CRC/GC/2005/6
page 8
and the Protocol relating to the Status of Refugees, the Convention on the Reduction of
Statelessness, the Convention relating to the Status of Stateless Persons, the Hague Convention
on Protection of Children and Cooperation in Respect of Inter-Country Adoption, the Hague
Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in
Respect of Parental Responsibility and Measures for the Protection of Children, the four
Geneva Conventions of 12 August 1949, the Protocol Additional to the Geneva Conventions
of 12 August 1949 and relating to the Protection of Victims of International Armed
Conflicts (Protocol I) of 8 June 1977, the Protocol Additional to the Geneva Conventions of
12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts
(Protocol II) of 8 June 1997. The Committee also encourages States parties to the Convention
and others concerned to take into account the Office of the United Nations High Commissioner
for Refugees (UNHCR)’s Guidelines on Protection and Care (1994) and the Inter-Agency
Guiding Principles on Unaccompanied and Separated Children.1
16.
In view of the absolute nature of obligations deriving from the Convention and their
lex specialis character, article 2, paragraph 3, of the International Covenant on Economic, Social
and Cultural Rights would not apply with regard to unaccompanied and separated children. In
application of article 4 of the Convention, the particular vulnerability of unaccompanied and
separated children, explicitly recognized in article 20 of the Convention, must be taken into
account and will result in making the assignment of available resources to such children a
priority. States are expected to accept and facilitate assistance offered within their respective
mandates by the United Nations Children’s Fund (UNICEF), UNHCR and other agencies
(article 22 (2) of the Convention) in order to meet the needs of unaccompanied and separated
children.
17.
The Committee believes that reservations made by States parties to the Convention
should not in any way limit the rights of unaccompanied and separated children. As is
systematically done with States parties during the reporting process, the Committee recommends
that, in the light of the Vienna Declaration and Programme of Action adopted at the 1993 World
Conference on Human Rights in Vienna,2 reservations limiting the rights of unaccompanied and
separated children be reviewed with the objective of withdrawal.
(b)
Non-discrimination (art. 2)
18.
The principle of non-discrimination, in all its facets, applies in respect to all dealings
with separated and unaccompanied children. In particular, it prohibits any discrimination on the
basis of the status of a child as being unaccompanied or separated, or as being a refugee,
asylum-seeker or migrant. This principle, when properly understood, does not prevent, but may
indeed call for, differentiation on the basis of different protection needs such as those deriving
from age and/or gender. Measures should also be taken to address possible misperceptions and
stigmatization of unaccompanied or separated children within the society. Policing or other
measures concerning unaccompanied or separated children relating to public order are only
permissible where such measures are based on the law; entail individual rather than collective
assessment; comply with the principle of proportionality; and represent the least intrusive option.
In order not to violate the prohibition on non-discrimination, such measures can, therefore, never
be applied on a group or collective basis.
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