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Migrant domestic workers
- Organo
- Comité para los trabajadores migratorios
- Condicón jurídica
- Derecho dispositivo no negociado
- Tipo de documento
- Observación general / recomendación
- Año
- 2011
- Código de documento
- CMW/C/GC/1
- Fecha de adición
- 19 de ago. de 2019
Documento
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 ...
- Organo
- Comité para los trabajadores migratorios
- Condicón jurídica
- Derecho dispositivo no negociado
- Tipo de documento
- Observación general / recomendación
- Año
- 2017
- Código de documento
- CMW/C/GC/3-CRC/C/GC/22
- Fecha de adición
- 19 de ago. de 2019
Documento
Rights of migrant workers in an irregular situation and members of their families
- Organo
- Comité para los trabajadores migratorios
- Condicón jurídica
- Derecho dispositivo no negociado
- Tipo de documento
- Observación general / recomendación
- Año
- 2013
- Código de documento
- CMW/C/GC/2
- Fecha de adición
- 19 de ago. de 2019
Documento
Joint general comment No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 23 (2017) of the Committee on the Rights of the Child on State obligations regarding the human rights of c ...
- Organo
- Comité para los trabajadores migratorios
- Condicón jurídica
- Derecho dispositivo no negociado
- Tipo de documento
- Observación general / recomendación
- Año
- 2017
- Código de documento
- CMW/C/GC/4-CRC/C/GC/23
- Fecha de adición
- 19 de ago. de 2019
Documento
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. 14
- Paragraph text
- The Committees encourage States parties to ensure that the authorities responsible for children’s rights have a leading role, with clear decision-making power, on policies, practices and decisions that affect the rights of children in the context of international migration. Comprehensive child protection systems at the national and local levels should mainstream into their programmes the situation of all children in the context of international migration, including in countries of origin, transit, destination and return. In addition to the mandates of child protection bodies, authorities responsible for migration and other related policies that affect children’s rights should also systematically assess and address the impacts on and needs of children in the context of international migration at every stage of policymaking and implementation.
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Movement
- Personas afectadas
- Children
- Persons on the move
- Año
- 2017
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Rights of migrant workers in an irregular situation and members of their families 2013, para. 50
- Paragraph text
- The principle of non-refoulement, as contained in international and regional human rights and refugee law, is the prohibition on forcibly removing anyone, in any manner whatsoever, to a country or territory where they would be at real risk of persecution or serious human rights violations or abuses. In the view of the Committee, this principle covers the risk of torture and cruel, inhuman or degrading treatment or punishment, including inhumane and degrading conditions of detention for migrants or lack of necessary medical treatment in the country of return, as well as the risk to the right to life (arts. 9 and 10 of the Convention). It also applies to situations where individuals would not be protected from onward refoulement. The Committee is of the view that migrants and members of their families should be protected in cases where expulsions would constitute arbitrary interference with the right to family and private life. Migrants and members of their families in an irregular situation with international protection needs should also be protected against expulsion.
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Movement
- Personas afectadas
- Families
- Persons on the move
- Año
- 2013
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Rights of migrant workers in an irregular situation and members of their families 2013, para. 36a
- Paragraph text
- [In accordance with article 17, paragraph 1, of the Convention, States parties have an obligation to treat migrant workers and members of their families who are deprived of their liberty with humanity, and with respect for their inherent dignity and cultural identity. In order to respect the inherent dignity of migrant workers and members of their families who are deprived of their liberty, States parties are obliged to ensure adequate conditions in line with applicable international standards, including the provision of adequate sanitary, bathing and shower facilities; adequate food (including appropriate food for those observing religious dietary laws) and drinking water; the right to communicate with relatives and friends; access to qualified medical personnel, and adequate opportunities to practise their faith, for example. It also requires States parties to ensure that they are not subjected to any form of inhumane treatment, including sexual violence and abuse, by guards or other detainees or inmates. States parties must therefore:] Train supervisory and other staff;
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Movement
- Personas afectadas
- Families
- Persons on the move
- Año
- 2013
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Rights of migrant workers in an irregular situation and members of their families 2013, para. 36e
- Paragraph text
- [In accordance with article 17, paragraph 1, of the Convention, States parties have an obligation to treat migrant workers and members of their families who are deprived of their liberty with humanity, and with respect for their inherent dignity and cultural identity. In order to respect the inherent dignity of migrant workers and members of their families who are deprived of their liberty, States parties are obliged to ensure adequate conditions in line with applicable international standards, including the provision of adequate sanitary, bathing and shower facilities; adequate food (including appropriate food for those observing religious dietary laws) and drinking water; the right to communicate with relatives and friends; access to qualified medical personnel, and adequate opportunities to practise their faith, for example. It also requires States parties to ensure that they are not subjected to any form of inhumane treatment, including sexual violence and abuse, by guards or other detainees or inmates. States parties must therefore:] Bring those responsible to justice.
