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Migrant domestic workers 2011, para. 62d (ii)
- Paragraph text
- [While the States of employment have the primary responsibility to protect the rights of migrant domestic workers, embassies and consulates of States of origin should play an active role in protecting the rights of their nationals employed as migrant domestic workers. In particular, embassies and consulates of countries of origin that are present in countries where migrant domestic workers are employed are encouraged, in coordination with the authorities in the countries of employment, to:] [Receive, record and report information that can be useful to migrant domestic workers in the country of employment as well as to prospective migrant workers back home regarding:] The experience of migrant domestic workers, including travel and arrival, migration-related fees and debt, the effects on family, workplace conflicts, issues of rights and access to justice.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Movement
- Personnes concernées
- Families
- Persons on the move
- Année
- 2011
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Migrant domestic workers 2011, para. 62b
- Paragraph text
- [While the States of employment have the primary responsibility to protect the rights of migrant domestic workers, embassies and consulates of States of origin should play an active role in protecting the rights of their nationals employed as migrant domestic workers. In particular, embassies and consulates of countries of origin that are present in countries where migrant domestic workers are employed are encouraged, in coordination with the authorities in the countries of employment, to:] Provide counselling and facilitate appropriate shelter for migrant domestic workers, especially women and children, fleeing from abusive employment circumstances;
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Persons on the move
- Women
- Année
- 2011
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Migrant domestic workers 2011, para. 38
- Paragraph text
- Accordingly, labour protections in national law should be extended to domestic workers to ensure equal protection under the law, including provisions related to minimum wages, hours of work, days of rest, freedom of association, social security protection, including with respect to maternity, pension rights and health insurance, as well as additional provisions specific to the circumstances of domestic work. In this regard, migrant domestic workers should enjoy treatment not less favourable than that which applies to nationals of the State of employment (article 25).
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Health
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2011
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Migrant domestic workers 2011, para. 41
- Paragraph text
- States parties should include provisions for monitoring mechanisms of the working conditions of migrant domestic workers in national legislation and strengthen labour inspection services to carry out such monitoring and to receive, investigate and address complaints of alleged violations.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2011
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Migrant domestic workers 2011, para. 57
- Paragraph text
- States parties shall ensure that all migrant children, independently of their migration status, have access to free and compulsory primary education as well as to secondary education on the basis of equality of treatment with nationals of the State concerned (article 30), and that the domestic work carried out by children does not interfere with their education. Schools should not be required to report data on the regular or irregular status of pupils to immigration authorities.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Education
- Equality & Inclusion
- Movement
- Personnes concernées
- Children
- Persons on the move
- Année
- 2011
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Migrant domestic workers 2011, para. 56
- Paragraph text
- In line with the Convention on the Rights of the Child and relevant International Labour Organization (ILO) instruments, States should ensure that migrant children do not perform any type of domestic work which is likely to be hazardous or harmful to their health or physical, mental, spiritual, moral or social development. States shall refrain from adopting policies aimed at recruiting domestic migrant children.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Movement
- Personnes concernées
- Children
- Persons on the move
- Année
- 2011
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Migrant domestic workers 2011, para. 55
- Paragraph text
- Moreover, States parties should take appropriate measures with regard to migrant domestic workers in a regular situation to facilitate their reunification with their spouses and children (article 44, paragraph 2). In the event of the death of or divorce from a migrant worker with a regular status, States parties should favourably consider granting independent residence status to family members of that migrant worker (article 50).
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Families
- Persons on the move
- Année
- 2011
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Migrant domestic workers 2011, para. 29f
- Paragraph text
- [For workers who have made the decision to migrate for domestic work, States parties are encouraged to develop more specific pre-departure training and awareness-raising programmes. Such training may be developed in consultation with relevant non-governmental organizations, migrant domestic workers and their families, and recognized and reliable recruitment agencies, and could cover:] Other information needed on logistics, safety, health, human rights issues and points of assistance during the entire migratory process.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Personnes concernées
- Families
- Persons on the move
- Année
- 2011
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Migrant domestic workers 2011, para. 34
- Paragraph text
- Agencies engaged in the movement of migrant domestic workers, whether in countries of origin, transit or employment, must be subject to authorization, approval and supervision by public authorities. This may take the form of formal, regular, transparent and State-regulated: (a) Licensing, possibly involving processes of accreditation and periodic renewal; (b) Monitoring, inspection and evaluation; (c) Sanctions and penalties; (d) Systems of recording and reporting, including web-based formats that are widely and easily accessible to the public, with particular attention to instances of complaints and conflicts involving workers.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2011
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Migrant domestic workers 2011, para. 29c
- Paragraph text
- [For workers who have made the decision to migrate for domestic work, States parties are encouraged to develop more specific pre-departure training and awareness-raising programmes. Such training may be developed in consultation with relevant non-governmental organizations, migrant domestic workers and their families, and recognized and reliable recruitment agencies, and could cover:] Awareness-raising training, including issues of migration, working conditions, social security, debt, finance and work-related fees and basic knowledge on methods of conflict resolution, and avenues for redress;
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Economic Rights
- Humanitarian
- Movement
- Personnes concernées
- Families
- Persons on the move
- Année
- 2011
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Migrant domestic workers 2011, para. 31
- Paragraph text
- States of origin, States of transit and States of employment share the responsibility for regulating and monitoring recruitment and placement processes.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2011
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Migrant domestic workers 2011, para. 45
- Paragraph text
- The right to organize and to engage in collective bargaining is essential for migrant domestic workers to express their needs and defend their rights, in particular through trade unions (articles 26 and 40) and labour organizations.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2011
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Migrant domestic workers 2011, para. 30b
- Paragraph text
- [Where appropriate, States parties could also support pre-departure training offering:] Training for specific types of work, including key job skills where appropriate; and
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2011
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Migrant domestic workers 2011, para. 29d
- Paragraph text
- [For workers who have made the decision to migrate for domestic work, States parties are encouraged to develop more specific pre-departure training and awareness-raising programmes. Such training may be developed in consultation with relevant non-governmental organizations, migrant domestic workers and their families, and recognized and reliable recruitment agencies, and could cover:] Financial literacy, including information on remittances and saving schemes;
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Economic Rights
- Equality & Inclusion
- Movement
- Personnes concernées
- Families
- Persons on the move
- Année
- 2011
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Migrant domestic workers 2011, para. 49
- Paragraph text
- States of employment should ensure that all migrant domestic workers have access to mechanisms for bringing complaints about violations of their rights (articles 18, paragraph 1, and 83). States parties should ensure that such complaints are investigated in an appropriate manner and within a reasonable period of time and that cases of violations are appropriately sanctioned. To facilitate access to redress mechanisms, States parties could for example designate a domestic workers' Ombudsperson. States parties should also ensure that migrant domestic workers can obtain legal redress and remedies for violations of their rights by employers who enjoy diplomatic immunity under the Vienna Convention on Diplomatic Relations.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2011
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Migrant domestic workers 2011, para. 62a
- Paragraph text
- [While the States of employment have the primary responsibility to protect the rights of migrant domestic workers, embassies and consulates of States of origin should play an active role in protecting the rights of their nationals employed as migrant domestic workers. In particular, embassies and consulates of countries of origin that are present in countries where migrant domestic workers are employed are encouraged, in coordination with the authorities in the countries of employment, to:] Ensure adequately trained staff and mechanisms (including telephone hotlines) to receive and address complaints made by migrant domestic workers, including through the provision of legal aid;
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2011
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Migrant domestic workers 2011, para. 62c
- Paragraph text
- [While the States of employment have the primary responsibility to protect the rights of migrant domestic workers, embassies and consulates of States of origin should play an active role in protecting the rights of their nationals employed as migrant domestic workers. In particular, embassies and consulates of countries of origin that are present in countries where migrant domestic workers are employed are encouraged, in coordination with the authorities in the countries of employment, to:] Expedite the processing of temporary travel documents and return tickets to avoid migrant domestic workers in distress being trapped in shelters for lengthy periods of time;
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2011
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Migrant domestic workers 2011, para. 28c
- Paragraph text
- [For nationals considering whether to migrate for domestic work, States parties should take appropriate measures to disseminate information on their rights under the Convention as well as the conditions of their admission and employment and their rights and obligations under the law and practice of other States (article 33). Such awareness-raising could include:] Essential information and perspectives on: (i) Migration-related fees and debt; (ii) Family aspects and effects on family life, such as separation, right to family visits or return, pregnancy during employment, etc.; and (iii) Other risks of domestic work outside the country of origin.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Movement
- Personnes concernées
- Families
- Persons on the move
- Année
- 2011
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Migrant domestic workers 2011, para. 29b
- Paragraph text
- [For workers who have made the decision to migrate for domestic work, States parties are encouraged to develop more specific pre-departure training and awareness-raising programmes. Such training may be developed in consultation with relevant non-governmental organizations, migrant domestic workers and their families, and recognized and reliable recruitment agencies, and could cover:] Know your obligations orientation to essential aspects of the law and culture of the country of employment;
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Personnes concernées
- Families
- Persons on the move
- Année
- 2011
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Migrant domestic workers 2011, para. 30c
- Paragraph text
- [Where appropriate, States parties could also support pre-departure training offering:] Cross-cultural destination-specific orientation.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2011
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Migrant domestic workers 2011, para. 42
- Paragraph text
- States parties should ensure that migrant domestic workers are granted access to social security benefits on the basis of equal treatment with nationals (article 27).
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Economic Rights
- Equality & Inclusion
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2011
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Migrant domestic workers 2011, para. 40
- Paragraph text
- States parties are encouraged to ensure that migrant domestic workers have explicit, written terms of employment, in a language they can understand, outlining their specific duties, hours, remuneration, days of rest, and other conditions of work, in contracts that are free, fair and fully consented to. In particular, States parties may wish to consider developing model or standard provisions for these purposes.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2011
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Migrant domestic workers 2011, para. 54
- Paragraph text
- States parties shall take appropriate measures to protect the unity of the families of migrant domestic workers in a regular situation (article 44, paragraph 1). In particular, migrant domestic workers should have reasonable opportunities for family contact and family-related mobility, including opportunities to communicate with family left behind, travel to participate in essential family matters such as funerals, and, especially in the case of long-term migrants, to visit spouses and children in other countries. States parties should ensure that children separated from one or both parents are allowed to maintain direct contact with both parents on a regular basis.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Movement
- Personnes concernées
- Children
- Families
- Persons on the move
- Année
- 2011
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Migrant domestic workers 2011, para. 44
- Paragraph text
- States should ensure that migrant domestic workers in a documented or regular situation enjoy equal treatment with nationals in relation to social and health services (article 43(1)(e)). Moreover, the Committee recalls the obligations assumed by States under other core international human rights treaties, notably the International Covenant on Economic, Social and Cultural Rights, to take appropriate measures towards ensuring to all persons within their jurisdiction, irrespective of their immigration status, the highest attainable standard of physical and mental health and medical care, services and attention in the event of sickness.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Health
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2011
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Migrant domestic workers 2011, para. 61
- Paragraph text
- States parties should repeal sex-specific bans and discriminatory restrictions on women's migration on the basis of age, marital status, pregnancy or maternity status (articles 1 and 7), including restrictions that require women to get permission from their spouse or male guardian to obtain a passport or to travel (article 8) or bans on women migrant domestic workers marrying nationals or permanent residents (article 14), or securing independent housing. States parties should also repeal discriminatory laws, regulations and practices related to HIV, including those which result in the loss of work visas based on HIV status, and ensure that medical testing of migrant domestic workers, including tests for pregnancy or HIV, is only done voluntarily and subject to informed consent.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Health
- Movement
- Personnes concernées
- Persons on the move
- Women
- Année
- 2011
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Migrant domestic workers 2011, para. 39
- Paragraph text
- States should protect the right of migrant domestic workers to freedom of movement and residence, including by ensuring that migrant domestic workers are not required to live with their employers or stay in the house during their time off (article 39). States should also ensure that migrant domestic workers retain possession of travel and identity documents (article 21). In addition, States should take all necessary measures to promote a shift in public perceptions so that domestic work becomes widely recognized as work and domestic workers as workers with fundamental rights, including labour rights.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2011
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Migrant domestic workers 2011, para. 29a
- Paragraph text
- [For workers who have made the decision to migrate for domestic work, States parties are encouraged to develop more specific pre-departure training and awareness-raising programmes. Such training may be developed in consultation with relevant non-governmental organizations, migrant domestic workers and their families, and recognized and reliable recruitment agencies, and could cover:] A comprehensive "know your rights" curriculum, covering both international and national frameworks, using the Convention as a reference;
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Movement
- Personnes concernées
- Families
- Persons on the move
- Année
- 2011
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Migrant domestic workers 2011, para. 30a
- Paragraph text
- [Where appropriate, States parties could also support pre-departure training offering:] Basic language preparation;
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Education
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2011
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Migrant domestic workers 2011, para. 43
- Paragraph text
- States should ensure effective access of all migrant domestic workers to any medical care urgently required to avoid irreparable harm to their health (article 28). Particular attention should be given to women migrant domestic workers with irregular status, who are especially vulnerable during pregnancy, as they are often afraid to contact public health services out of fear of deportation. States should not require public health institutions providing care to report data on the regular or irregular status of a patient to immigration authorities.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Health
- Movement
- Personnes concernées
- Persons on the move
- Women
- Année
- 2011
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Migrant domestic workers 2011, para. 60
- Paragraph text
- As noted by the Committee on the Elimination of All Forms of Discrimination against Women, the position of female migrants is different from that of male migrants with regard to, inter alia, the migration channels used, the sectors of the labour market where they are employed, the forms of abuse they suffer and the consequences and impact thereof. Recognizing that most domestic workers are women and girls and taking into consideration traditional roles, the gendered labour market, the universal prevalence of gender-based violence and the worldwide feminization of poverty and labour migration, States should incorporate a gender perspective in efforts to understand their specific problems and develop remedies to the gender-based discrimination that they face throughout the migration process.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Gender
- Movement
- Personnes concernées
- Girls
- Persons on the move
- Women
- Année
- 2011
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Migrant domestic workers 2011, para. 62d (i)
- Paragraph text
- [While the States of employment have the primary responsibility to protect the rights of migrant domestic workers, embassies and consulates of States of origin should play an active role in protecting the rights of their nationals employed as migrant domestic workers. In particular, embassies and consulates of countries of origin that are present in countries where migrant domestic workers are employed are encouraged, in coordination with the authorities in the countries of employment, to:] [Receive, record and report information that can be useful to migrant domestic workers in the country of employment as well as to prospective migrant workers back home regarding:] Actual country and employment conditions;
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2011
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Migrant domestic workers 2011, para. 35
- Paragraph text
- States parties should establish specific criteria relating to migrant domestic workers' rights and ensure that only those agencies observing these criteria and codes can continue to operate. Such criteria could usefully be established in consultations with migrant workers' organizations themselves, non-governmental organizations working with migrant workers and with workers' and employers' organizations.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2011
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Migrant domestic workers 2011, para. 50
- Paragraph text
- In order to ensure effective access to justice and remedies for all migrant domestic workers, the Committee considers that migrant domestic workers should be able to access courts and other justice mechanisms without fear of being deported as a consequence, and that migrant domestic workers should have access to temporary shelter when needed due to the abusive circumstances of their employment. States parties are encouraged to consider time-bound or expedited legal proceedings to address complaints by migrant domestic workers. Moreover, States parties are encouraged to enter into bilateral agreements in order to ensure that migrants who return to their country of origin may have access to justice in the country of employment, including to complain about abuse and to claim unpaid wages and benefits.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2011
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Migrant domestic workers 2011, para. 29e
- Paragraph text
- [For workers who have made the decision to migrate for domestic work, States parties are encouraged to develop more specific pre-departure training and awareness-raising programmes. Such training may be developed in consultation with relevant non-governmental organizations, migrant domestic workers and their families, and recognized and reliable recruitment agencies, and could cover:] Contact information for emergency assistance, including embassies and consulates and relevant civil society organizations in countries of employment; and
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Humanitarian
- Movement
- Personnes concernées
- Families
- Persons on the move
- Année
- 2011
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Migrant domestic workers 2011, para. 32b
- Paragraph text
- [In line with articles 64 and 65, States of origin and employment are encouraged to cooperate on:] The use of standard, unified and binding employment contracts, with fair, full and clear conditions and labour standards that are enforceable - and enforced - by systems of law in countries both of origin and employment. Such standard contracts, as well as services where migrant domestic workers can receive counselling and guidance or submit complaints, could also usefully be included in bilateral and multilateral agreements between countries of origin and employment;
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2011
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Migrant domestic workers 2011, para. 28a
- Paragraph text
- [For nationals considering whether to migrate for domestic work, States parties should take appropriate measures to disseminate information on their rights under the Convention as well as the conditions of their admission and employment and their rights and obligations under the law and practice of other States (article 33). Such awareness-raising could include:] Information on different types and arrangements of domestic work;
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2011
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Migrant domestic workers 2011, para. 28b
- Paragraph text
- [For nationals considering whether to migrate for domestic work, States parties should take appropriate measures to disseminate information on their rights under the Convention as well as the conditions of their admission and employment and their rights and obligations under the law and practice of other States (article 33). Such awareness-raising could include:] Basic knowledge of applicable national and transnational legal frameworks;
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2011
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Migrant domestic workers 2011, para. 46
- Paragraph text
- The laws of States parties, particularly countries of employment of migrant domestic workers, should recognize the right of the latter to form and join organizations, regardless of migration status (article 26) and self-organization should be encouraged.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2011
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Migrant domestic workers 2011, para. 51
- Paragraph text
- With a view to preventing irregular migration as well as smuggling and human trafficking, States parties should ensure that migrant domestic workers have access to regular channels for migration based on actual demand (article 68).
