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Rights of the child: protection of the rights of the child in humanitarian situations, para. 15
- Paragraph text
- Recalling that, around the world, nearly 50 million children have migrated across borders or been forcibly displaced, including more than 10 million child refugees, 1 million child asylum seekers and another 20 million migrant children who have crossed international borders, an estimated 17 million children internally displaced due to conflict and violence and more than 300,000 unaccompanied and separated children, and that children now comprise half of all refugees,
- Body
- United Nations Human Rights Council
- Document type
- Resolution
- Topic(s)
- Humanitarian
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2018
Paragraph
Rights of the child: protection of the rights of the child in humanitarian situations, para. 23
- Paragraph text
- 5. Urges States to provide age-, disability- and gender-sensitive humanitarian assistance, including specialized child protection services, to children in the context of humanitarian situations, including refugee and displaced children, that takes into account the particular vulnerabilities and specific protection needs of children, including those who have been forced to flee violence, who have suffered persecution, who are the primary caregivers of families, who have disabilities or who are unaccompanied or separated;
- Body
- United Nations Human Rights Council
- Document type
- Resolution
- Topic(s)
- Equality & Inclusion
- Gender
- Humanitarian
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Persons with disabilities
- Year
- 2018
Paragraph
Rights of the child: protection of the rights of the child in humanitarian situations, para. 24
- Paragraph text
- 6. Also urges States, in accordance with their obligations under international law, to take all appropriate steps to facilitate the reunification of families separated in armed conflict, including, where relevant, by establishing a national bureau to receive information from and transmit information to family members, by supplying to the Central Tracing Agency of the International Committee of the Red Cross information concerning persons reported missing and by encouraging the work of the humanitarian organizations engaged in the task of family tracing and reunification, and, in cases where no parents or other family members of a child can be found, to ensure that the child is accorded the same protection as any other child permanently or temporarily deprived of his or her family environment for any reason;
- Body
- United Nations Human Rights Council
- Document type
- Resolution
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Children
- Families
- Year
- 2018
Paragraph
Rights of the child: protection of the rights of the child in humanitarian situations, para. 28
- Paragraph text
- 10. Urges States to ensure that timely and adequate funding and attention is dedicated to children in the contexts of national disarmament, demobilization and reintegration programmes and of settlement, rehabilitation and reintegration efforts for children associated with armed forces and groups, including detained children, and to secure the long-term sustainability of such efforts;
- Body
- United Nations Human Rights Council
- Document type
- Resolution
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Children
- Year
- 2018
Paragraph
Rights of the child: protection of the rights of the child in humanitarian situations, para. 25
- Paragraph text
- 7. Calls upon States to put in place, if they have not yet done so, appropriate policies, systems and procedures to ensure that the best interests of the child are a primary consideration in all actions or decisions concerning migrant children, regardless of their migration status, and to use alternatives to the detention of migrant children, including by promoting the use of non-custodial solutions, implemented by competent child protection actors engaging with the child and, where applicable, his or her family;
- Body
- United Nations Human Rights Council
- Document type
- Resolution
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2018
Paragraph
Technical assistance and capacity-building to improve human rights in Libya, para. 9
- Paragraph text
- Expressing deep concern at the impact of the security, economic and humanitarian situation in Libya on its people, and at the continued human rights violations and abuses committed in Libya and continued mass displacement, and its particular impact on women and children,
- Body
- United Nations Human Rights Council
- Document type
- Resolution
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Children
- Women
- Year
- 2018
Paragraph
Technical assistance and capacity-building to improve human rights in Libya, para. 29
- Paragraph text
- 13. Strongly condemns all acts of violence in Libya and all violations and abuses of human rights and violations of international humanitarian law that have been committed, in particular against civilians and migrants, including women and children, as well as those involving unlawful detentions, abductions, enforced disappearances, torture and unlawful killings;
- Body
- United Nations Human Rights Council
- Document type
- Resolution
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Children
- Persons on the move
- Women
- Year
- 2018
Paragraph
Rights of the child: protection of the rights of the child in humanitarian situations, para. 12
- Paragraph text
- Mindful of the commitment of States to work towards ending the detention of children for the purpose of determining their migration status in a manner that takes into account as a primary consideration the best interests of the child, in accordance with the New York Declaration for Refugees and Migrants,
- Body
- United Nations Human Rights Council
- Document type
- Resolution
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2018
Paragraph
