the Department of Homeland Security and the Department of Health and Human Services, have been placed with family members in the country. At times, some of those children have been trafficked for sexual and labour exploitation by criminal networks who posed as family members or forced them into begging or drug smuggling.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Movement
- Violence
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 40
- Paragraph text
- Finally, the practice of “temporary” child or forced marriages is one of the dangerous coping mechanisms that girls face while in refugee camps in transit countries. Confronted with the economic burdens brought on by protracted displacement and limited or inexistent work opportunities, some refugee and migrant parents, and often children themselves, turn to those measures because they feel that they are the only option for safeguarding a child’s future or supporting a family’s immediate needs. For example, Syrian refugee girls are often forcibly married by their parents, who view such arrangements as a way of securing their daughters’ safety and ensuring the family’s livelihood through the dowry. Once married, those girls are likely to end up in a situation of sexual and domestic exploitation by a spouse whom they have followed abroad. The use of child and forced marriages to traffic girls into prostitution in another country is also common.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Movement
- Violence
- Person(s) affected
- Children
- Families
- Girls
- Persons on the move
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 32
- Paragraph text
- Threats faced by boys and girls do not end when they leave their home countries. As they travel onward, often paying their way through dangerous routes by using exploitative smuggling and trafficking networks, children are subject to further violence, abuse and exploitation, including at borders owing to pushbacks and interceptions by border control officials. Unaccompanied children and those separated from their families face heightened risks, both along the route and upon arrival in transit countries.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Movement
- Violence
- Person(s) affected
- Boys
- Children
- Families
- Girls
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 31
- Paragraph text
- The aftermath of humanitarian disasters is also a fertile ground for the illegal international adoption of children, as it is facilitated by the breakdown of institutions and the lack of border control. For example, following the earthquakes in Haiti in 2010 and Nepal in 2015, there were concerns that separated and orphaned children were being trafficked for sexual or labour exploitation, sold or illegally adopted, sometimes by well-meaning families. In addition, the crossover between smuggling and trafficking represents a major risk for children, including those who go missing with the aim of reaching relatives or acquaintances in another country.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Movement
- Violence
- Person(s) affected
- Children
- Families
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 23
- Paragraph text
- In the absence of safe and regular migration channels, as well as permanent and accessible mechanisms for children and their families to access long-term regular migration status or residence permits, children are forced to search for precarious alternatives that increase their exposure to risks of sale, trafficking and other forms of exploitation.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Movement
- Person(s) affected
- Children
- Families
- Year
- 2017
Paragraph
Unpaid care work and women's human rights 2013, para. 66
- Paragraph text
- In many countries in the global South, growing numbers of women are compelled to migrate in order to provide for the future of their family, often as a result of shortages of well-remunerated jobs at home. Often migrant women take on jobs abroad as domestic workers, in what has been called the "global care chain". Migrant workers therefore fill the unmet need for care services in the richer destinations, while family members that remain at home must devise new strategies for reorganizing tasks and care responsibilities in their absence. Overall, this intensifies the care deficit in poorer countries.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Movement
- Person(s) affected
- Families
- Persons on the move
- Women
- Year
- 2013
Paragraph
Treatment of Unaccompanied and Separated Children Outside Their Country of Origin 2005, para. 100
- Paragraph text
- Data collected within such a system should ideally include but not be limited to: basic biographical data on each child (including age, sex, country of origin and nationality, ethnic group); total number of unaccompanied and separated children attempting to enter the country and the number that have been refused entry; number of requests for asylum; number of legal representatives and guardians assigned to such children; legal and immigration status (i.e. asylum-seeker, refugee, temporary resident permit); living arrangements (i.e. in institutions, with families or living independently); enrolment in school or vocational training; family reunifications; and, numbers returned to their country of origin. In addition, States parties should consider collecting qualitative data that would allow them to analyse issues that remain insufficiently addressed, such as for instance, disappearances of unaccompanied and separated children and the impact of trafficking.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- 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. 93
- Paragraph text
- The best-interests assessment determination, prior to a decision to resettle, needs also to take into account other factors such as: the envisaged duration of legal or other obstacles to a child's return to his or her home country; the child's right to preserve his or her identity, including nationality and name (art. 8); the child's age, sex, emotional state, educational and family background; continuity/discontinuity of care in the host country; the desirability of continuity in a child's upbringing and to the child's ethnic, religious, cultural and linguistic background (art. 20); the right of the child to preserve his or her family relations (art. 8) and related short, medium and long-term possibilities of family reunion either in the home, host, or resettlement country. Unaccompanied or separated children should never be resettled to a third country if this would undermine or seriously hamper future reunion with their family.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Movement
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Year
- 2005
Paragraph
Treatment of Unaccompanied and Separated Children Outside Their Country of Origin 2005, para. 92
- Paragraph text
- Resettlement to a third country may offer a durable solution for an accompanied or separated child who cannot return to the country of origin and for whom no durable solution can be envisaged in the host country. The decision to resettle an unaccompanied or separated child must be based on an updated, comprehensive and thorough best-interests assessment, taking into account, in particular, ongoing international and other protection needs. Resettlement is particularly called for if such is the only means to effectively and sustainably protect a child against refoulement or against persecution or other serious human rights violations in the country of stay. Resettlement is also in the best interests of the unaccompanied or separated child if it serves family reunification in the resettlement country.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Movement