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2011
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Migrant domestic workers 2011, para. 52
- Paragraph text
- States parties should take appropriate measures to address the extreme vulnerability of undocumented migrant domestic workers, especially women and children. In particular, States parties should consider policies, including regularization programmes, to avoid or resolve situations in which migrant domestic workers are undocumented or are at risk of falling into irregular status (article 69).
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Persons on the move
- Women
- Année
- 2011
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Migrant domestic workers 2011, para. 36
- Paragraph text
- Additionally, States parties are encouraged to adopt codes of conduct on the recruitment of migrant domestic workers, including specific rules governing fees and salary deductions, and to provide for appropriate penalties and sanctions to enforce them. States parties should ban recruitment fees charged to domestic workers, including through salary deductions.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2011
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Migrant domestic workers 2011, para. 32c
- Paragraph text
- [In line with articles 64 and 65, States of origin and employment are encouraged to cooperate on:] Regular and public reporting of migrant domestic worker flows, employment, rights issues, training and other programmes, and issues of justice administration.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2011
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
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).
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Health
- Movement
- Personnes concernées
- Children
- Persons on the move
- Année
- 2011
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Migrant domestic workers 2011, para. 58
- Paragraph text
- Children of migrant domestic workers shall be registered soon after birth, independently of the migration status of their parents, and be provided with birth certificates and other identity documents States should take all appropriate measures to ensure that children are not deprived of a nationality. (article 29)
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Families
- Persons on the move
- Année
- 2011
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Migrant domestic workers 2011, para. 48
- Paragraph text
- States parties should take effective measures to ensure that migrant domestic workers are free to practise the religion or belief of their choice, as well as their freedom of expression, individually or in community with others, in public and in private, in accordance with articles 12 and 13 of the Convention and other international human rights standards (articles 12 and 13).
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2011
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Migrant domestic workers 2011, para. 66
- Paragraph text
- States parties should include in their reports information about efforts to monitor the situation of migrant domestic workers, including through the provision of statistical data, and to protect their rights under the Convention, keeping in mind the recommendations contained in the present general comment.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2011
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Migrant domestic workers 2011, para. 37
- Paragraph text
- The rights of migrant domestic workers should be dealt with within the larger framework of decent work for domestic workers. In this regard, the Committee considers that domestic work should be properly regulated by national legislation to ensure that domestic workers enjoy the same level of protection as other workers.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2011
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Migrant domestic workers 2011, para. 32a
- Paragraph text
- [In line with articles 64 and 65, States of origin and employment are encouraged to cooperate on:] Protection-sensitive and transparent frameworks and agreements, including bilateral, multilateral and regional agreements between States;
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2011
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Migrant domestic workers 2011, para. 64
- Paragraph text
- In the case of detention of a migrant domestic worker or a member of his or her family, the person shall be contacted by the embassies or consulates concerned with a view to arranging visits by the relevant consular officials in consultation with the State of employment. (articles 16, paragraph 7, and 23).
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Families
- Persons on the move
- Année
- 2011
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
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.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2011
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Migrant domestic workers 2011, para. 65
- Paragraph text
- The Committee emphasizes the importance of genuine consultations with migrant domestic workers and civil society organizations in the development and implementation of legislative and other measures related to migrant domestic workers and the protection of their rights.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2011
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Migrant domestic workers 2011, para. 53
- Paragraph text
- States parties should avoid making the immigration status of migrant domestic workers conditional on the sponsorship or guardianship of a specific employer, since any such arrangement may unduly restrict the liberty of movement of migrant domestic workers (article 39) and increases their vulnerability to exploitation and abuse, including in conditions of forced labour or servitude (article 11).
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Economic Rights
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2011
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Migrant domestic workers 2011, para. 33
- Paragraph text
- In accordance with article 66, States parties have an obligation to effectively regulate and monitor labour brokers, recruitment agencies and other intermediaries to ensure that they respect the rights of domestic workers.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2011
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
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.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2011
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 53
- Paragraph text
- The right of a person to submit the reason he or she should not be expelled and to have his or her case reviewed by the competent authority (art. 22, para. 4), includes the right to seek a stay of the decision of expulsion pending review of the said decision. While a stay of decision does not regularize the status of the person concerned for the time of the proceedings, it prevents the State party from expelling him or her before a final decision is rendered. In accordance with article 83 of the Convention, States parties are obliged to provide an effective remedy, including the right to review by a competent authority for migrant workers and their family members, whose rights and freedoms as recognized in the Convention have been violated. The Committee notes that migrant workers and members of their families must be given adequate time and facilities to pursue such a remedy against expulsion so as to ensure the effectiveness of their right to review. Such facilities should include the right to legal assistance and the assistance of an interpreter, if necessary, and be free of charge, if the circumstances of the case so require. The competent authority reviewing the decision of expulsion should ideally be a court. The right to appeal expulsion under article 22, paragraph 4, of the Convention may only be restricted for "compelling reasons of national security".
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Families
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Other
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 30b
- Paragraph text
- [Article 16, paragraph 7, provides for the right of migrant workers who are deprived of their liberty to communicate with the consular or diplomatic authorities of their State of origin or those of a State representing the interests thereof. It also requires State parties to:] Facilitate any communication between the person concerned and the said authorities;
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Families
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Other
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 47
- Paragraph text
- With regard to article 17, paragraph 8, the Committee considers that detention "for the purpose of verifying any infraction of provisions related to migration" covers the entire duration of administrative detention, and that, consequently, migrant workers and members of their families subjected to administrative detention shall not bear any costs arising therefrom.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Families
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Other
Paragraphe
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. 29
- Paragraph text
- The Committees are of the view that the rupture of the family unit by the expulsion of one or both parents based on a breach of immigration laws related to entry or stay is disproportionate, as the sacrifice inherent in the restriction of family life and the impact on the life and development of the child is not outweighed by the advantages obtained by forcing the parent to leave the territory because of an immigration-related offence. Migrant children and their families should also be protected in cases where expulsions would constitute arbitrary interference with the right to family and private life. The Committees recommend that States provide avenues for status regularization for migrants in an irregular situation residing with their children, particularly when a child has been born or has lived in the country of destination for an extended period of time, or when return to the parent’s country of origin would be against the child’s best interests. Where the expulsion of parents is based on criminal offences, their children’s rights, including the right to have their best interests be a primary consideration and their right to be heard and have their views taken seriously, should be ensured, also taking into account the principle of proportionality and other human rights principles and standards.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Families
- Persons on the move
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 55a
- Paragraph text
- [States that have not yet done so are encouraged to ratify or accede to:] The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, including by making the binding declarations under articles 76 and 77;
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Movement
- Personnes concernées
- Families
- Persons on the move
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 11
- Paragraph text
- Regional human rights treaties protect all migrants against refoulement and collective expulsion. However, the procedural safeguards in individual expulsion proceedings in regional human rights treaties apply only to migrants who are lawfully within the territory of a State party. The rights protected in the European Social Charter apply to "foreigners only insofar as they are nationals of other Contracting Parties lawfully resident or working regularly within the territory of the Contracting Party concerned", or to migrant workers and their families "lawfully within their territories". The opinions of the European Committee of Social Rights, however, have held that the European Social Charter also applies to vulnerable categories of undocumented migrant children. Moreover, the right to education is guaranteed to all migrant children, regardless of their migration status, in all regional human rights systems.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Education
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Families
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Other
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 73
- Paragraph text
- The Committee considers that access to urgent medical care must be ensured to all migrant workers on the basis of equality of treatment with nationals and thus on a non-discriminatory basis. Although medical care need not necessarily be free of charge, equality of treatment requires that the same rules for payment of fees or exemption from payment apply to migrant workers and members of their families as to nationals. States parties should prohibit the charging of excessive fees from migrant workers in an irregular situation or requiring immediate payment or proof of payment before the service is delivered. Urgent medical care should never be withheld due to the inability to pay. States parties should also ensure that migrant workers and members of their families are provided with information on the medical care provided and information about their health rights. States parties should also ensure that doctors and health professionals are provided with culturally sensitive training regarding health care for migrant workers and members of their families.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Health
- Movement
- Personnes concernées
- Families
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Other
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 74
- Paragraph text
- Article 28 prohibits the refusal of such medical care to migrant workers because of an irregularity with regard to their stay and employment. States parties should not use health care as an instrument of immigration control, which would effectively prevent migrant workers in an irregular situation from contacting public health care providers out of fear of deportation. Toward this end, States parties shall not require public health institutions to report or otherwise share data on the migration status of a patient to immigration authorities, and health care providers should also not be required to do so. Moreover, States parties shall not conduct immigration enforcement operations on or near facilities providing medical care, as this would limit migrant workers and members of their families from accessing such care.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Health
- Movement
- Personnes concernées
- Families
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Other
Paragraphe
Migrant domestic workers 2011, para. 10
- Paragraph text
- While transiting through foreign countries, women and girls are particularly at risk of being subjected to physical and sexual abuse by agents and intermediaries.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Violence
- Personnes concernées
- Girls
- Persons on the move
- Women
- Année
- 2011
- Type de paragraphe
- Other
Paragraphe
Migrant domestic workers 2011, para. 13f
- Paragraph text
- [In the workplace, many are subjected to abusive working conditions, including:] Lack of social security protection, including sickness and family benefits and building pension rights;
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Social & Cultural Rights
- Personnes concernées
- Persons on the move
- Année
- 2011
- Type de paragraphe
- Other
Paragraphe
Migrant domestic workers 2011, para. 11
- Paragraph text
- Upon arrival the migrants are often left stranded with high levels of debt from their migration and without legal papers and employment, rendering them vulnerable to abuse and exploitation. Even where contracts had been signed pre-departure, many migrant domestic workers are compelled to sign new contracts upon arrival, nearly always for less pay and often for different work conditions of employment and abode than had been agreed upon or promised and often in a language they do not understand, without legal counselling, and under duress.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Economic Rights
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2011
- Type de paragraphe
- Other
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 21c
- Paragraph text
- [Migrant workers in an irregular situation, particularly women, are at increased risk of ill-treatment and other forms of violence at the hands of both private actors, including employers, and State officials which includes sexual violence, beatings, threats, psychological abuse, and denial of access to medical care, for example. Under article 16, paragraph 2, States parties have an obligation to protect all migrant workers and members of their families against violence, physical injury, threats and intimidation, whether by public officials or by private individuals, groups or institutions. This obligation requires States parties to:] Prosecute and punish those responsible with appropriate punishments;
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Movement
- Violence
- Personnes concernées
- Families
- Persons on the move
- Women
- Année
- 2013
- Type de paragraphe
- Other
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 24
- Paragraph text
- The Committee considers that crossing the border of a country in an unauthorized manner or without proper documentation, or overstaying a permit of stay does not constitute a crime. Criminalizing irregular entry into a country exceeds the legitimate interest of States parties to control and regulate irregular migration, and leads to unnecessary detention. While irregular entry and stay may constitute administrative offences, they are not crimes per se against persons, property or national security.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Families
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Other
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 32
- Paragraph text
- Article 16, paragraph 8, provides for the right of all migrant workers and members of their families who are deprived of their liberty by arrest or detention to take proceedings before a court, in order that the court may decide without delay on the lawfulness of their detention. If the court finds that the detention is unlawful, it must order the release of the detained migrant worker. The Committee considers that mandatory detention of migrant workers and members of their families in an irregular situation is incompatible with article 16, paragraph 8, if the possibility of judicial review is confined to a formal assessment of whether the migrant worker concerned entered the State party without a valid entry permit, without the possibility of release if the detention is incompatible with article 16, paragraph 4.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Families
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Other
