CRC/GC/2005/6
page 6
II. STRUCTURE AND SCOPE OF THE GENERAL COMMENT
5.
This general comment applies to unaccompanied and separated children who find
themselves outside their country of nationality (consistent with article 7) or, if stateless, outside
their country of habitual residence. The general comment applies to all such children
irrespective of their residence status and reasons for being abroad, and whether they are
unaccompanied or separated. However, it does not apply to children who have not crossed an
international border, even though the Committee acknowledges the many similar challenges
related to internally displaced unaccompanied and separated children, recognizes that much
of the guidance offered below is also valuable in relation to such children, and strongly
encourages States to adopt relevant aspects of this general comment in relation to the protection,
care and treatment of unaccompanied and separated children who are displaced within their own
country.
6.
While the mandate of the Committee is confined to its supervisory function in relation
to the Convention, its interpretation efforts must be conducted in the context of the entirety
of applicable international human rights norms and, therefore, the general comment adopts
a holistic approach to the question of the proper treatment of unaccompanied and separated
children. This acknowledges that all human rights, including those contained in the
Convention, are indivisible and interdependent. The importance of other international human
rights instruments to the protection of the child is also recognized in the preamble to the
Convention.
III. DEFINITIONS
7.
“Unaccompanied children” (also called unaccompanied minors) are children, as
defined in article 1 of the Convention, who have been separated from both parents and other
relatives and are not being cared for by an adult who, by law or custom, is responsible for doing
so.
8.
“Separated children” are children, as defined in article 1 of the Convention, who have
been separated from both parents, or from their previous legal or customary primary caregiver,
but not necessarily from other relatives. These may, therefore, include children accompanied by
other adult family members.
9.
A “child as defined in article 1 of the Convention”, means “every human being below
the age of 18 years unless under the law applicable to the child, majority is attained earlier”.
This means that any instruments governing children in the territory of the State cannot
define a child in any way that deviates from the norms determining the age of majority in that
State.
10.
If not otherwise specified, the guidelines below apply equally to both unaccompanied and
separated children.
11.
“Country of origin” is the country of nationality or, in the case of a stateless child, the
country of habitual residence.
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