Rights of the child: protection of the rights of the child in humanitarian situations, para. 14
- Paragraph text
- Recognizing that children are disproportionately affected in complex humanitarian emergencies, which increases their vulnerability as refugees, asylum seekers, internally displaced persons, stateless persons, migrants and those remaining in areas of armed conflict, in particular when they are unaccompanied and separated,
- Body
- United Nations Human Rights Council
- Document type
- Resolution
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2018
Paragraph
Rights of the child: protection of the rights of the child in humanitarian situations, para. 29
- Paragraph text
- 11. Calls upon States to protect children in the context of humanitarian situations from all forms of sale of children, including illegal adoption, and from all forms of trafficking in persons, including by training all stakeholders to identify potential child victims of trafficking and children at risk of being trafficked;
- Body
- United Nations Human Rights Council
- Document type
- Resolution
- Topic(s)
- Humanitarian
- Movement
- Violence
- Person(s) affected
- Children
- Year
- 2018
Paragraph
Rights of the child: protection of the rights of the child in humanitarian situations, para. 34
- Paragraph text
- of humanitarian emergencies, measures to address the increased vulnerability of girls to child, early and forced marriage and to protect children, especially girls, from sexual and gender-based violence, exploitation and abuse during humanitarian emergencies and situations of forced displacement, armed conflict and natural disaster, including by ensuring that health-care and education services, goods and facilities are available, accessible, acceptable and of quality and that safe counselling, reporting and complaint mechanisms are available to and accessible by all child victims of violence, including sexual violence;
- Body
- United Nations Human Rights Council
- Document type
- Resolution
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Movement
- Violence
- Person(s) affected
- Children
- Girls
- Year
- 2018
Paragraph
Rights of the child: protection of the rights of the child in humanitarian situations, para. 35
- Paragraph text
- 15. Reminds States of their obligation to register all births without discrimination of any kind, and also reminds States that birth registration should take place immediately after birth, in the country where children are born, including the children of migrants, non-nationals, asylum seekers, refugees, displaced and stateless persons, in accordance with their national law and their obligations under the relevant international instruments, that late birth registration should be limited to those cases that would otherwise result in a lack of registration and that the child has the rights from birth to a name, to acquire a nationality and, as far as possible, to know and be cared for by his or her parents;
- Body
- United Nations Human Rights Council
- Document type
- Resolution
- Topic(s)
- Civil & Political Rights
- Humanitarian
- Movement
- Person(s) affected
- Children
- Infants
- Persons on the move
- Year
- 2018
Paragraph
Rights of the child: protection of the rights of the child in humanitarian situations, para. 27
- Paragraph text
- 9. Strongly condemns the recruitment and use of children in violation of applicable international law, and calls upon States to take all feasible measures to implement effective measures for the rehabilitation and physical and psychological recovery of those who have been so recruited or used and for their reintegration into society, in particular through educational measures, taking into account the rights and specific needs of girls;
- Body
- United Nations Human Rights Council
- Document type
- Resolution
- Topic(s)
- Education
- Humanitarian
- Movement
- Person(s) affected
- Children
- Girls
- Year
- 2018
Paragraph
Human rights and unilateral coercive measures, para. 39
- Paragraph text
- 7. Also expresses its grave concern that, in some countries, the socioeconomic conditions of family members, particularly women and children, are adversely affected by unilateral coercive measures, imposed and maintained contrary to international law and the Charter, that create obstacles to trade relations among States, restrict movement through various means of transport, impede the full realization of social and economic development and hinder the well-being of the population in the affected countries, with particular consequences for women, children, including adolescents, the elderly and persons with disabilities;
- Body
- United Nations Human Rights Council
- Document type
- Resolution
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Movement
- Person(s) affected
- Adolescents
- Children
- Persons with disabilities
- Women
- Year
- 2018
Paragraph
Technical assistance and capacity-building for Mali in the field of human rights, para. 29
- Paragraph text
- 7. Encourages the Malian authorities to put in place all necessary measures to prevent and put an end to the unlawful recruitment and use of children as soldiers, and to implement sustainable reintegration and rehabilitation programmes, including by taking into account the gender perspective;
- Body
- United Nations Human Rights Council
- Document type
- Resolution
- Topic(s)
- Gender
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2018
Paragraph
Rights of the child: protection of the rights of the child in humanitarian situations, para. 11
- Paragraph text
- Recognizing also the work undertaken on a global compact on refugees and a global compact for safe, orderly and regular migration, to be considered for adoption in 2018, and recalling the importance of protecting the human rights and fundamental freedoms of all refugee and migrant children, with the best interests of the child as a primary consideration,
- Body
- United Nations Human Rights Council
- Document type
- Resolution
