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. 37
Paragraphe
Paragraph text
States parties should take all measures appropriate to fully promote and facilitate the participation of children, including providing them with the opportunity to be heard in any administrative or judicial proceeding related to their or their families’ cases, including any decision on care, shelter or migration status. Children should be heard independently of their parents, and their individual circumstances should be included in the consideration of the family’s cases. Specific best-interests assessments should be carried out in those procedures, and the child’s specific reasons for the migration should be taken into account. Regarding the significant relationship between the right to be heard and the best interests of the child, the Committee on the Rights of the Child has already stated that there can be no correct application of article 3 if the components of article 12 are not respected. Likewise, article 3 reinforces the functionality of article 12, facilitating the essential role of children in all decisions affecting their lives.
Status juridique
Non-negotiated soft law
Organe
Committee on Migrant Workers
Type de document
General Comment / Recommendation
Mode d'adoption
N.A.
Thèmes
Civil & Political Rights
Governance & Rule of Law
Movement
Personnes concernées
Children
Families
Persons on the move
Année
2017
Type de paragraphe
Other
Paragraph focus
Right to be heard, express his or her views and participation