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 26
- Paragraph text
- In the Committee's view, any custodial or non-custodial measure restricting the right to liberty must be exceptional and always based on a detailed and individualized assessment. Such assessment should consider the necessity and appropriateness of any restriction of liberty, including whether it is proportional to the objective to be achieved. The principle of proportionality requires States parties to detain migrant workers only as a last resort, and to give preference to less coercive measures, especially non-custodial measures, whenever such measures suffice to achieve the objective pursued. In all such cases, the least intrusive and restrictive measure possible in each individual case should be applied.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Families
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Other
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 34
- Paragraph text
- Article 16, paragraph 8, of the Convention provides for the right of migrant workers attending such proceedings to an interpreter, if necessary, without cost to them, if they cannot understand or speak the language used. In the Committee's view, States parties should take effective measures to ensure that all migrant workers held in migration detention centres, including those who opt for voluntary repatriation, are properly informed of their rights in a language they understand, especially with regard to their rights to consular assistance, to challenge the lawfulness of their detention and/or to release, to request asylum and to receive information about protection measures available to victims or witnesses of trafficking in persons.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Families
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Other
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 20
- Paragraph text
- Article 7 prohibits both direct and indirect discrimination against migrant workers. In line with the jurisprudence of other international human rights mechanisms, indirect discrimination against migrant workers occurs when a law, policy or practice appears neutral at face value, but has a disproportionate impact on their rights. For example, requiring birth certificates for school enrolment may disproportionately affect migrant workers in an irregular situation, who often do not possess, or have been denied, such certificates.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Movement
- Personnes concernées
- Families
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Other
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 21e
- Paragraph text
- [Migrant workers in an irregular situation, particularly women, are at increased risk of ill-treatment and other forms of violence at the hands of both private actors, including employers, and State officials which includes sexual violence, beatings, threats, psychological abuse, and denial of access to medical care, for example. Under article 16, paragraph 2, States parties have an obligation to protect all migrant workers and members of their families against violence, physical injury, threats and intimidation, whether by public officials or by private individuals, groups or institutions. This obligation requires States parties to:] Provide human rights training for public officials; and
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Movement
- Violence
- Personnes concernées
- Families
- Persons on the move
- Women
- Année
- 2013
- Type de paragraphe
- Other
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 29
- Paragraph text
- Under article 16, paragraph 6, the guarantees of certain rights of migrant workers and members of their families in custody and pretrial detention are applicable to anyone suspected of committing or having committed a crime.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Families
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Other
Paragraphe
Migrant domestic workers 2011, para. 8
- Paragraph text
- The vulnerability of migrant domestic workers does not begin and end in the workplace. Migrant domestic workers face risk throughout the migration cycle with a number of factors exposing them to violations of their human rights including those protected under the Convention.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2011
- Type de paragraphe
- Other
Paragraphe
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. 50
- Paragraph text
- States parties should develop detailed guidelines on standards of reception facilities, assuring adequate space and privacy for children and their families. States should take measures to ensure an adequate standard of living in temporary locations, such as reception facilities and formal and informal camps, ensuring that these are accessible to children and their parents, including persons with disabilities, pregnant women and breastfeeding mothers. States should ensure that residential facilities do not restrict children’s day-to-day movements unnecessarily, including de facto restriction of movement.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Health
- Personnes concernées
- Children
- Persons with disabilities
- Women
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 21
- Paragraph text
- The Committees urge States parties to take all necessary measures to ensure that all children are immediately registered at birth and issued birth certificates, irrespective of their migration status or that of their parents. Legal and practical obstacles to birth registration should be removed, including by prohibiting data sharing between health providers or civil servants responsible for registration with immigration enforcement authorities; and not requiring parents to produce documentation regarding their migration status. Measures should also be taken to facilitate late registration of birth and to avoid financial penalties for late registration. Children who have not been registered should be ensured equal access to health care, protection, education and other social services.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Movement
- Personnes concernées
- Children
- Families
- Infants
- Persons on the move
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 32
- Paragraph text
- Under article 10 of the Convention on the Rights of the Child, States parties are to ensure that applications for family reunification are dealt with in a positive, humane and expeditious manner, including facilitating the reunification of children with their parents. When the child’s relations with his or her parents and/or sibling(s) are interrupted by migration (in both the cases of the parents without the child, or of the child without his or her parents and/or sibling(s)), preservation of the family unit should be taken into account when assessing the best interests of the child in decisions on family reunification.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Families
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 20
- Paragraph text
- The lack of birth registration may have many negative impacts on the enjoyment of children’s rights, such as child marriage, trafficking, forced recruitment and child labour. Birth registrations may also help to achieve convictions against those who have abused a child. Unregistered children are at particular risk of becoming stateless when born to parents who are in an irregular migration situation, due to barriers to acquiring nationality in the country of origin of the parents as well as to accessing birth registration and nationality at the place of their birth.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Movement
- Violence
- Personnes concernées
- Children
- Families
- Infants
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 31
- Paragraph text
- The Committees are also of the opinion that based on article 18 of the Convention on the Rights of the Child, a comprehensive approach to the child’s right to a family environment in the context of migration should contemplate measures directed at enabling parents to fulfil their duties with regard to child development. Considering that irregular migration status of children and/or their parents may obstruct such goals, States should make available regular and non-discriminatory migration channels, as well as provide permanent and accessible mechanisms for children and their families to access long-term regular migration status or residency permits based on grounds such as family unity, labour relations, social integration and others.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Families
- Persons on the move
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 28
- Paragraph text
- The right to family unity for migrants may intersect with States’ legitimate interests in making decisions on the entry or stay of non-nationals in their territory. However, children in the context of international migration and families should not be subjected to arbitrary or unlawful interference with their privacy and family life. Separating a family by deporting or removing a family member from a State party’s territory, or otherwise refusing to allow a family member to enter or remain in the territory, may amount to arbitrary or unlawful interference with family life.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Families
- Persons on the move
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 66
- Paragraph text
- States parties should disseminate widely the present joint general comment to all stakeholders, in particular parliaments, governmental authorities, including child protection and migration authorities and personnel, and the judiciary, at all national, regional and local levels. It should be made known to all children and all relevant professionals and stakeholders, including those working for and with children (i.e., judges, lawyers, police and other law enforcement entities, teachers, guardians, social workers, staff of public or private welfare institutions and shelters, and health-care providers), the media and civil society at large.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Persons on the move
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 13
- Paragraph text
- The Convention strikes a balance between the sovereign power of States parties to control their borders and to regulate the entry and stay of migrants workers and members of their families, on the one hand, and the protection of the rights, under Part III of the Convention, of all migrant workers and members of their families, including those in an irregular situation, on the other. This balance is reflected in article 79 of the Convention.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Families
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Other
Paragraphe
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. 52
- Paragraph text
- States should develop procedures and standards to establish firewalls between public or private service providers, including public or private housing providers, and immigration enforcement authorities. Similarly, States should ensure that irregular migrant children are not criminalized for exercising their right to housing and that private actors, such as landlords and civil society organizations, who facilitate their exercise of this right are also not criminalized.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Persons on the move
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 43
- Paragraph text
- The Committees underline the interrelation between articles 2, 6 and 27 (1) of the Convention on the Rights of the Child; States parties should ensure that children in the context of international migration, regardless of their status or that of their parents, have a standard of living adequate for their physical, mental, spiritual and moral development.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Families
- Persons on the move
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 68
- Paragraph text
- States parties should include in their reports under article 73 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and article 44 of the Convention on the Rights of the Child information about the measures guided by the present joint general comments that they have implemented and their outcomes.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Families
- Persons on the move
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 55c
- Paragraph text
- [States that have not yet done so are encouraged to ratify or accede to:] The Optional Protocol to the Convention on the Rights of the Child on the sale of children child prostitution and child pornography;
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- Children
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 5b
- Paragraph text
- [The present joint general comment builds on the increasing attention that both Committees have given to the rights of children in the context of international migration through a number of initiatives, including:] A day of general discussion held in Geneva in September 2012 by the Committee on the Rights of the Child, on the rights of all children in the context of international migration, for which the Committee drafted a background paper and adopted a report, with conclusions and recommendations;
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Persons on the move
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 32h
- Paragraph text
- [The Committees stress that States parties should:] Conduct a best-interests determination in cases that could lead to the expulsion of migrant families due to their migration status, in order to evaluate the impact of deportation on children’s rights and development, including their mental health;
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Health
- Movement
- Personnes concernées
- Children
- Families
- Persons on the move
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 5c
- Paragraph text
- [The present joint general comment builds on the increasing attention that both Committees have given to the rights of children in the context of international migration through a number of initiatives, including:] The endorsement in 2016 by the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families of the recommended principles to guide actions concerning children on the move and other children affected by migration. In addition, both Committees are members of the Inter-Agency Working Group to End Child Immigration Detention;
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Families
- Persons on the move
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 18
- Paragraph text
- The Committees recognize the negative impacts on children’s well-being of having an insecure and precarious migration status. The Committees therefore recommend that States ensure that there are clear and accessible status determination procedures for children to regularize their status on various grounds (such as length of residence).
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Persons on the move
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 39
- Paragraph text
- Children in the context of international migration, in particular those who are undocumented, stateless, unaccompanied or separated from their families, are particularly vulnerable, throughout the migratory process, to different forms of violence, including neglect, abuse, kidnapping, abduction and extortion, trafficking, sexual exploitation, economic exploitation, child labour, begging or involvement in criminal and illegal activities, in countries of origin, transit, destination and return. Such children are at risk of experiencing violence by State or non-State actors or witnessing violence against their parents or others, particularly when travelling or residing in an irregular manner. The Committees draw the attention of States to article 6 of the Hague Convention of 19 October 1996 on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in Respect of Parental Responsibility and Measures for the Protection of Children under which the judicial or administrative authorities of the Contracting State have jurisdiction to take measures directed to the protection of the child’s person or property with regard to refugee children and children who, due to disturbances occurring in their country, are internationally displaced and are present on the territory as a result of their displacement.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Movement
- Violence
- Personnes concernées
- Children
- Families
- Persons on the move
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 54
- Paragraph text
- The Committees acknowledge that a child’s physical and mental health can be affected by a variety of factors, including structural determinants such as poverty, unemployment, migration and population displacements, violence, discrimination and marginalization. The Committees are aware that migrant and refugee children may experience severe emotional distress and may have particular and often urgent mental health needs. Children should therefore have access to specific care and psychological support, recognizing that children experience stress differently from adults.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Health
- Movement
- Poverty
- Personnes concernées
- Children
- Persons on the move
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 6
- Paragraph text
- Part III of the Convention protects the rights of all migrant workers and members of their families, including those in an irregular situation. Most of the rights protected in Part III are common to a host of international human rights treaties, including the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. Among the civil and political rights protected in Part III, the right of migrant workers to liberty and security of person (art. 16) and the right of migrant workers deprived of their liberty to be treated with humanity (art. 17) have been contextualized, taking into account the situation of this group of rights-holders. Specific rights of migrant workers that are either not explicitly protected in other human rights treaties include their protection against unauthorized confiscation or destruction of personal documents (art. 21), procedural safeguards in individual expulsion proceedings (art. 22) and the right to have recourse to consular or diplomatic protection and assistance (art. 23). Among the economic, social and cultural rights of all migrant workers, the right to respect for their cultural identity (art. 31) and the right to transfer their earnings and savings upon termination of their stay in the State of employment (art. 32) are Convention-specific. In addition, Part III provides for information rights (art. 33) and affirms the obligation of all migrant workers and members of their families to comply with the laws of the State of employment or transit (art. 34).