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2018
Paragraph
Rights of the child: protection of the rights of the child in humanitarian situations, para. 20
- Paragraph text
- 3. Also calls upon States to give particular attention to the rights of the child in the context of humanitarian situations, consistent with their obligations under international human rights law and, as applicable, international humanitarian and refugee law;
- Body
- United Nations Human Rights Council
- Document type
- Resolution
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Children
- Year
- 2018
Paragraph
Technical assistance and capacity-building to improve human rights in Libya, para. 37
- Paragraph text
- 21. Expresses grave concern at the number of detainees, including conflict-related detainees and children, and at reports of torture, sexual and gender-based violence and harsh conditions in detention centres, and calls upon the Government of National Accord to establish full and effective control over all detention centres in order to ensure that detainees, including migrants, are treated in accordance with its international obligations, including, as applicable, those relating to fair trial guarantees and humane treatment in detention;
- Body
- United Nations Human Rights Council
- Document type
- Resolution
- Topic(s)
- Gender
- Humanitarian
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2018
Paragraph
Study on illegal adoptions 2017, para. 53
- Paragraph text
- The underlying push and pull factors that affect illegal adoptions and the sale of children are multidimensional and linked to the political, legal, socioeconomic, cultural and environmental context, at both the national and transnational levels. Situations of poverty and economic hardship, the lack of birth registration and discrimination, including gender-based discrimination and violence, are prominent root causes of and risk factors for illegal adoption, abandonments and relinquishments. An overarching enabling factor for illegal adoptions is weak or inexistent child protection systems at the national and local levels.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Social & Cultural Rights
- Violence
- Person(s) affected
- Children
- Year
- 2017
Paragraph
Study on illegal adoptions 2017, para. 20
- Paragraph text
- The 1993 Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption develops the principles set out in the Convention on the Rights of the Child, including the principle of subsidiarity. According to article 4 (b) of the 1993 Hague Convention, an adoption shall take place only if the competent authorities of the State of origin have determined, after possibilities for placement of the child within the State of origin have been given due consideration, that an intercountry adoption is in the child's best interests. Even though article 24 (b) of the African Charter on the Rights and Welfare of the Child explicitly requires intercountry adoption to be a measure of last resort, it has been interpreted as meaning that intercountry adoption is generally subsidiary to other alternative means of care. Therefore, all appropriate national alternative care solutions must be given due consideration before resorting to intercountry adoption.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Children
- Year
- 2017
Paragraph
Study on illegal adoptions 2017, para. 39
- Paragraph text
- The above-mentioned motivations for carrying out illegal adoptions often overlapped, as was notably the case in Spain throughout the Franco regime and during the first decades of democracy. Indeed, the practice of illegally adopting children for ideological and religious reasons soon morphed into a profit-driven criminal activity. Thousands of newborn babies were reportedly abducted from their parents by criminal networks involved in large-scale illegal adoptions. Medical personnel and clergy members actively participated in the abduction of children. Newborn babies were abducted from hospitals and subsequently told that their parents had died. The children were then given to other parents following the falsification of documents and, in certain cases, payments.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- Families
- Infants
- Year
- 2017
Paragraph
Study on illegal adoptions 2017, para. 84
- Paragraph text
- Guatemala presents one of the few examples of investigation and prosecution efforts having been made with the aim of dismantling criminal structures. In 2011, with the support of the United Nations-backed International Commission against Impunity in Guatemala, the Public Prosecutor's Office proved the existence of a criminal structure involved in trafficking in children for the purpose of illegal intercountry adoptions operated by owners of residential facilities with the complicity of lawyers, registrars and judges. Despite the convictions, the case illustrated the difficulties in balancing the conflicting needs and desires of those involved in adoptions (adoptees, adoptive parents and biological parents) and the interests of justice.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- Families
- Year
- 2017
Paragraph
Study on illegal adoptions 2017, para. 86
- Paragraph text
- Various countries emerging from conflict or an authoritarian regime have been confronted with allegations of systematic illegal adoptions as part of past large-scale abuses. Few countries have responded to victims' calls for truth, justice, reparation and guarantees of non-recurrence, however, and none have done so in a comprehensive manner. Argentina has pioneered such responses, in particular in relation to enforced disappearances, through truth-seeking and accountability. Genetic tracing and the establishment of a national genetic database have played a key role in identifying disappeared children who were subjected to illegal adoption and in efforts to seek judicial accountability. Moreover, the "disappeared" children, now adults, are stepping forward to uncover their biological origins and some are playing a role in the prosecution of their adoptive parents.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2017