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Movement
- Personas afectadas
- Families
- Persons on the move
- Año
- 2013
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Rights of migrant workers in an irregular situation and members of their families 2013, para. 64
- Paragraph text
- Article 25 provides for equality in treatment regarding remuneration and other conditions of work between nationals and migrants and also guarantees this right in private employment contracts, notwithstanding the status of the migrant worker. Article 25, paragraph 3, states that employers shall not be relieved of any legal or contractual obligations, nor shall their obligations be limited in any manner by reason of any irregularity in the stay or employment of migrant workers. States parties shall provide for appropriate sanctions for employers who derogate from the principle of equality of treatment in private employment contracts with migrant workers in an irregular situation, and ensure that those migrant workers have access to labour courts or other judicial remedies when their rights are violated and without fear of being deported (art. 83). To give effect to this provision, the Committee is of the view that States parties shall also put in place an effective monitoring system for workplaces, especially in industries known to be employing migrant workers in an irregular situation.
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Temas
- Economic Rights
- Governance & Rule of Law
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2013
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Migrant domestic workers 2011, para. 23
- Paragraph text
- Contract law. National laws and regulations pertaining to contracts are often inapplicable to domestic work and/or domestic workers, either categorically or as a practical matter because domestic work is performed in the informal labour market.
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Personas afectadas
- Persons on the move
- Año
- 2011
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Migrant domestic workers 2011, para. 16
- Paragraph text
- Migrant domestic workers may encounter difficulties in reintegrating into the labour market and society in their countries of origin upon their return. They may also encounter difficulties related to the portability of pension and social security benefits.
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Temas
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2011
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Migrant domestic workers 2011, para. 15
- Paragraph text
- The prolonged absence of migrant domestic workers negatively affects the family unity, and the social and psychological wellbeing of members of their families and also often results in violations of the rights of their children who have remained in the country of origin.
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Temas
- Movement
- Personas afectadas
- Children
- Families
- Persons on the move
- Año
- 2011
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Migrant domestic workers 2011, para. 13a
- Paragraph text
- [In the workplace, many are subjected to abusive working conditions, including:] Partial and in many cases, total, restriction on movement outside the house and on communication with individuals outside the house, including with family members left behind;
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Movement
- Personas afectadas
- Families
- Persons on the move
- Año
- 2011
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Migrant domestic workers 2011, para. 63
- Paragraph text
- Embassies and consulates of countries of origin are encouraged to cooperate with each other to identify abusive recruitment agencies and to promote appropriate protection policies for migrant domestic workers.
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2011
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Migrant domestic workers 2011, para. 59
- Paragraph text
- States parties should eliminate discriminatory policies and practices that deny or restrict the rights of children of migrant domestic workers, notably their right to health and education (articles 28 and 30).
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Health
- Movement
- Personas afectadas
- Children
- Persons on the move
- Año
- 2011
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Migrant domestic workers 2011, para. 47
- Paragraph text
- States parties are encouraged to provide migrant domestic workers with information about relevant associations that can provide assistance in the country/city of origin and employment.
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2011
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Joint general comment No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 23 (2017) of the Committee on the Rights of the Child on State obligations regarding the human rights of c ... 2017, para. 62
- Paragraph text
- The principle of equality of treatment requires States to eliminate any discrimination against migrant children and to adopt appropriate and gender-sensitive provisions to overcome educational barriers. This means that, where necessary, targeted measures are needed, including additional language education, additional staff and other intercultural support, without discrimination of any kind. States are encouraged to dedicate staff to facilitating access to education for migrant children and to promoting the integration of migrant children into schools. In addition, States should take measures aimed at prohibiting and preventing any kind of educational segregation, to ensure that migrant children learn the new language as a means for effective integration. State efforts should include the provision of early childhood education as well as psychosocial support. States should also provide formal and non-formal learning opportunities, teacher training and life skills classes.