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Personnes concernées
- Families
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Other
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 77
- Paragraph text
- To ensure access to education, the Committee is also of the view that States parties shall not require schools to report or share data on the regular or irregular status of pupils or their parents to immigration authorities or conduct immigration enforcement operations on or near school premises, as this would limit access to education by children of migrant workers. States parties should also clearly inform school administrators, teachers and parents that they are not required to do so either and provide them with training on the educational rights of children of migrant workers.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Education
- Equality & Inclusion
- Movement
- Personnes concernées
- Children
- Families
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Other
Paragraphe
Migrant domestic workers 2011, para. 13d
- Paragraph text
- [In the workplace, many are subjected to abusive working conditions, including:] Restrictions on their ability to travel even for essential family matters, such as serious illness or bereavement in the family;
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Movement
- Personnes concernées
- Families
- Persons on the move
- Année
- 2011
- Type de paragraphe
- Other
Paragraphe
Migrant domestic workers 2011, para. 18
- Paragraph text
- A wide body of international treaties articulate human rights, including labour rights, basic to all human beings, including all workers. In line with other human rights treaties, the protection against abusive and exploitative labour conditions afforded under the Convention extends to all migrant workers, irrespective of their migration status. In this regard, the Committee notes with concern that, at national level, major categories of law often ignore, or explicitly exclude domestic work and workers in ways that contribute to exploitative labour practices and limit avenues for legal redress in cases of violations.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2011
- Type de paragraphe
- Other
Paragraphe
Migrant domestic workers 2011, para. 17
- Paragraph text
- Many migrants are unable to seek remedies for violations of their rights by employers because they are not entitled to stay in the country of employment once the employment relation has been terminated. As a result migrant domestic workers may for example return to the country of origin with less pay than they are due and with no possibility of seeking compensation and remedies. Those who return to their countries of origin in order to escape an abusive work relationship often have no access to support mechanisms and no possibility of seeking legal remedies.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2011
- Type de paragraphe
- Other
Paragraphe
Migrant domestic workers 2011, para. 13h
- Paragraph text
- [In the workplace, many are subjected to abusive working conditions, including:] Inadequate, unsanitary and degrading living accommodations.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Personnes concernées
- Persons on the move
- Année
- 2011
- Type de paragraphe
- Other
Paragraphe
Migrant domestic workers 2011, para. 13g
- Paragraph text
- [In the workplace, many are subjected to abusive working conditions, including:] Psychological, physical and sexual abuse and harassment from their employers as well as from recruitment agents or intermediaries; and
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Movement
- Violence
- Personnes concernées
- Persons on the move
- Année
- 2011
- Type de paragraphe
- Other
Paragraphe
Migrant domestic workers 2011, para. 21
- Paragraph text
- Immigration law. Laws regulating the conditions of entry and stay in countries of employment are often a source of specific vulnerabilities for migrant domestic workers. Overly restrictive immigration laws may lead to higher numbers of migrant domestic workers who are non-documented or in an irregular situation, and thus particularly vulnerable to human rights violations. Even for workers with a documented or regular migration status, similar vulnerabilities arise where immigration laws tie their status to the continued sponsorship of specific employers. Consequently, migrant domestic workers may risk deportation if they try to escape an abusive employment relationship or seek legal remedies against their employers.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2011
- Type de paragraphe
- Other
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 18
- Paragraph text
- The principle of non-discrimination is central to all international human rights instruments and to the Charter of the United Nations. Article 7 of the Convention explicitly includes nationality among the prohibited grounds of discrimination. Treaty bodies have also interpreted the prohibition of discrimination to include non-nationals, such as migrant workers, regardless of legal status and documentation. The rights in Part III of the Convention also apply to all migrant workers and members of their families, including those in an irregular situation. Therefore, any differential treatment based on nationality or migration status amounts to discrimination unless the reasons for such differentiation are prescribed by law, pursue a legitimate aim under the Convention, are necessary in the specific circumstances, and proportionate to the legitimate aim pursued.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Personnes concernées
- Families
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Other
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 21d
- Paragraph text
- [Migrant workers in an irregular situation, particularly women, are at increased risk of ill-treatment and other forms of violence at the hands of both private actors, including employers, and State officials which includes sexual violence, beatings, threats, psychological abuse, and denial of access to medical care, for example. Under article 16, paragraph 2, States parties have an obligation to protect all migrant workers and members of their families against violence, physical injury, threats and intimidation, whether by public officials or by private individuals, groups or institutions. This obligation requires States parties to:] Provide adequate reparation to victims and members of their families;
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Movement
- Violence
- Personnes concernées
- Families
- Persons on the move
- Women
- Année
- 2013
- Type de paragraphe
- Other
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 23
- Paragraph text
- Article 16 protects the right of migrant workers and members of their families to liberty and security of person (para. 1), and provides that identity controls of migrant workers must comply with the procedure established by law (para. 3). Article 16, paragraph 4, complements article 9, paragraph 1, of the International Covenant on Civil and Political Rights, adding that migrant workers and members of their families shall not be subjected "individually or collectively" to arbitrary arrest or detention. In order not to be arbitrary, arrest and detention of migrant workers and members of their families, including those in an irregular situation, must be prescribed by law, pursue a legitimate aim under the Convention, be necessary in the specific circumstances and proportionate to the legitimate aim pursued.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Families
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Other
Paragraphe
Migrant domestic workers 2011, para. 27c
- Paragraph text
- [A number of factors make it difficult for migrant domestic workers to claim their rights and seek redress in case of violations, including the fact that:] Migrant domestic workers who depend on their employers for their immigration status may not report abuse for fear of arrest, detention or deportation. In some countries, if the victim brings a formal complaint against the employer, he or she can neither seek alternative employment while the case is in court, nor leave the country for the duration of the case. These restrictions, and the long periods it may take for cases to be resolved, often lead to domestic workers choosing not to report complaints or withdrawing their cases in order to return home more quickly.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2011
- Type de paragraphe
- Other
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 39
- Paragraph text
- The Committee considers that administrative detention of migrant workers should, as a rule, take place in public establishments. Privately run migrant detention centres pose particular difficulties in terms of monitoring. States parties cannot absolve themselves of their human rights obligations by contracting out the detention of persons to private commercial enterprises. If States parties delegate such functions to private companies, they must ensure respect for the rights of detained migrant workers, as provided for under article 17 of the Convention. States parties must ensure that detention centre personnel are trained in human rights, cultural sensitivity, and age and gender considerations.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Other
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 46
- Paragraph text
- Detention can be particularly damaging to vulnerable categories of migrant workers, impacting negatively on their physical and mental health. These migrant workers and members of their families may include victims of torture, unaccompanied older persons, persons with disabilities and persons living with HIV/AIDS. Special measures should be taken to protect vulnerable people deprived of their liberty, including access to adequate health services, medication and counselling. Moreover, migrant workers with disabilities and members of their families with disabilities should be provided with "reasonable accommodation" to ensure their right to enjoy their human rights and fundamental freedoms on an equal basis with others.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Health
- Movement
- Personnes concernées
- Families
- Older persons
- Persons on the move
- Persons with disabilities
- Année
- 2013
- Type de paragraphe
- Other
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 51
- Paragraph text
- Article 22, paragraph 1, of the Convention explicitly prohibits collective expulsion and requires that each case of expulsion be examined and decided individually. States parties have an obligation to ensure that their expulsion procedures provide sufficient guarantees to ensure that the personal circumstances of each migrant worker are genuinely and individually taken into account. This obligation extends to all spaces over which a State party exercises effective control, which may include vessels on the high seas.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Families
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Other
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 59
- Paragraph text
- Article 23 of the Convention provides for migrant workers and members of their families subject to an expulsion decision to be informed without delay of their right, and to have recourse to the protection and assistance of the consular or diplomatic authorities of their State of origin. It also requires the authorities of the expelling State to facilitate the exercise of this right. Accordingly, the expelling State shall inform the person concerned without delay of this right, that is, at the time of or shortly after notifying the person of the expulsion decision and preferably in a language he or she understands. It shall facilitate any communication between the person concerned and the consular or diplomatic authorities of the State of origin.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Families
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Other
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 68
- Paragraph text
- Article 27, paragraph 1, provides that migrant workers' right to social security is subject to the applicable bilateral and multilateral treaties and that the competent authorities of the State of origin and the State of employment can at any time establish the necessary arrangements to determine the modalities of the application of this benefit. As recommended in the ILO Multilateral Framework on Labour Migration, States parties should consider entering into bilateral, regional or multilateral agreements to provide social security coverage and benefits, as well as portability of social security entitlements, to migrant workers, including, as appropriate, to those in an irregular situation. However, article 27, paragraph 1, cannot be interpreted as depriving migrant workers of benefits to which they would otherwise be entitled under the applicable legislation of the State of employment, merely because that State has not signed a reciprocity agreement with their State of origin.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Other
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 62
- Paragraph text
- Article 25, paragraph 1, provides for migrant workers, irrespective of their status, to enjoy equal treatment to that of nationals in respect of remuneration, other conditions of work and terms of employment. While States parties may refuse migrant workers who do not have work permits access to their labour markets, once an employment relationship has been initiated and until it is terminated, all migrant workers, including those in an irregular situation, are entitled to equal conditions of work and terms of employment. The conditions of work and terms of employment listed in article 25, paragraph 1(a) and (b), are non-exhaustive examples. The equal treatment principle also covers any other matter that, according to national law and practice, is considered a working condition or term of employment, such as maternity protection.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Other
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 71
- Paragraph text
- The Committee considers that in cases of extreme poverty and vulnerability, States parties should provide emergency social assistance to migrant workers in an irregular situation and members of their families, including emergency services for persons with disabilities, for as long as they might require it. It recalls that even if many migrant workers in an irregular situation do not participate in contributory schemes, they contribute to financing social protection schemes and programmes by paying indirect taxes.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Economic Rights
- Equality & Inclusion
- Humanitarian
- Movement
- Poverty
- Personnes concernées
- Families
- Persons on the move
- Persons with disabilities
- Année
- 2013
- Type de paragraphe
- Other
Paragraphe
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. 4
- Paragraph text
- By virtue of their complementary mandates and shared commitment to strengthening protection of all children in the context of international migration, both Committees decided to develop these joint general comments. While the present comment is based on the provisions of both Conventions, it is important to underline that the human rights norms clarified herein are built on the provisions and principles of the Convention on the Rights of the Child. Therefore, the authoritative guidance contained in the present joint general comment is equally applicable to all States parties to the Convention on the Rights of the Child and/or the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Families
- Persons on the move
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 18
- Paragraph text
- The Committees are of the opinion that, in order to fulfil the rights of all children in the context of international migration, the following elements should be part of the policies and practices to be developed and implemented: (a) comprehensive, inter-institutional policies between child protection and welfare authorities and other key bodies, including on social protection, health, education, justice, migration and gender, and between regional, national and local governments; (b) adequate resources, including budgetary, aimed at ensuring effective implementation of policies and programmes; and (c) continuous and periodic training of child protection, migration and related officials on the rights of children, migrants and refugees and on statelessness, including intersectional discrimination.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Persons on the move
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 29
- Paragraph text
- States parties shall ensure that the best interests of the child are taken fully into consideration in immigration law, planning, implementation and assessment of migration policies and decision-making on individual cases, including in granting or refusing applications on entry to or residence in a country, decisions regarding migration enforcement and restrictions on access to social rights by children and/or their parents or legal guardians, and decisions regarding family unity and child custody, where the best interests of the child shall be a primary consideration and thus have high priority.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Families
- Persons on the move
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 45
- Paragraph text
- States parties should respect non-refoulement obligations deriving from international human rights, humanitarian, refugee and customary international law. The Committees highlight that the principle of non-refoulement has been interpreted by international human rights bodies, regional human rights courts and national courts to be an implicit guarantee flowing from the obligations to respect, protect and fulfil human rights. It prohibits States from removing individuals, regardless of migration, nationality, asylum or other status, from their jurisdiction when they would be at risk of irreparable harm upon return, including persecution, torture, gross violations of human rights or other irreparable harm.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 9
- Paragraph text
- The Committees emphasize the harm inherent in any deprivation of liberty and the negative impact that immigration detention can have on children’s physical and mental health and on their development, even when they are detained for a short period of time or with their families. The Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment has stated that “within the context of administrative immigration enforcement … the deprivation of liberty of children based on their or their parents’ migration status is never in the best interests of the child, exceeds the requirement of necessity, becomes grossly disproportionate and may constitute cruel, inhuman or degrading treatment of migrant children”.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Health
- Movement
- Personnes concernées
- Children
- Families
- Persons on the move
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 67
- Paragraph text
- The present joint general comment should be translated into relevant languages, and child-friendly/appropriate versions and formats accessible to persons with disabilities should be made available. Conferences, seminars, workshops and other events should be held to share good practices on how best to implement it. It should also be incorporated into the formal pre- and in-service training of all concerned professionals and to technical staff in particular, as well as to child protection, migration and law enforcement authorities and personnel, and should be made available to all national and local human rights institutions and other human rights civil society organizations.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Persons with disabilities
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 7
- Paragraph text
- In addition, both the Committee on the Rights of the Child and the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families have emphasized that children should not be criminalized or subject to punitive measures, such as detention, because of their or their parents’ migration status. Irregular entry and stay do not constitute crimes per se against persons, property or national security. Criminalizing irregular entry and stay exceeds the legitimate interest of States parties to control and regulate migration, and leads to arbitrary detention.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Families
- Persons on the move
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 30c
- Paragraph text
- [Article 16, paragraph 7, provides for the right of migrant workers who are deprived of their liberty to communicate with the consular or diplomatic authorities of their State of origin or those of a State representing the interests thereof. It also requires State parties to:] Inform the person concerned without delay of this right as well as of rights under other applicable treaties; and
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Families
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Other
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 30a
- Paragraph text
- [Article 16, paragraph 7, provides for the right of migrant workers who are deprived of their liberty to communicate with the consular or diplomatic authorities of their State of origin or those of a State representing the interests thereof. It also requires State parties to:] Inform the said authorities without delay of the arrest or detention of the migrant worker concerned, if he or she so requests;
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Families
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Other
Paragraphe
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. 33
- Paragraph text
- In the case of undocumented children in the context of international migration, States shall develop and implement guidelines, taking particular care that time limits, discretionary powers, and/or lack of transparency in administration procedures should not hinder the child’s right to family reunification.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Families
- Persons on the move
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 41
- Paragraph text
- The Committees acknowledge that the lack of regular and safe channels for children and families to migrate contribute to children taking life-threatening and extremely dangerous migration journeys. The same is true for border control and surveillance measures that focus on repression rather than facilitating, regulating and governing mobility, including detention and deportation practices, lack of timely family reunification opportunities and lack of avenues for regularization.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Families
- Persons on the move
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 39
- Paragraph text
- States parties should adopt measures directed at facilitating the participation of all children in the context of international migration in the design, implementation, monitoring and evaluation of policies that could directly or indirectly affect them, as individuals or a group, including in the fields of social policies and social services. Initiatives should be taken to prepare girls and transgender children to participate actively, effectively and equally with boys at all levels of social, economic, political and cultural leadership. In countries of origin, the participation of children is paramount in developing policies on and in processes aimed at addressing drivers of the migration of children and/or their parents and developing policies in that regard. In addition, States should adopt measures aimed at empowering children affected by international migration to participate on different levels, through consultations, collaborations and child-led initiatives, and at ensuring that civil society organizations, including children associations and child-led organizations, can participate effectively in policy dialogues and processes on children in the context of international migration, at the local, national, regional and international levels. Any limitations on children’s freedom of association, including through legally establishing associations, should be removed.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Personnes concernées
- Boys
- Children
- Girls
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 8
- Paragraph text
- The Committee on the Rights of the Child, in relation to unaccompanied and separated children, stated in 2005 that children should not be deprived of their liberty and that detention cannot be justified solely on the basis of the child being unaccompanied or separated, or on their migratory or residence status or lack thereof.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 17e
- Paragraph text
- [More specifically, and in particular in the context of best interest assessments and within best interest determination procedures, children should be guaranteed the right to:] Have effective access to communication with consular officials and consular assistance, and to receive child-sensitive rights-based consular protection;
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 30
- Paragraph text
- In particular, the best interests of the child should be ensured explicitly through individual procedures as an integral part of any administrative or judicial decision concerning the entry, residence or return of a child, placement or care of a child, or the detention or expulsion of a parent associated with his or her own migration status.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Families
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 32j
- Paragraph text