- Person(s) affected
- Children
- Families
- 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
- 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
- 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:] Priority must be given to adoption by relatives in their country of residence. Where this is not an option, preference will be given to adoption within the community from which the child came or at least within his or her own culture;
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- 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:] Where there is reasonable hope of successful tracing and family reunification is in the child's best interests;
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- 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 of unaccompanied or separated children should only be considered once it has been established that the child is in a position to be adopted. In practice, this means, inter alia, that efforts with regard to tracing and family reunification have failed, or that the parents have consented to the adoption. The consent of parents and the consent of other persons, institutions and authorities that are necessary for adoption must be free and informed. This supposes notably that such consent has not been induced by payment or compensation of any kind and has not been withdrawn;
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- 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. 85
- Paragraph text
- In the absence of the availability of care provided by parents or members of the extended family, return to the country of origin should, in principle, not take place without advance secure and concrete arrangements of care and custodial responsibilities upon return to the country of origin.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Movement
- Person(s) affected
- Children
- Families
- Year
- 2005
Paragraph
Treatment of Unaccompanied and Separated Children Outside Their Country of Origin 2005, para. 84
- Paragraph text
- [Return to the country of origin is not an option if it would lead to a "reasonable risk" that such return would result in the violation of fundamental human rights of the child, and in particular, if the principle of non-refoulement applies. Return to the country of origin shall in principle only be arranged if such return is in the best interests of the child. Such a determination shall, inter alia, take into account:] The child's right "to preserve his or her identity, including nationality, name and family relations" (art. 8);
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Families
- Year
- 2005
Paragraph
Treatment of Unaccompanied and Separated Children Outside Their Country of Origin 2005, para. 83
- Paragraph text
- Whenever family reunification in the country of origin is not possible, irrespective of whether this is due to legal obstacles to return or whether the best-interests-based balancing test has decided against return, the obligations under article 9 and 10 of the Convention come into effect and should govern the host country's decisions on family reunification therein. In this context, States parties are particularly reminded that "applications by a child or his or her parents to enter or leave a State party for the purpose of family reunification shall be dealt with by States parties in a positive, humane and expeditious manner" and "shall entail no adverse consequences for the applicants and for the members of their family" (art. 10 (1)). Countries of origin must respect "the right of the child and his or her parents to leave any country, including their own, and to enter their own country" (art. 10 (2)).
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Year
- 2005
Paragraph
Treatment of Unaccompanied and Separated Children Outside Their Country of Origin 2005, para. 82
- Paragraph text
- Family reunification in the country of origin is not in the best interests of the child and should therefore not be pursued where there is a "reasonable risk" that such a return would lead to the violation of fundamental human rights of the child. Such risk is indisputably documented in the granting of refugee status or in a decision of the competent authorities on the applicability of non-refoulement obligations (including those deriving from article 3 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and articles 6 and 7 of the International Covenant on Civil and Political Rights). Accordingly, the granting of refugee status constitutes a legally binding obstacle to return to the country of origin and, consequently, to family reunification therein. Where the circumstances in the country of origin contain lower level risks and there is concern, for example, of the child being affected by the indiscriminate effects of generalized violence, such risks must be given full attention and balanced against other rights-based considerations, including the consequences of further separation. In this context, it must be recalled that the survival of the child is of paramount importance and a precondition for the enjoyment of any other rights.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- 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. 72
- Paragraph text
- The interviews should be conducted by representatives of the refugee determination authority who will take into account the special situation of unaccompanied children in order to carry out the refugee status assessment and apply an understanding of the history, culture and background of the child. The assessment process should comprise a case-by-case examination of the unique combination of factors presented by each child, including the child's personal, family and cultural background. The guardian and the legal representative should be present during all interviews.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- 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. 40
- Paragraph text
- Mechanisms established under national law in order to ensure alternative care for such children in accordance with article 22 of the Convention, shall also cover unaccompanied or separated children outside their country of origin. A wide range of options for care and accommodation arrangements exist and are explicitly acknowledged in article 20 (3) as follows: "… inter alia, foster placement, kafalah of Islamic law, adoption or, if necessary, placement in suitable institutions for the care of children". When selecting from these options, the particular vulnerabilities of such a child, not only having lost connection with his or her family environment, but further finding him or herself outside of his or her country of origin, as well as the child's age and gender, should be taken into account. In particular, due regard ought to be taken of the desirability of continuity in a child's upbringing and to the ethnic, religious, cultural and linguistic background as assessed in the identification, registration and documentation process. [...]
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Year
- 2005
Paragraph