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Temas
- Education
- Equality & Inclusion
- Personas afectadas
- Children
- Persons on the move
- Año
- 2017
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Joint general comment No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 23 (2017) of the Committee on the Rights of the Child on State obligations regarding the human rights of c ... 2017, para. 60
- Paragraph text
- The Committees strongly urge States to expeditiously reform regulations and practices that prevent migrant children, in particular undocumented children, from registering at schools and educational institutions. States should also develop effective firewalls between educational institutions and immigration authorities and prohibit the sharing of students’ data as well as immigration enforcement operations on or near school premises, as these practices limit or deprive migrant children or children of migrant workers in an irregular situation of their right to education. To respect children’s right to education, States are also encouraged to avoid disruption during migration-related procedures, avoiding children having to move during the school year if possible, as well as supporting them to complete any compulsory and ongoing education courses when they reach the age of majority. While access to upper-level education is not compulsory, the principle of non-discrimination obliges States to provide available services to every child without discrimination on the basis of their migration status or other prohibited grounds.
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Temas
- Education
- Equality & Inclusion
- Movement
- Personas afectadas
- Children
- Persons on the move
- Año
- 2017
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Joint general comment No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 23 (2017) of the Committee on the Rights of the Child on State obligations regarding the human rights of c ... 2017, para. 56
- Paragraph text
- States are encouraged to emphasize a holistic approach to the right to health. Their national plans, policies, and strategies should address the health needs of migrant children and the vulnerable situations in which they may find themselves. Migrant children should have access to health services without being required to present a residence permit or asylum registration. Administrative and financial barriers to accessing services should be removed, including through the acceptance of alternative means of proving identity and residence, such as testimonial evidence. In addition, the Committees urge States to prohibit the sharing of patients’ data between health institutions and immigration authorities as well as immigration enforcement operations on or near public health premises, as these effectively limit or deprive migrant children or children born to migrant parents in an irregular situation of their right to health. Effective firewalls should be put in place in order to ensure their right to health.
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Health
- Movement
- Personas afectadas
- Children
- Families
- Persons on the move
- Año
- 2017
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Joint general comment No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 23 (2017) of the Committee on the Rights of the Child on State obligations regarding the human rights of c ... 2017, para. 46
- Paragraph text
- States should take all appropriate legislative and administrative measures, including a gender dimension, to regulate and protect the employment of migrant children with respect to the minimum age of employment and hazardous work. Given the specific risk to which migrant children are exposed, States shall also ensure that, in both law and practice, all necessary measures, including the provision of appropriate penalties, be taken by the competent authority to guarantee the effective enforcement of the provisions of the Convention on the Rights of the Child and relevant international standards and that migrant children: - Enjoy fair terms of employment as well as decent working conditions, in line with internationally accepted standards - Enjoy specific protective measures regulating the hours and conditions under which children can work - Are subject to periodic medical examinations attesting to their fitness for work - Have access to justice in case of violation of their rights by public or private actors, including by ensuring effective complaints mechanisms and a firewall between labour rights and immigration enforcement
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Gender
- Movement
- Personas afectadas
- Children
- Persons on the move
- Año
- 2017
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Joint general comment No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 23 (2017) of the Committee on the Rights of the Child on State obligations regarding the human rights of c ... 2017, para. 43
- Paragraph text
- For migrant children for whom there are indications of trafficking, sale or other forms of sexual exploitation or who may be at risk of such acts or of child marriage, States should adopt the following measures: - Establish early identification measures to detect victims of sale, trafficking and abuse, as well as referral mechanisms, and in this regard carry out mandatory training for social workers, border police, lawyers, medical professionals and all other staff who come into contact with children - Where different migration statuses are available, the most protective status (i.e., asylum or residence on humanitarian grounds) should be applied and granting such status should be determined on a case-by-case basis in accordance with the best interests of the child - Ensure that the granting of residence status or assistance to migrant child victims of sale, trafficking or other forms of sexual exploitation is not made conditional on the initiation of criminal proceedings or their cooperation with law enforcement authorities.