- [The Committees stress that States parties should:] Provide guidance to all relevant authorities on the operationalization of the principle of the best interests of the child for migrant children, including children in transit, and develop mechanisms aimed at monitoring its proper implementation in practice;
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Persons on the move
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 24
- Paragraph text
- States parties should conduct a robust gender analysis of the specific impacts of migration policies and programmes on children of all genders. States parties should review and amend any gender-discriminatory restrictions on migration in law or practice that limit opportunities for girls or that do not recognize their capacity and autonomy to make their own decisions.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Gender
- Movement
- Personnes concernées
- Children
- Girls
- Persons on the move
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 32i
- Paragraph text
- [The Committees stress that States parties should:] Ensure that children are identified promptly in border controls and other migration-control procedures within the State’s jurisdiction, and that anyone claiming to be a child is treated as such, promptly referred to child protection authorities and other relevant services, and appointed a guardian, if unaccompanied or separated;
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 3
- Paragraph text
- The term "migrant workers in an irregular situation" is defined in article 5 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (the Convention), which specifies that migrant workers or members of their families are considered as non-documented or in an irregular situation if they are not authorized to enter, to stay or to engage in a remunerated activity in the State of employment pursuant to the law of that State and to international agreements to which it is a party.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Families
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Other
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 9
- Paragraph text
- For example, the International Covenant on Civil and Political Rights provides for a wider scope of protection regarding the right of peaceful assembly, the right to freely enter marriage and to equality of rights and responsibilities of spouses, the right of every child to special protection, the right to equality before the law and equal protection of the law, and minority rights. In addition, other rights enshrined in the Covenant apply to all migrant workers, whether in a regular or an irregular situation, such as the right to form associations and trade unions and the right to protection of the family, whereas the Convention makes a distinction between migrant workers in a regular situation and those in an irregular situation. Both the Covenant and the Convention protect the right to freedom of movement and to free choice of residence of migrants insofar as they are lawfully within the territory of a State party.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Families
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Other
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 10
- Paragraph text
- Similarly, the International Covenant on Economic, Social and Cultural Rights also provides for a broader range of rights, including the right to strike, the right to freely enter marriage, the right to maternity protection, the right to special protection of children and adolescents, the right to an adequate standard of living including adequate food and clothing, and certain cultural rights. The Convention does not provide for such rights only in relation to migrant workers in a regular situation. In addition, the Covenant recognizes the rights to work, to vocational guidance and training, to form trade unions, to protection of the family, to housing, and to participate in cultural life. The Convention recognizes these rights in relation to migrant workers in a regular situation and members of their families. In addition, most of the economic, social and cultural rights in Part III of the Convention have a narrower scope than their counterparts in the Covenant.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Personnes concernées
- Adolescents
- Children
- Families
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Other
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 7
- Paragraph text
- The Committee notes that the Convention provides only for a minimum standard of protection. Article 81, paragraph 1, states that nothing shall prevent States parties from granting more favourable rights or freedoms than those set out in the Convention to migrant workers and members of their families, including those in an irregular situation, by virtue of the law and practice of, or any bilateral or multilateral treaty in force for, the State party concerned. The Committee is of the view that a State's obligation under the Convention must be read with respect to the core human rights treaties and other relevant international instruments to which it is a party. Although separate and freestanding, these treaties are complementary and mutually reinforcing.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Movement
- Personnes concernées
- Families
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Other
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 76
- Paragraph text
- The Committee notes that migrant children may suffer from multiple forms of discrimination due to race, ethnicity, gender, and disability, for example. The principle of equality of treatment requires States parties to eliminate any discrimination against migrant children in their educational systems. States parties must therefore avoid segregated schooling and the application of different standards of treatment to children of migrant workers as well as eliminate any forms of discrimination against children of migrant workers in classrooms. States parties also need to ensure that effective programmes, policies and mechanisms are in place to prevent discrimination against these children.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Movement
- Personnes concernées
- Children
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Other
Paragraphe
Migrant domestic workers 2011, para. 2
- Paragraph text
- Noting the omission of express references to either domestic work or domestic workers in a broad range of national and international frameworks of law, the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families (hereinafter referred to as the Committee), at its eleventh session in October 2009, resolved to issue a general comment in order to provide States with guidance on how to implement their obligations under the International Convention on the Protection of the Rights of All Migrant Workers and the Members of Their Families (hereinafter referred to as the Convention) with respect to migrant domestic workers. The Committee organized a Day of General Discussion on this subject on 14 October 2009, which generated strong participation by States, international organizations, non-governmental organizations (NGOs) and trade organizations, civil society and migrants, including a number of written perspectives and studies. This general comment draws upon those contributions as well as the Committee's experience in reviewing with States parties their reports on the implementation of the Convention.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Families
- Persons on the move
- Année
- 2011
- Type de paragraphe
- Other
Paragraphe
Migrant domestic workers 2011, para. 9
- Paragraph text
- In many countries, recruitment agencies, labour brokers, and other intermediaries charge exorbitant fees to migrant domestic workers and do not provide accurate information, meaningful preparation for migrants before travel, or written contracts. In particular, migrants are often not provided with information on their rights and on avenues for reporting abuse. Some prospective migrant domestic workers are deceived by illegal recruitment agents and lured into paying for fraudulent visas or other documentation and non-existent jobs.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Economic Rights
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2011
- Type de paragraphe
- Other
Paragraphe
Migrant domestic workers 2011, para. 3
- Paragraph text
- As defined by the Convention, the term "migrant worker" refers to any person who "is to be engaged, is engaged or has been engaged in a remunerated activity in a State of which he or she is not a national". Accordingly, the Convention expressly provides protection to migrant workers and their family members not only when the migrants are actually working, but "during the entire migration process of migrant workers and members of their families, which comprises preparation for migration, departure, transit and the entire period of stay and remunerated activity in the State of employment as well as return to the State of origin or the State of habitual residence".
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Families
- Persons on the move
- Année
- 2011
- Type de paragraphe
- Other
Paragraphe
Migrant domestic workers 2011, para. 13c
- Paragraph text
- [In the workplace, many are subjected to abusive working conditions, including:] Insufficient rest and leisure time. Many migrant domestic workers have no agreed leave day at all; others only have one day off per month and frequently any agreed "day off" is cancelled or changed arbitrarily by the employer; when the employer is on holiday, or the worker is ill, a practice of "no work - no pay" is applied. Others experience reprimands or threats of losing their jobs even where there are legitimate reasons for absence such as illness or personal/family emergencies;
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2011
- Type de paragraphe
- Other
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 21a
- Paragraph text
- [Migrant workers in an irregular situation, particularly women, are at increased risk of ill-treatment and other forms of violence at the hands of both private actors, including employers, and State officials which includes sexual violence, beatings, threats, psychological abuse, and denial of access to medical care, for example. Under article 16, paragraph 2, States parties have an obligation to protect all migrant workers and members of their families against violence, physical injury, threats and intimidation, whether by public officials or by private individuals, groups or institutions. This obligation requires States parties to:] Adopt and implement legislation prohibiting such acts;
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Movement
- Violence
- Personnes concernées
- Families
- Persons on the move
- Women
- Année
- 2013
- Type de paragraphe
- Other
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 66
- Paragraph text
- With regard to article 26, paragraph 2, the Committee notes that similar limitations can be found in article 8, paragraph 1(a), of the International Covenant on Economic, Social and Cultural Rights and in article 22, paragraph 2, of the International Covenant on Civil and Political Rights. It refers to the jurisprudence of the relevant treaty bodies for the purposes of interpreting what constitute permissible restrictions under article 26, paragraph 2, of the Convention.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Families
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Other
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 41
- Paragraph text
- Article 17, paragraph 5, guarantees detained and imprisoned migrant workers and members of their families the same rights as nationals with regard to visits by their family members. If the law of a State party grants certain visitation rights, such as direct contact with visiting family members, to nationals who are deprived of their liberty, it must ensure equal rights for detained or imprisoned migrant workers, including those in an irregular situation. States parties shall eliminate de facto discrimination against detained migrant workers by removing practical barriers to their equal enjoyment of visitation rights, such as detention in a remote location, making access difficult for family members.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Families
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Other
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 48
- Paragraph text
- Considering that migrant workers deprived of their liberty are in a particularly vulnerable situation due to their predicament and the uncertainty of the circumstances, the Committee is convinced of the importance of independent monitoring in preventing torture and other forms of ill-treatment and abuse. National human rights institutions, relevant civil society actors, the Office of the United Nations High Commissioner for Refugees (UNHCR), the International Committee of the Red Cross and the Office of the High Commissioner for Human Rights should have broad access to all places of detention where migrants are or may be detained.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Other
Paragraphe
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. 20
- Paragraph text
- The Committees reaffirm the application of articles 41 of the Convention on the Rights of the Child and 81 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, and reiterate that the provisions in domestic and international legislation that are the most conducive to the realization of the rights of all children in the context of international migration shall apply in cases where standards differ. Furthermore, a dynamic interpretation of the Conventions based on a child-centred approach is necessary to ensure their effective implementation and the respect, protection and fulfilment of the rights of all children in the context of the increasing number of challenges that migration poses for children.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Families
- Persons on the move
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 32d
- Paragraph text
- [The Committees stress that States parties should:] Ensure that all best-interests assessments and determinations developed and conducted give appropriate weight to fulfilling the rights of the child — in the short and long terms — in the decision-making processes affecting children; and ensure due process safeguards are established, including the right to free, qualified and independent legal representation. The best-interests assessment should be carried out by actors independent of the migration authorities in a multidisciplinary way, including a meaningful participation of authorities responsible for child protection and welfare and other relevant actors, such as parents, guardians and legal representatives, as well as the child;
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Families
- Persons on the move
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 52
- Paragraph text
- States parties should disseminate widely the present joint general comment to all stakeholders, in particular parliaments, governmental authorities, including child protection and migration authorities and personnel, and the judiciary, at all national, regional and local levels. It should be made known to all children and all relevant professionals and stakeholders, including those working for and with children (i.e., judges, lawyers, police and other law enforcement entities, teachers, guardians, social workers, staff of public or private welfare institutions and shelters, and health-care providers), the media and civil society at large.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Persons on the move
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 6
- Paragraph text
- Immigration detention is understood by the Committees as any setting in which a child is deprived of his/her liberty for reasons related to his/her, or his/her parents’, migration status, regardless of the name and reason given to the action of depriving a child of his or her liberty, or the name of the facility or location where the child is deprived of liberty. “Reasons related to migration status” is understood by the Committees to be a person’s migratory or residence status, or the lack thereof, whether relating to irregular entry or stay or not, consistent with the Committees’ previous guidance.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Families
- Persons on the move
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 5
- Paragraph text
- Every child, at all times, has a fundamental right to liberty and freedom from immigration detention. The Committee on the Rights of the Child has asserted that the detention of any child because of their or their parents’ migration status constitutes a child rights violation and contravenes the principle of the best interests of the child. In this light, both Committees have repeatedly affirmed that children should never be detained for reasons related to their or their parents’ migration status and States should expeditiously and completely cease or eradicate the immigration detention of children. Any kind of child immigration detention should be forbidden by law and such prohibition should be fully implemented in practice.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Families
- Persons on the move
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 16
- Paragraph text
- Children should be able to bring complaints before courts, administrative tribunals or other bodies at lower levels that are easily accessible to them, e.g., in child protection and youth institutions, schools and national human rights institutions, and should be able to receive advice and representation in a child-friendly manner by professionals with specialized knowledge of children and migration issues when their rights have been violated. States should ensure standardized policies to guide authorities in offering free, quality legal advice and representation for migrant, asylum-seeking and refugee children, including equal access for unaccompanied and separated children in local authority care and undocumented children.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Persons on the move
- Youth
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 45
- Paragraph text
- With due respect to international labour standards related to the minimum age for admission to employment and the prohibition and elimination of the worst forms of child labour, not all work carried out by migrant children who are above legal working age is exploitative or undertaken in hazardous conditions. The Committees remind States that migrant children above working age, irrespective of their status, should enjoy equal treatment to that of national children in respect of remuneration, other conditions of work and terms of employment.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Violence
- Personnes concernées
- Children
- Persons on the move
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 53
- Paragraph text
- The Convention on the Rights of the Child stipulates that States parties shall respect and ensure the rights set forth in the Convention to each child within its jurisdiction without discrimination of any kind; this includes discrimination against children on the basis of their or their parents’ migration status. The Committees therefore urge States parties to provide equitable access to economic, social and cultural rights. States are encouraged to expeditiously reform legislation, policies and practices that discriminate against migrant children and their families, including those in an irregular situation, or prevent them from effectively accessing services and benefits, for example social assistance.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Families
- Persons on the move
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 40
- Paragraph text
- The Committees are also aware that restrictive migration or asylum policies, including criminalization of irregular migration, the absence of sufficient safe, orderly, accessible and affordable regular migration channels or lack of adequate child protection systems, render migrant and asylum-seeking children, including unaccompanied or separated children, particularly vulnerable to suffering violence and abuse during their migration journey and in the countries of destination.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Movement
- Personnes concernées
- Children
- Persons on the move
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 15
- Paragraph text
- Article 35 of the Convention clarifies that the fact that Part III protects the rights of all migrant workers and members of their families, irrespective of their migration status, cannot be interpreted as implying the regularization of the situation of migrant workers or members of their families in an irregular situation or any right to such regularization. While States parties have no obligation to regularize the situation of migrant workers or members of their families, they shall take appropriate measures, whenever migrant workers or members of their families within their territory are in an irregular situation, to ensure that such a situation does not persist (art. 69, para. 1). States parties shall therefore consider the possibility of regularizing the situation of such persons in each individual case, in accordance with applicable national legislation and bilateral or multilateral agreements, taking into account the circumstances of their entry, the duration of their stay and other relevant considerations, in particular those relating to their family situation (art. 69, para. 2). When States parties provide for the regularization of migrant workers in their national legislation, they must ensure that all migrant workers and members of their families in an irregular situation have non-discriminatory and effective access to such regularization procedures and that those procedures are not applied in an arbitrary manner (arts. 7 and 69).
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Families
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Other
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 25
- Paragraph text
- Although article 16, paragraph 4, does not define the permissible grounds for detention, it states that migrant workers and members of their families shall not be deprived of their liberty, except on such grounds and in accordance with such procedures as are established by law. Furthermore detention must be prescribed by law, pursue a legitimate aim under the Convention, be necessary in the specific circumstances, and proportionate to the legitimate aim pursued.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Families
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Other
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 37
- Paragraph text
- Article 17, paragraph 2, of the Convention provides that accused migrant workers and members of their families shall be separated from convicted persons and shall be subjected to a regime appropriate to their status as persons who have not been convicted of a crime. In addition, accused juveniles shall be separated from adults and brought as speedily as possible for adjudication.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Families
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Other
Paragraphe
Migrant domestic workers 2011, para. 4
- Paragraph text
- Depending on their administrative status under national immigration laws, some migrants are considered as documented or in a regular situation, while others are considered as non-documented or in an irregular situation. Just as the Convention delineates rights that apply to all migrant workers regardless of their status, and then distinguishes further rights of migrants who are documented or in a regular situation, this general comment shall refer to all migrant domestic workers, unless expressly indicated.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2011
- Type de paragraphe
- Other
Paragraphe
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. 55e
- Paragraph text
- [States that have not yet done so are encouraged to ratify or accede to:] The Optional Protocol to the Convention on the Rights of the Child on a communications procedure.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Food & Nutrition
- Governance & Rule of Law
- Personnes concernées
- Children
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 15
- Paragraph text
- States parties should develop policies aimed at fulfilling the rights of all children in the context of international migration, in particular regarding migration management objectives or other administrative or political considerations.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Persons on the move
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 32c
- Paragraph text
- [The Committees stress that States parties should:] Ensure that the principle of the best interests of the child is appropriately integrated, consistently interpreted and applied through robust, individualized procedures in all legislative, administrative and judicial proceedings and decisions, and in all migration policies and programmes that are relevant to and have an impact on children, including consular protection policies and services. Adequate resources should be put in place in order to ensure this principle is applied in practice;
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Persons on the move
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 38
- Paragraph text
- States parties should take all appropriate measures aimed at ensuring children’s right to be heard in the immigration procedures concerning their parents, in particular where the decision could affect the children’s rights, such as the right to not be separated from their parents, except when such separation is in their best interests (see art. 9 of the Convention on the Rights of the Child).
