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. 46
Paragraphe
Paragraph text
The Committees are concerned that some States parties choose to recognize a narrow definition of the non-refoulement principle. The Committees have already pointed out that States shall not reject a child at a border or return him or her to a country where there are substantial grounds for believing that he or she is at real risk of irreparable harm, such as, but by no means limited to, those contemplated under articles 6 (1) and 37 of the Convention on the Rights of the Child, either in the country to which removal is to be effected or in any country to which the child may subsequently be removed. Such non-refoulement obligations apply irrespective of whether serious violations of those rights guaranteed under the Convention originate from non-State actors or whether such violations are directly intended or are the indirect consequence of States parties’ action or inaction.
Status juridique
Non-negotiated soft law
Organe
Committee on Migrant Workers
Type de document
General Comment / Recommendation
Mode d'adoption
N.A.
Thèmes
Governance & Rule of Law
Movement
Personnes concernées
Children
Année
2017
Type de paragraphe
Other
Paragraph focus
Non-refoulement, prohibition of collective expulsion