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Temas
- Movement
- Violence
- Personas afectadas
- Children
- Persons on the move
- Año
- 2017
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Joint general comment No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 23 (2017) of the Committee on the Rights of the Child on State obligations regarding the human rights of c ... 2017, para. 42
- Paragraph text
- Undocumented migrant children and parents dependent on residence or work permits, who can easily be made undocumented by their sponsor/employer, face risks of being reported to the immigration authorities by public service providers or other officials or by private individuals. This limits their enjoyment of human rights, including protection and access to justice, and makes them more vulnerable to violence and to labour and other types of exploitation and abuse, and could be the result of policies prioritizing the detection of migrants in irregular status instead of their protection from violence, abuse and exploitation, making children more vulnerable to experiencing violence or witnessing violence against a family member. Among other measures, effective firewalls between child protection services and immigration enforcement should be ensured.
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Temas
- Movement
- Violence
- Personas afectadas
- Children
- Families
- Persons on the move
- Año
- 2017
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Joint general comment No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 23 (2017) of the Committee on the Rights of the Child on State obligations regarding the human rights of c ... 2017, para. 41
- Paragraph text
- It is essential that States take all necessary measures to prevent and combat the illicit transfer and non-return of children as well as the worst forms of child labour, including all forms of slavery, commercial sexual exploitation, the use of children for illicit activities, including begging, and hazardous work, and protect them from violence and economic exploitation. The Committees recognize that children face gender-specific risks and vulnerabilities which should be identified and specifically addressed. In many contexts, girls may be even more vulnerable to trafficking, especially for purposes of sexual exploitation. Additional measures should be taken to address the particular vulnerability of girls and boys, including those who might have a disability, as well as children who are lesbian, gay, bisexual, transgender or intersex persons, to trafficking for the purposes of sexual exploitation and abuse.
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Temas
- Violence
- Personas afectadas
- Boys
- Children
- Girls
- LGBTQI+
- Año
- 2017
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Joint general comment No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 23 (2017) of the Committee on the Rights of the Child on State obligations regarding the human rights of c ... 2017, para. 35
- Paragraph text
- Family reunification in the country of origin should not be pursued where there is a “reasonable risk” that such a return would lead to the violation of the human rights of the child. When family reunification in the country of origin is not in the best interests of the child or not possible due to legal or other obstacles to return, the obligations under article 9 and 10 of the Convention of the Rights of the Child come into effect and should govern the State’s decisions on family reunification therein. Measures for parents to reunify with their children and/or regularize their status on the basis of their children’s best interests should be put in place. Countries should facilitate family reunification procedures in order to complete them in an expeditious manner, in line with the best interests of the child. It is recommended that States apply best interest determination procedures in finalizing family reunification.
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Personas afectadas
- Children
- Families
- Año
- 2017
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Joint general comment No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 23 (2017) of the Committee on the Rights of the Child on State obligations regarding the human rights of c ... 2017, para. 34
- Paragraph text
- In the case of unaccompanied or separated children, including children separated from their parents due to the enforcement of immigration laws, such as the parents’ detention, efforts to find sustainable, rights-based solutions for them should be initiated and implemented without delay, including the possibility of family reunification. If the child has family in the country of destination, the country of origin or a third country, child protection and welfare authorities in countries of transit or destination should contact family members as soon as possible. The decision as to whether a child should be reunited with his or her family in the country of origin, transit and/or destination should be based on a robust assessment in which the child’s best interests are upheld as a primary consideration and family reunification is taken into consideration, and which includes a sustainable reintegration plan where the child is guaranteed to participate in the process.
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Movement
- Personas afectadas
- Children
- Families
- Año
- 2017
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Joint general comment No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 23 (2017) of the Committee on the Rights of the Child on State obligations regarding the human rights of c ... 2017, para. 26
- Paragraph text
- States should strengthen measures to grant nationality to children born in their territory in situations where they would otherwise be stateless. When the law of a mother’s country of nationality does not recognize a woman’s right to confer nationality on her children and/or spouse, children may face the risk of statelessness. Likewise, where nationality laws do not guarantee women’s autonomous right to acquire, change or retain their nationality in marriage, girls in the situation of international migration who married under the age of 18 years may face the risk of being stateless, or be confined in abusive marriages out of fear of being stateless. States should take immediate steps to reform nationality laws that discriminate against women by granting equal rights to men and women to confer nationality on their children and spouses and regarding the acquisition, change or retention of their nationality.