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Families
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 17a
- Paragraph text
- [More specifically, and in particular in the context of best interest assessments and within best interest determination procedures, children should be guaranteed the right to:] Access to the territory, regardless of the documentation they have or lack, and to be referred to authorities in charge of evaluating their needs in terms of protection of their rights, ensuring their procedural safeguards;
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- Children
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 17f
- Paragraph text
- [More specifically, and in particular in the context of best interest assessments and within best interest determination procedures, children should be guaranteed the right to:] Be assisted by an attorney trained and/or experienced in representing children at all stages of the proceedings and communicate freely with the representative, and have access to free legal aid;
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- Children
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 49
- Paragraph text
- The Committees recognize the importance of coordinating efforts among countries of origin, transit, destination and return, and their roles and responsibilities in addressing the needs of children in the context of international migration and in safeguarding their rights, with the best interests of the child being a primary consideration.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Persons on the move
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 64
- Paragraph text
- The Committees reaffirm the need to address international migration through international, regional or bilateral cooperation and dialogue and through a comprehensive and balanced approach, recognizing the roles and responsibilities of countries of origin, transit, destination and return in promoting and protecting the human rights of children in the context of international migration, so as to ensure safe, orderly and regular migration, with full respect for human rights and avoiding approaches that might aggravate their vulnerability. In particular, cross-border case management procedures should be established in an expeditious manner in conformity with the Convention on the Rights of the Child, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, the 1951 Convention relating to the Status of Refugees and the 1967 Protocol thereto and the 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in Respect of Parental Responsibility and Measures for the Protection of Children. In addition, cooperation could include initiatives aimed at strengthening financial and technical assistance as well as resettlement programmes to countries which host a large number of displaced persons, including children, from other countries and are in need of assistance. All practices should be fully in line with international human rights and refugee law obligations.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Families
- Persons on the move
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 12
- Paragraph text
- International labour standards adopted by the International Labour Conference of the International Labour Organization (ILO) apply to migrant workers, including those in an irregular situation, unless otherwise stated. The fundamental principles and rights at work set out in the eight fundamental ILO Conventions apply to all migrant workers, irrespective of their nationality and migration status. The 1998 ILO Declaration on fundamental principles and rights at work and its follow-up requires all ILO member States to promote and realize the principles concerning the fundamental rights enshrined in these Conventions. A number of other ILO standards of general application and those containing specific provisions on migrant workers in the areas of employment, labour inspection, social security, protection of wages, occupational safety and health, as well as in such sectors as agriculture, construction, hotels and restaurants, and domestic work, are of particular importance to migrant workers in an irregular situation. Lastly, in formulating national laws and policies concerning labour migration and the protection of migrant workers in an irregular situation, States are also guided by ILO Convention No. 97 (1949) concerning Migration for Employment (Revised), Convention No. 143 (1975) concerning Migrations in Abusive Conditions and the Promotion of Equality of Opportunity and Treatment of Migrant Workers (Supplementary Provisions), and the accompanying Recommendations Nos. 86 and 151.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Other
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 14
- Paragraph text
- Article 34 of the Convention states that nothing in Part III of the Convention shall have the effect of relieving migrant workers and members of their families from either the obligation to comply with the laws and regulations of any State of transit and the State of employment or the obligation to respect the cultural identity of the inhabitants of those States. The obligation to comply with the laws and regulations of the State of employment or any State of transit comprises a duty to refrain from any hostile act directed against national security, public order (ordre public) or the rights and freedom of others.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Movement
- Personnes concernées
- Families
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Other
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 21b
- Paragraph text
- [Migrant workers in an irregular situation, particularly women, are at increased risk of ill-treatment and other forms of violence at the hands of both private actors, including employers, and State officials which includes sexual violence, beatings, threats, psychological abuse, and denial of access to medical care, for example. Under article 16, paragraph 2, States parties have an obligation to protect all migrant workers and members of their families against violence, physical injury, threats and intimidation, whether by public officials or by private individuals, groups or institutions. This obligation requires States parties to:] Effectively investigate cases of abuse and violence;
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Movement
- Violence
- Personnes concernées
- Families
- Persons on the move
- Women
- Année
- 2013
- Type de paragraphe
- Other
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 21f
- Paragraph text
- [Migrant workers in an irregular situation, particularly women, are at increased risk of ill-treatment and other forms of violence at the hands of both private actors, including employers, and State officials which includes sexual violence, beatings, threats, psychological abuse, and denial of access to medical care, for example. Under article 16, paragraph 2, States parties have an obligation to protect all migrant workers and members of their families against violence, physical injury, threats and intimidation, whether by public officials or by private individuals, groups or institutions. This obligation requires States parties to:] Effectively monitor the conduct of State agents, and regulate that of private persons and entities, with a view to preventing such acts.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Movement
- Violence
- Personnes concernées
- Families
- Persons on the move
- Women
- Année
- 2013
- Type de paragraphe
- Other
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 31
- Paragraph text
- In order to enable detained migrant workers to avail themselves effectively of the rights under (c) above, States parties shall provide the relevant information without delay, that is, upon or shortly after admission to the facility where they are deprived of their liberty and preferably in a language they understand. In relation to (a) above, the Committee emphasizes that the detaining State shall only contact the said authorities if this is explicitly requested by the detained migrant worker. In particular, migrant workers with potential protection needs shall not be brought to the attention of the said authorities without their knowledge and consent.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Families
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Other
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 28
- Paragraph text
- Article 16, paragraph 5, requires States parties to inform migrant workers and members of their families who are arrested of the reasons for their arrest at the time of arrest and, as far as possible, in a language they understand. Moreover, they must be promptly informed of the charges against them in a language they understand. In order to comply with this obligation, States parties should consider preparing standard notification forms, containing, inter alia, information on available remedies, in the languages that are most frequently used or understood by migrant workers in an irregular situation in the State party concerned. Such standard notification forms, however, should be complementary to the issuance of a detention order containing factual information and the legal grounds pertaining to the arrest.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Families
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Other
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 35
- Paragraph text
- Article 16, paragraph 9, provides for an enforceable right to compensation for migrant workers and members of their families who have been victims of unlawful arrest or detention. This right does not depend on a violation of article 16. It is sufficient that the arrest or detention be found unlawful under national or international law. States parties shall ensure that the right to compensation can be effectively enforced before the competent domestic authority. States parties must also ensure that migrant workers and members of their families are not expelled while their claim is being considered.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Families
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Other
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 49
- Paragraph text
- Article 22 of the Convention prohibits collective expulsion and provides procedural safeguards in individual expulsion proceedings with respect to both regular and irregular migrant workers and members of their families. While article 22 regulates only the procedure and not the substantive grounds of expulsion, its purpose is to prevent arbitrary expulsions and to provide substantive protection against expulsions in certain situations. Article 22 applies to all procedures aimed at the obligatory departure of migrant workers whether described in national law as expulsion or otherwise.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Families
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Other
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 58
- Paragraph text
- Article 22, paragraph 9, complements article 22, paragraph 6, and article 25, paragraph 3, stating that migrant workers and family members should not be deprived of their acquired rights, such as the right to receive wages and "other entitlements," including social security benefits or reimbursement of contributions made with respect to such benefits. States parties should therefore ensure that migrant workers and members of their families have access to information on the amount of their accrued social security benefits prior to their expulsion.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Movement
- Personnes concernées
- Families
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Other
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 16
- Paragraph text
- The Committee recalls that regularization is the most effective measure to address the extreme vulnerability of migrant workers and members of their families in an irregular situation. States parties should therefore consider policies, including regularization programmes, for avoiding or resolving situations whereby migrant workers and members of their families are in, or are at risk of falling into, an irregular situation (art. 69, para. 1).
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Families
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Other
Paragraphe
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. 3
- Paragraph text
- In the context of international migration, children may be in a situation of double vulnerability as children and as children affected by migration who (a) are migrants themselves, either alone or with their families, (b) were born to migrant parents in countries of destination or (c) remain in their country of origin while one or both parents have migrated to another country. Additional vulnerabilities could relate to their national, ethnic or social origin; gender; sexual orientation or gender identity; religion; disability; migration or residence status; citizenship status; age; economic status; political or other opinion; or other status.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Movement
- Personnes concernées
- Children
- Families
- Persons on the move
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 26
- Paragraph text
- The Committees are of the view that addressing only de jure discrimination will not necessarily ensure de facto equality. Therefore, States parties shall fulfil the rights under the Conventions for children in the context of international migration by adopting positive measures to prevent, diminish and eliminate the conditions and attitudes that cause or perpetuate de facto discrimination against them. They should systematically record incidences of discrimination against children and/or their families in the context of international migration, and investigate and sanction such conduct appropriately and effectively.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Families
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 6b
- Paragraph text
- [The present joint general comment also builds on other United Nations resolutions and reports, various outputs of the United Nations human rights mechanisms and United Nations, intergovernmental and civil society initiatives relating to children in the context of international migration, including:] The New York Declaration for Refugees and Migrants, in which the Heads of State and Government undertook to protect the human rights and fundamental freedoms of all refugee and migrant children, regardless of their status, and giving primary consideration at all times to the best interests of the child, and to comply with their obligations under the Convention on the Rights of the Child.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Persons on the move
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 12
- Paragraph text
- The obligations of States parties under the Conventions apply to each child within their jurisdictions, including the jurisdiction arising from a State exercising effective control outside its borders. Those obligations cannot be arbitrarily and unilaterally curtailed either by excluding zones or areas from the territory of a State or by defining particular zones or areas as not or only partly under the jurisdiction of the State, including in international waters or other transit zones where States put in place migration control mechanisms. The obligations apply within the borders of the State, including with respect to those children who come under its jurisdiction while attempting to enter its territory.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Persons on the move
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 25
- Paragraph text
- The Committees recommend that the States parties put special emphasis on the policies and related regulations about the prevention of discriminatory practices towards migrant and refugee children with disabilities and the implementation of necessary policies and programmes for ensuring the full enjoyment of all human rights and fundamental freedoms of migrant and refugee children with disabilities on an equal basis with children who are nationals of the States, and taking into consideration the provisions enshrined in the Convention on the Rights of Persons with Disabilities.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Movement
- Personnes concernées
- Children
- Persons on the move
- Persons with disabilities
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 32f
- Paragraph text
- [The Committees stress that States parties should:] Assess and determine the best interests of the child at the different stages of migration and asylum procedures that could result in the detention or deportation of the parents due to their migration status. Best-interests determination procedures should be put in place in any decision that would separate children from their family, and the same standards applied in child custody, when the best interests of the child should be a primary consideration. In adoption cases, the best interests of the child shall be the paramount consideration;
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Families
- Persons on the move
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 10
- Paragraph text
- Article 37 (b) of the Convention of the Rights of the Child establishes the general principle that a child may be deprived of liberty only as a last resort and for the shortest appropriate period of time. However, offences concerning irregular entry or stay cannot under any circumstances have consequences similar to those derived from the commission of a crime. Therefore, the possibility of detaining children as a measure of last resort, which may apply in other contexts such as juvenile criminal justice, is not applicable in immigration proceedings as it would conflict with the principle of the best interests of the child and the right to development.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 25
- Paragraph text
- Nationality laws that discriminate with regard to the transmission or acquisition of nationality on the basis of prohibited grounds, including in relation to the child and/or his or her parents’ race, ethnicity, religion, gender, disability and migration status, should be repealed. Furthermore, all nationality laws should be implemented in a non-discriminatory manner, including with regard to residence status in relation to the length of residency requirements, to ensure that every child’s right to a nationality is respected, protected and fulfilled.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Personnes concernées
- Children
- Families
- Persons on the move
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 49
- Paragraph text
- States should ensure that children in the context of international migration have a standard of living adequate for their physical, mental, spiritual and moral development. As provided in article 27 (3) of the Convention on the Rights of the Child. States, in accordance with national conditions and within their means, shall take appropriate measures to assist parents and others responsible for the child to implement this right and shall in case of need provide material assistance and support programmes, particularly with regard to nutrition, clothing and housing.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Movement
- Personnes concernées
- Children
- Families
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 19
- Paragraph text
- The Committees are of the opinion that a comprehensive interpretation of the Convention on the Rights of the Child with articles 7 (a), 23 and 65 (2) of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families should imply the development and implementation of effective consular protection policies which include specific measures directed to protecting children’s rights, such as providing ongoing training to consular staff on the two Conventions, as well as on other human rights instruments, and promoting protocols on consular protection services.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Families
- Persons on the move
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 30
- Paragraph text
- The Committees are concerned about cases where children are separated from parents and placed in alternative care by child protection systems when there are no concerns related to parental abuse and neglect. Financial and material poverty, or conditions directly and uniquely attributable to such poverty, should never be the sole justification for removing a child from parental care, for receiving a child into alternative care or for preventing a child’s social reintegration. In this regard, States should provide appropriate assistance to parents and legal guardians in the performance of their child-rearing responsibilities, including by providing social benefits and child allowances and other social support services regardless of the migration status of the parents or the child.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Movement
- Poverty
- Social & Cultural Rights
- Violence
- Personnes concernées
- Children
- Families
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 44
- Paragraph text
- Furthermore, States should take the following actions to ensure the full and effective protection of migrant children from all forms of violence and abuse: - Take effective measures to ensure that they are protected from any form of slavery and commercial sexual exploitation and from being used for illicit activities or from any work that would jeopardize their health, safety or morals, including by becoming party to relevant conventions of the International Labour Organization - Take effective measures to protect them from all forms of violence and abuse, regardless of their migration status - Recognize and address the gender-specific vulnerable situations of girls and boys and children with disabilities as potential victims of trafficking for sexual, labour and all other forms of exploitation - Ensure comprehensive protection, support services and access to effective redress mechanisms, including psychosocial assistance and information about those remedies, for migrant children and their families reporting cases of violence, abuse or exploitation to police or other relevant authorities, regardless of their migration status; children and parents must be able to safely report to police or other authorities as victims or witnesses without any risk of immigration enforcement as a result - Recognize the important role that can be played by community services and civil society organizations in regard to the protection of migrant children - Develop comprehensive policies aimed at addressing the root causes of all forms of violence, exploitation and abuse against migrant children, including adequate resources for their proper implementation
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Movement
- Violence
- Personnes concernées
- Boys
- Children
- Families
- Girls
- Persons on the move
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 22
- Paragraph text