Paragraph
Study on illegal adoptions 2017, para. 52
- Paragraph text
- International commercial surrogacy is a growing phenomenon quickly overtaking the number of intercountry adoptions. The international regulatory vacuum that persists in relation to international commercial surrogacy arrangements leaves children born through this method vulnerable to breaches of their rights, and the practice often amounts to the sale of children and may lead to illegal adoption. Indeed, several countries do not recognize such arrangements and, in order to establish a parent-child relationship, national laws often require parents to legally adopt the child born through international commercial surrogacy. However, if the international commercial surrogacy arrangement is found to amount to the sale of a child, the adoption too will consequently be illegal under international standards. Such a situation underscores the need for States to ensure that they are not inadvertently legitimizing the sale of children born through international commercial surrogacy by granting adoption orders.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Harmful Practices
- Movement
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Year
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 46
- Paragraph text
- Through resettlement programmes for refugees and the provision of humanitarian visas and other opportunities, it is well within the means of States to develop the mechanisms necessary for providing resettlement opportunities to refugees. A worldwide, well-governed distribution key that provides resettlement programmes for refugees and humanitarian visas and other opportunities will create a reliable long-term programme and ensure that a large number of refugees will seek resettlement rather than spend large sums of money and risk their lives and those of their children in smuggling operations. This would considerably reduce the market for smugglers, as well as the cost of refugee status determination procedures in the countries of destination.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 13
- Paragraph text
- States have an obligation under international human rights law to protect against human rights abuses perpetrated by third parties, including business enterprises, within their territory and/or jurisdiction. States’ obligations to prevent and combat trafficking in persons are clearly established in international human rights instruments. For example, the International Covenant on Civil and Political Rights prohibits slavery and forced or compulsory labour (art. 8) and the Convention on the Rights of the Child imposes on States parties an obligation to take all appropriate national, bilateral and multilateral measures to prevent the abduction of, the sale of or traffic in children for any purpose or in any form (art. 35).
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- Year
- 2017
Paragraph
Children in street situations 2017, para. 46
- Paragraph text
- Many children in street situations live with their families, either on or off the streets, and/or maintain family connections, and they should be supported to maintain those connections. States should not separate children from their families solely on the basis of the families’ street-working or street-living status. Likewise, States should not separate babies or children born to children themselves in street situations. Financial and material poverty, or conditions directly and uniquely imputable to such poverty, should never be the only justification for the removal of a child from parental care but should be seen as a signal for the need to provide appropriate support to the family. To prevent long-term separation, States can support temporary, rights-respecting care options for children whose parents, for instance, migrate for certain periods of the year for seasonal employment.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Movement
- Poverty
- Person(s) affected
- Children
- Families
- 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. 3
- Paragraph text
- In the context of international migration, children may be in a situation of double vulnerability as children and as children affected by migration who (a) are migrants themselves, either alone or with their families, (b) were born to migrant parents in countries of destination or (c) remain in their country of origin while one or both parents have migrated to another country. Additional vulnerabilities could relate to their national, ethnic or social origin; gender; sexual orientation or gender identity; religion; disability; migration or residence status; citizenship status; age; economic status; political or other opinion; or other status.
- 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
- 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. 17
- Paragraph text
- Children’s personal data, in particular biometric data, should only be used for child protection purposes, with strict enforcement of appropriate rules on collection, use and retention of, and access to, data. The Committees urge due diligence regarding safeguards in the development and implementation of data systems, and in the sharing of data between authorities and/or countries. States parties should implement a “firewall” and prohibit the sharing and use for immigration enforcement of the personal data collected for other purposes, such as protection, remedy, civil registration and access to services. This is necessary to uphold data protection principles and protect the rights of the child, as stipulated in the Convention on the Rights of the Child.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Children
- 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. 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
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2017
Paragraph