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Personas afectadas
- Children
- Girls
- Women
- Año
- 2017
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Joint general comment No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 23 (2017) of the Committee on the Rights of the Child on State obligations regarding the human rights of c ... 2017, para. 15
- Paragraph text
- The Committees are of the view that States should ensure that their legislation, policies, measures and practices guarantee child-sensitive due process in all migration and asylum administrative and judicial proceedings affecting the rights of children and/or those of their parents. All children, including children accompanied by parents or other legal guardians, should be treated as individual rights holders, their child-specific needs considered equally and individually and their views appropriately heard and given due weight. They should have access to administrative and judicial remedies against decisions affecting their own situation or that of their parents, to guarantee that all decisions are taken in their best interests Measures should be taken to avoid undue delays in migration/asylum procedures that could negatively affect children’s rights, including family reunification procedures. Unless it is contrary to the child’s best interests, speedy proceedings should be encouraged, provided that this does not restrict any due process guarantees.
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Personas afectadas
- Children
- Families
- Persons on the move
- Año
- 2017
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Joint general comment No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 23 (2017) of the Committee on the Rights of the Child on State obligations regarding the human rights of c ... 2017, para. 14
- Paragraph text
- Access to justice is a fundamental right in itself and a prerequisite for the protection and promotion of all other human rights, and as such it is of paramount importance that every child in the context of international migration is empowered to claim his/her rights. The responsibility of States parties requires structural and proactive interventions to ensure fair, effective and prompt access to justice. The Committee on the Rights of the Child, in its general comment No. 5 (2003) on general measures of implementation of the Convention, held that an effective remedy requires effective, child-sensitive procedures. It further outlined that such procedures should guarantee the adoption of certain specific measures in order to ensure that administrative and judicial proceedings are adapted to the needs and development of children, and that the best interests of the child is a primary consideration in all such proceedings.
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Movement
- Personas afectadas
- Children
- Persons on the move
- Año
- 2017
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Joint general comment No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 23 (2017) of the Committee on the Rights of the Child on State obligations regarding the human rights of c ... 2017, para. 13
- Paragraph text
- In the view of the Committees, child protection and welfare actors should take primary responsibility for children in the context of international migration. When a migrant child is first detected by immigration authorities, child protection or welfare officials should immediately be informed and be in charge of screening the child for protection, shelter and other needs. Unaccompanied and separated children should be placed in the national/local alternative care system, preferably in family-type care with their own family when available, or otherwise in community care when family is not available. These decisions have to be taken within a child-sensitive due process framework, including the child’s rights to be heard, to have access to justice and to challenge before a judge any decision that could deprive him or her of liberty, and should take into account the vulnerabilities and needs of the child, including those based on their gender, disability, age, mental health, pregnancy or other conditions.
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Movement
- Personas afectadas
- Children
- Families
- Persons on the move
- Año
- 2017
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Joint general comment No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 23 (2017) of the Committee on the Rights of the Child on State obligations regarding the human rights of c ... 2017, para. 12
- Paragraph text
- Consequently, child and family immigration detention should be prohibited by law and its abolishment ensured in policy and practice. Resources dedicated to detention should be diverted to non-custodial solutions carried out by competent child protection actors engaging with the child and, where applicable, his or her family. The measures offered to the child and the family should not imply any kind of child or family deprivation of liberty and should be based on an ethic of care and protection, not enforcement. They should focus on case resolution in the best interests of the child and provide all the material, social and emotional conditions necessary to ensure the comprehensive protection of the rights of the child, allowing for children’s holistic development. Independent public bodies, as well as civil society organizations, should be able to regularly monitor these facilities or measures. Children and families should have access to effective remedies in case any kind of immigration detention is enforced.
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Personas afectadas
- Children
- Families
- Año
- 2017
- Fecha de adición
- 19 de ago. de 2019
Párrafo