- States parties are also required to take effective measures to fight all manifestations of racism, xenophobia or related intolerance against migrant workers and members of their families, especially those in an irregular situation, such as hate crimes, incitement to hatred and hate speech, including by politicians and in the media, and to raise public awareness about the criminal nature of such acts as well as to promote respect for migrant workers' human rights.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Personnes concernées
- Families
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Other
Paragraphe
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. 55d
- Paragraph text
- [States that have not yet done so are encouraged to ratify or accede to:] The Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict;
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Humanitarian
- Personnes concernées
- Children
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 5a
- Paragraph text
- [The present joint general comment builds on the increasing attention that both Committees have given to the rights of children in the context of international migration through a number of initiatives, including:] Committee on the Rights of the Child general comment No. 6 (2005) on treatment of unaccompanied and separated children outside their country of origin, which includes a set of recommendations specifically for those migrant children outside their country of origin who are unaccompanied and separated;
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Persons on the move
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 10
- Paragraph text
- The present joint general comment should be read in conjunction with other relevant general comments issued by the Committees; building upon those general comments and the evolving challenges children face in the context of international migration, it should also be read as authoritative guidance from the Committees as regards the rights of children in the context of international migration.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Persons on the move
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 5d
- Paragraph text
- [The present joint general comment builds on the increasing attention that both Committees have given to the rights of children in the context of international migration through a number of initiatives, including:] The increasing number of recommendations made by both Committees in recent years to States parties to their respective Conventions on a variety of human rights issues that affect children’s rights in the context of international migration.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Persons on the move
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 27
- Paragraph text
- The right to protection of family life is recognized in international and regional human rights instruments, including the Convention on the Rights of the Child and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. Therefore, this right should be fully respected, protected and fulfilled in relation to every child without any kind of discrimination, regardless of their residency or nationality status. States should comply with their international legal obligations in terms of maintaining family unity, including siblings, and preventing separation, which should be a primary focus, in accordance with the Guidelines for the Alternative Care of Children. Protection of the right to a family environment frequently requires that States not only refrain from actions which could result in family separation or other arbitrary interference in the right to family life, but also take positive measures to maintain the family unit, including the reunion of separated family members. The Committee on the Rights of the Child, in its general comment No. 14 (2013) on the right of the child to have his or her best interests taken as a primary consideration, states that the term “parents” must be interpreted in a broad sense to include biological, adoptive or foster parents, or, where applicable, the members of the extended family or community as provided for by local custom.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Personnes concernées
- Children
- Families
- Persons on the move
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 61
- Paragraph text
- States should put in place adequate measures to recognize the child’s former education by acknowledging previously obtained school certificates and/or issuing new certification based on the child’s capacities and capabilities, to avoid creating stigmatization or penalization. This is equally applicable to countries of origin or third countries in the case of return.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- Children
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 24
- Paragraph text
- While States are not obliged to grant their nationality to every child born in their territory, they are required to adopt every appropriate measure, both internally and in cooperation with other States, to ensure that every child has a nationality when he or she is born. A key measure is the conferral of nationality to a child born on the territory of the State, at birth or as early as possible after birth, if the child would otherwise be stateless.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- Children
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 58
- Paragraph text
- Restrictions on adult migrants’ right to health on the basis of their nationality or migration status could also affect their children’s right to health, life and development. Therefore, a comprehensive approach to children’s rights should include measures directed at ensuring the right to health to all migrant workers and their families, regardless of their migration status, as well as measures aimed at ensuring an intercultural approach to health policies, programmes and practices.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Health
- Movement
- Personnes concernées
- Children
- Families
- Persons on the move
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 17j
- Paragraph text
- [More specifically, and in particular in the context of best interest assessments and within best interest determination procedures, children should be guaranteed the right to:] Be fully informed throughout the entire procedure, together with their guardian and legal adviser, including information on their rights and all relevant information that could affect them.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- Children
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 63
- Paragraph text
- States should develop concrete measures to foster intercultural dialogue between migrant and host communities and to address and prevent xenophobia or any type of discrimination or related intolerance against migrant children. In addition, integrating human rights education, including on non-discrimination, as well as migration and migrants’ rights and children’s rights, within education curricula would contribute to preventing in xenophobic or any form of discriminatory attitudes that could affect migrants’ integration in the long term.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Education
- Equality & Inclusion
- Personnes concernées
- Children
- Persons on the move
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 5
- Paragraph text
- The situation of migrant workers may be irregular either because they have entered the State of employment in an unauthorized way and are thus not authorized to stay, reside or work in that State, or because they overstay the period or otherwise violate the conditions of their authorized stay. Regular migrants may also lose their status through no fault of their own due to illness or other unforeseen circumstances affecting them or family members. The Committee emphasizes that whatever the modalities of their stay, migrant workers can never be deprived of their fundamental rights, as protected under Part III of the Convention, by virtue of their irregular situation.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Families
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Other
Paragraphe
Migrant domestic workers 2011, para. 19
- Paragraph text
- Labour law. In many countries, domestic workers are not legally recognized as "workers" entitled to labour protection. A number of premises and special definitions are used to exclude domestic workers from the protection of labour laws, including the consideration that they work for private persons, who are not considered to be "employers". Equally, traditional perceptions of domestic work as tasks associated with unpaid work in the home performed by women and girls as well as traditional perceptions of domestic workers as either being "family helpers" often militate against the extension of national labour law to effectively cover domestic work. Because of their de facto and/or de jure, "unrecognized" status as "workers", domestic workers are unable to exercise the rights and freedoms granted by labour law to other workers.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Personnes concernées
- Families
- Girls
- Persons on the move
- Women
- Année
- 2011
- Type de paragraphe
- Other
Paragraphe
Migrant domestic workers 2011, para. 12
- Paragraph text
- The withholding of passports by the employer is widespread, reinforcing isolation and dependence and restricting the movement of the migrant worker out of the house as well as out of the country.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2011
- Type de paragraphe
- Other
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 43
- Paragraph text
- Article 17, paragraph 7, contains a specific non-discrimination clause providing for detained or imprisoned migrant workers and members of their families to enjoy the same rights as nationals of the State of employment or transit who are in the same situation. This provision has the effect of extending additional procedural safeguards, over and above those contained in article 17, to detained migrant workers, such as the right to communicate with the outside, including by telephone, access to health professionals and to education, if also provided to nationals.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Personnes concernées
- Families
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Other
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 72
- Paragraph text
- Article 28 of the Convention provides for migrant workers and members of their families to have the right to receive any medical care that is urgently required for the preservation of their life or the avoidance of irreparable harm to their health on the basis of equality of treatment with nationals. Article 28, however, read together with other international human rights instruments, may create broader obligations for States parties to both instruments. Article 12 of the International Covenant on Economic, Social and Cultural Rights provides for the right to the highest attainable standard of health for all persons. States parties are therefore obliged to ensure that all persons, irrespective of their migration status, have effective access to at least a minimum level of health care on a non-discriminatory basis. The Committee on Economic, Social and Cultural Rights considers this to encompass primary health care, as well as preventive, curative and palliative health services. The Committee on the Rights of the Child holds that every migrant child is entitled to the same health care as nationals under article 24 of the Convention on the Rights of the Child. To that effect, States parties shall ensure, inter alia, that all migrant workers and members of their families have access to essential medicines and that migrant children are provided with immunization against the major infectious diseases. They shall ensure that migrant women have access to appropriate prenatal and postnatal health care, safe reproductive health services, and to emergency obstetric care.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Health
- Movement
- Personnes concernées
- Children
- Families
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Other
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 38
- Paragraph text
- Article 17, paragraph 3, underlines the non-punitive nature of administrative detention. It provides for migrant workers or members of their families who are detained for violation of provisions relating to migration to be held, insofar as is practicable, separately from convicted persons or pretrial detainees. Given that such detention can last for an extended period, migrant detainees should be kept in special facilities that are specifically designed for that purpose. Moreover, migrant workers and members of their families should not be subjected to any greater restriction or severity than is necessary to ensure safe custody and good order. The Committee is of the view that States parties should look for alternatives to administrative detention and that administrative detention should only be used as a last resort.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Families
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Other
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 45
- Paragraph text
- States parties must also take into consideration the special situation of women migrant workers in detention. States parties must ensure separate facilities for men and women, ensure the provision of gender-specific health care services, and also provide for the specific needs of pregnant women, breastfeeding mothers and mothers with young children. States should avoid detaining women migrant workers in the final months of pregnancy or if they are nursing. The United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules) provide useful guidelines for States in these situations.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Health
- Movement
- Personnes concernées
- Persons on the move
- Women
- Année
- 2013
- Type de paragraphe
- Other
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 52
- Paragraph text
- Article 22, paragraph 2, seeks to prevent arbitrary expulsions by allowing only those carried out "in pursuance of a decision taken by the competent authority in accordance with law." Article 22, paragraph 3, provides for the decision on expulsion to be communicated to the migrant worker concerned in a language he or she understands and, upon his or her request where not otherwise mandatory, in writing and with reasons, save in exceptional circumstances on grounds of national security. These rights are important to ensure due process, by enabling migrant workers to prepare their arguments with regard to such a decision. The right of the persons concerned to be informed of these rights before, or, at the latest, at the time the decision is rendered, serves the same purpose.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Families
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Other
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 60
- Paragraph text
- Article 11 of the Convention requires States parties to take effective measures against all forms of forced or compulsory labour by migrant workers. This includes debt bondage, passport retention, and illegal confinement, for example. Article 21 obliges States parties to ensure that employers and recruiters do not confiscate or destroy travel or identity documents belonging to migrant workers. States parties should provide training to law enforcement officers, and ensure that occupations dominated by migrant workers, especially women migrant workers, such as domestic work and some forms of entertainment, are protected by labour laws and subject to inspections.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Persons on the move
- Women
- Année
- 2013
- Type de paragraphe
- Other
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 70
- Paragraph text
- The reference to "contributions" in article 27, paragraph 2, does not imply that "social security," under article 27, paragraph 1, refers only to contributory social security schemes. Such a narrow reading would be contrary to article 9 of the International Covenant on Economic, Social and Cultural Rights, which recognizes "social security" as "including social insurance." Recalling that article 9 of the Covenant applies to all migrant workers, regardless of their legal status and documentation, the Committee considers that "social security" in article 27 of the Convention also covers existing non-contributory social benefits, and that migrant workers in an irregular situation shall have access to such benefits on a non-discriminatory basis, to the extent that the applicable legislation of the State party concerned provides for such an entitlement.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Personnes concernées
- Families
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Other
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 56
- Paragraph text
- Article 22, paragraph 7, provides for migrant workers and members of their families who are subject to an expulsion decision to seek entry into a State other than their State of origin, without prejudice to the execution of the expulsion decision. The exercise of this choice on the part of the migrant worker and family members is subject to the consent of the third State.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Families
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Other
Paragraphe
Migrant domestic workers 2011, para. 27a
- Paragraph text
- [A number of factors make it difficult for migrant domestic workers to claim their rights and seek redress in case of violations, including the fact that:] Specific mechanisms available to receive and address complaints from domestic workers are often not available;
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2011
- Type de paragraphe
- Other
Paragraphe
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. 17
- Paragraph text
- Children’s personal data, in particular biometric data, should only be used for child protection purposes, with strict enforcement of appropriate rules on collection, use and retention of, and access to, data. The Committees urge due diligence regarding safeguards in the development and implementation of data systems, and in the sharing of data between authorities and/or countries. States parties should implement a “firewall” and prohibit the sharing and use for immigration enforcement of the personal data collected for other purposes, such as protection, remedy, civil registration and access to services. This is necessary to uphold data protection principles and protect the rights of the child, as stipulated in the Convention on the Rights of the Child.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Personnes concernées
- Children
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 42
- Paragraph text
- In the view of the Committees, the obligation of States parties under article 6 of the Convention on the Rights of the Child and article 9 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families include the protection and reduction — to the maximum extent possible — of migration-related risks faced by children, which may jeopardize a child’s right to life, survival and development. States, especially those of transit and destination, should devote special attention to the protection of undocumented children, whether unaccompanied and separated or with families, and to the protection of asylum-seeking children, stateless children and child victims of transnational organized crime, including trafficking, sale of children, commercial sexual exploitation of children and child marriage. States should also consider the specific vulnerable circumstances that could face migrant children on the basis of their gender and other factors, such as poverty, ethnicity, disability, religion, sexual orientation, gender identity or others, that may aggravate the child’s vulnerability to sexual abuse, exploitation, violence, among other human rights abuses, throughout the entire migratory process. Specific policies and measures, including access to child-friendly, gender-sensitive and safe judicial and non-judicial remedies, should be put in place in order to fully protect and assist such children, aiming to facilitate their ability to resume their lives with their rights as children fully respected, protected and fulfilled.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Gender
- Movement
- Personnes concernées
- Children
- Families
- Persons on the move
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 53
- Paragraph text
- The present joint general comment should be translated into relevant languages, and child-friendly/appropriate versions and formats accessible to persons with disabilities should be made available. Conferences, seminars, workshops and other events should be held to share good practices on how best to implement it. It should also be incorporated into the formal pre- and in-service training of all concerned professionals and to technical staff in particular, as well as to child protection and migration authorities and personnel, and should be made available to all national and local human rights institutions, and other human rights civil society organizations.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Persons on the move
- Persons with disabilities
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 36
- Paragraph text
- States parties should appoint a qualified legal representative for all children, including those with parental care, and a trained guardian for unaccompanied and separated children, as soon as possible on arrival, free of charge. Accessible complaints mechanisms for children should be ensured. Throughout the process, children should be offered the possibility to be provided with a translator in order that they may express themselves fully in their native language and/or receive support from someone familiar with the child’s ethnic, religious and cultural background. These professionals should be trained on the specific needs of children in the context of international migration, including gender, cultural, religious and other intersecting aspects.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Movement
- Personnes concernées
- Children
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 47
- Paragraph text
- The Committees recall that article 22 (1) of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and other international and regional human rights instruments forbid collective expulsions and require that each case that could eventually become an expulsion be examined and decided individually, ensuring the effective fulfilment of all the due process guarantees and the right to access to justice. States parties should adopt all measures necessary in order to prevent collective expulsions of migrant children and families.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Families
- Persons on the move
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 8
- Paragraph text
- The Committees acknowledge that the phenomenon of international migration affects all regions of the world and all societies and, increasingly, millions of children. While migration can bring positive outcomes to individuals, families and broader communities in countries of origin, transit, destination and return, the drivers of migration, in particular unsafe and/or irregular migration, are often directly related to violations of human rights, including the rights of the child as recognized in several human rights treaties, in particular the Convention on the Rights of the Child.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Families
- Persons on the move
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 22
- Paragraph text
- The principle of non-discrimination shall be at the centre of all migration policies and procedures, including border control measures, and regardless of the migration status of children or their parents. Any differential treatment of migrants shall be lawful and proportionate, in pursuit of a legitimate aim and in line with the child’s best interests and international human rights norms and standards. Similarly, States parties should ensure that migrant children and their families are integrated into receiving societies through the effective realization of their human rights and access to services in an equal manner with nationals.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Families
- Persons on the move
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 47
- Paragraph text
- With respect to social security, migrant children and their families shall have the right to the same treatment granted to nationals, insofar as they fulfil the requirements provided for by the applicable legislation of the State and the applicable bilateral and multilateral treaties. The Committees consider that in cases of necessity, States should provide emergency social assistance to migrant children and their families regardless of their migration status, without any discrimination.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Economic Rights
- Equality & Inclusion
- Humanitarian
- Movement
- Personnes concernées
- Children
- Families
- Persons on the move
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 55
- Paragraph text
- Every migrant child should have access to health care equal to that of nationals, regardless of their migration status. This includes all health services, whether preventive or curative, and mental, physical or psychosocial care, provided in the community or in health-care institutions. States have an obligation to ensure that children’s health is not undermined as a result of discrimination, which is a significant factor contributing to vulnerability; the implications of multiple forms of discrimination should also be addressed. Attention should be paid to addressing the gender-specific impacts of reduced access to services. In addition, migrant children should be provided full access to age-appropriate sexual and reproductive health information and services.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Health
- Personnes concernées
- Children
- Persons on the move
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 48
- Paragraph text
- In cases of migrant families, including with children born to migrant parents, the Committees stress the interdependence between parental responsibilities for the upbringing and development of the child under articles 5 and 18 of the Convention on the Rights of the Child and labour rights for migrant workers under relevant provisions of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. Therefore, States should, as far as possible, take measures to ensure that the rights at work of migrant parents, including those in an irregular situation, are fully respected.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Families
- Persons on the move
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 42
- Paragraph text
- Article 17, paragraph 6, requires States parties to pay attention to the problems that deprivation of liberty may pose for family members, in particular spouses and minor children. In such cases, the Committee is of the view that States parties should seek alternatives to administrative detention, as administrative detention often has dire consequences, both economically and psychologically, for spouses and children.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Families
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Other
Paragraphe
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. 51
- Paragraph text
- States should not interfere with children’s right to housing by means of measures which prevent migrants from renting properties. Measures should be taken to ensure that migrant children, regardless of their status, are able to access homeless shelters.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Movement
- Social & Cultural Rights
- Personnes concernées
- Children
- Persons on the move
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 55b
- Paragraph text
- [States that have not yet done so are encouraged to ratify or accede to:] The Convention on the Rights of the Child;
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- Children
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 36
- Paragraph text
- When a country of destination refuses family reunification to the child and/or to his/her family, it should provide detailed information to the child, in a child-friendly and age-appropriate manner, on the reasons for the refusal and on the child’s right to appeal.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Personnes concernées
- Children
- Families
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 51
- Paragraph text
- States parties should also avail themselves of technical cooperation from the international community, including from the United Nations agencies and entities and regional organizations for the implementation of migration policies in respect of children in line with the present joint general comment.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Persons on the move
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 54
- Paragraph text
- States parties should include in their periodic reports under article 73 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and article 44 of the Convention on the Rights of the Child information about the measures guided by the present joint general comment that they have implemented and their outcomes.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Families
- Persons on the move
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 17g
- Paragraph text
- [More specifically, and in particular in the context of best interest assessments and within best interest determination procedures, children should be guaranteed the right to:] Have the application and procedures involving children be treated as a priority, while ensuring ample time to prepare for proceedings and that all due process guarantees are preserved;
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- Children
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 34
- Paragraph text
- Article 12 of the Convention on the Rights of the Child underscores the importance of children’s participation, providing for children to express their views freely and to have those views taken into account with due weight, according to age, maturity and the evolving capacity of the child.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- Children
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 23
- Paragraph text
- Article 7 of the Convention on the Rights of the Child places emphasis on the prevention of statelessness by specifying that States parties shall ensure the implementation of the rights of a child to be registered, to a name, to acquire a nationality and to know and be cared for by his or her parents. The same right is enshrined for all children of migrant workers in article 29 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Families
- Persons on the move
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 57
- Paragraph text
- Discrimination can often exacerbate insufficient financial and legal protection, and may force migrant children to postpone treatment until they are seriously ill. Attention should be paid to resolving the issues surrounding complicated health services that require prompt and extensive responses, in which discriminatory approaches may severely affect the health of migrant children and significantly delay their treatment and recovery period. The commitment of health professionals should be first to their patients and to upholding children’s health as a human right.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Health
- Personnes concernées
- Children
- Persons on the move
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 65
- Paragraph text
- In order to ensure that this comprehensive and balanced approach is consistent with the best interests of children, child protection/welfare agencies should have a key role in the development of any international, regional or bilateral agreements that affect the rights and treatment of children in the context of international migration. Bilateral, regional and international initiatives should be encouraged in order to facilitate family reunification, implement best interest assessment and determination, and guarantee children’s right to be heard and due process safeguards. Such initiatives should ensure access to justice in cross-border situations where children whose rights are affected in the country of transit or destination need it after they have returned to the country of origin or gone to a third country. In addition, States should ensure the participation of children and civil society organizations, including regional intergovernmental institutions, in these processes. States should also avail themselves of technical cooperation from the international community and United Nations agencies and entities, including the United Nations Children’s Fund and the International Organization for Migration, for the implementation of migration policies in respect of children in line with the present joint general comment.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Families
- Persons on the move
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 22
- Paragraph text
- Should a child’s identity documents have been procured irregularly on his or her behalf and the child requests the restoration of his or her identity documents, States parties are encouraged to adopt flexible measures in the best interests of the child, specifically by issuing corrected documents and avoiding prosecution where falsification has been committed.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- Children
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 2
- Paragraph text
- As a deterrent for migrant workers and members of their families in an irregular situation to enter or stay on their territory, States increasingly resort to repressive measures, such as criminalization of irregular migration, administrative detention and expulsion. Criminalization of irregular migration fosters and promotes public perceptions that migrant workers and members of their families in an irregular situation are "illegal", second-class individuals, or unfair competitors for jobs and social benefits, thereby fuelling anti-immigration public discourses, discrimination and xenophobia. Moreover, migrant workers and members of their families in an irregular situation generally live in fear of being reported to the immigration authorities by public service providers or other officials, or by private individuals, which limits their access to fundamental human rights, as well as their access to justice, and makes them more vulnerable to labour and other types of exploitation and abuse.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Families
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Other
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 8
- Paragraph text
- The rights guaranteed to migrants in an irregular situation in other international human rights treaties often have a wider scope than their counterparts in Part III of the Convention. These treaties also contain additional rights. The rights guaranteed in those treaties generally apply to everyone, including migrants and other non-nationals, without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, including immigration status.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Personnes concernées
- Families
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Other
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 1
- Paragraph text
- International sources estimate that between 10 and 15 per cent of the world's international migrants are in an irregular situation, although the very nature of irregular migration makes it difficult to find reliable data on the scale of this phenomenon. While the economies of developing countries cannot absorb the large numbers of young men and, increasingly, women, seeking employment, population decline and ageing have reduced the labour force in developed countries, thereby generating a demand for low and middle-skilled migrant workers in many sectors of the economy. However, that demand has not been matched by a corresponding increase in regular migration channels. As a result, employers often resort to migrant workers in an irregular situation to fill the gaps.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Movement
- Personnes concernées
- Families
- Persons on the move
- Women
- Année
- 2013
- Type de paragraphe
- Other
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 75
- Paragraph text
- Article 30 of the Convention protects the "basic right of access to education" of all children of migrant workers "on the basis of equality of treatment with nationals of the State concerned." Article 30 also provides that access to public preschool educational institutions or schools shall be without prejudice to the migration status of the child concerned or parents of the child. The Committee, in accordance with article 13 of the International Covenant on Economic, Social and Cultural Rights, is of the view that States parties must provide free and compulsory primary education for all, including children of migrant workers, regardless of their migration status. As such, States parties have an obligation to eliminate all direct costs of schooling, such as school fees, as well as alleviate the adverse impact of indirect costs, such as expenses for school materials and uniforms. Access to secondary education by children of migrant workers must be ensured on the basis of equality of treatment with nationals. Accordingly, whenever children who are nationals have access to free secondary education, States parties must ensure equal access by children of migrant workers, irrespective of their migration status. Similarly, when States parties provide different forms of secondary education, including vocational education, they should also make them accessible to children of migrant workers. The same principle applies to free preschool education or to scholarship schemes. Therefore, whenever children who are nationals have access to free preschool education or scholarships, States parties must ensure equal access by children of migrant workers, irrespective of their migration status.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Education
- Equality & Inclusion
- Movement
- Personnes concernées
- Children
- Families
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Other
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 78
- Paragraph text
- While noting that the obligation of the State of employment to endeavour to facilitate the teaching of the mother tongue and culture is explicitly accorded to the children of migrant workers in a regular situation pursuant to article 45, paragraph 3, of the Convention, the Committee emphasizes that the right to respect for one's cultural identity (art. 31) belongs to all migrant workers and members of their families, including children. Considering these two provisions together, along with article 29, paragraph 1 (c), of the Convention on the Rights of the Child, which applies to all children, the Committee is of the view that States parties should also ensure access for children of migrant workers in an irregular situation to mother-tongue instruction if already available to children of migrant workers who are documented as having the same mother tongue.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Economic Rights
- Movement
- Social & Cultural Rights
- Personnes concernées
- Children
- Families
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Other
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 79
- Paragraph text
- Legal identity is often a prerequisite for access to a number of fundamental rights. Children of migrants in an irregular situation, particularly those born in a host State that does not recognize their existence, are vulnerable throughout their lives. States parties are obliged to ensure that children of migrant workers are registered soon after birth, irrespective of the migration status of their parents, and provided with birth certificates and other identity documents (art. 29). States parties shall not require migrant workers to present a residence permit in order to register a child, as this would effectively deprive migrant children in an irregular situation of their right to birth registration, which can also deny them access to education, health services, employment and other rights. Non-compliance by migrant workers with the obligation to register their children following birth should never justify their exclusion from education.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Families
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Other
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 33
- Paragraph text
- The Committee considers that anyone arrested and detained solely for immigration purposes should be brought promptly before a judge or other officer authorized by law to exercise judicial power to review the lawfulness of the arrest and/or detention and the continued necessity of such arrest or detention; and to order unconditional release and/or less coercive measures, if warranted. Further reviews of the continued necessity and lawfulness of the detention should be carried out at regular intervals by a judge or other officer authorized by law to exercise judicial power. The burden of proof must rest on the detaining authorities to demonstrate that the presumption in favour of liberty should be displaced. The migrant worker must have access to legal representation and advice, if necessary free of charge, to challenge the lawfulness of detention. Children, and in particular unaccompanied or separated children, should never be detained solely for immigration purposes.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Other
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 17
- Paragraph text
- States parties shall cooperate in promoting sound, equitable, humane and lawful conditions for international migration (art. 64, para. 1). Coordinated policies, which ensure that migrant workers and members of their families have access to regular channels for migration, based on actual or projected labour market needs - at all skills levels - and resources (art. 64, para. 2), are an important element of such cooperation. By making regular channels of migration available, States parties also contribute to the aim of preventing and eliminating illegal or clandestine movements and employment of migrant workers in an irregular situation (art. 68).
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Personnes concernées
- Families
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Other
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 69
- Paragraph text
- Article 27, paragraph 2, states that where the applicable legislation does not allow migrant workers and members of their families a benefit, the State party concerned shall examine the possibility of reimbursing them the amount of contributions made by them with respect to that benefit on the basis of equality of treatment with nationals. In this respect, States parties shall provide objective reasons in each case in which the reimbursement of the said contributions is deemed impossible. A decision not to reimburse contributions made by a migrant worker or family member must not discriminate on the basis of his or her nationality or migration status. Furthermore, the Committee considers that a migrant worker's entitlement to social security benefits should not be affected by a change in workplace.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Personnes concernées
- Families
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Other
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 44
- Paragraph text
- This provision also raises the issue of family detention. As a general rule, children and families with children should not be detained and States parties should always give priority to alternatives to detention where children and families are concerned. When family detention is unavoidable, detention of children shall be used "only as a measure of last resort and for the shortest appropriate period of time", in accordance with article 37, paragraph (b), of the Convention on the Rights of the Child. Moreover, the primary consideration in all actions concerning children shall be the best interest of the child standard, as laid down in article 3, paragraph 1, of the Convention on the Rights of the Child. States parties shall ensure that children in detention are treated with humanity and respect for the inherent dignity of the human person and in an age-appropriate manner and are provided with all legal safeguards (Convention on the Rights of the Child, art. 37). States parties shall therefore provide living quarters that are suitable for children and provide adequate access to education, play and leisure facilities, and, in the case of children detained with their parents, in special family units. Children should not be separated from their parents against their will except when such separation is necessary for the best interests of the child (Convention on the Rights of the Child, art. 9, para. 1). Unaccompanied children should be appointed a legal guardian who should be entrusted with the duty to care for the child outside of detention facilities.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- Children
- Families
- Année
- 2013
- Type de paragraphe
- Other
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 54
- Paragraph text
- Article 22, paragraph 5, states that if an expulsion decision that has already been executed is subsequently annulled, the person concerned has the right to seek compensation according to law. The expelling State shall ensure that the expelled person has the necessary facilities to pursue his or her compensation claim from abroad, for example, by appointing a legal representative. Furthermore, the expelling State may not invoke the earlier (annulled) decision to deny the person concerned re-entry into its territory.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Families
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Other
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 61
- Paragraph text
- Article 25, paragraph 1 (b), of the Convention provides that laws and regulations on the minimum age of employment shall equally apply to migrant children. The minimum age shall not be less than 15 years, in accordance with article 2 of ILO Convention No. 138 (1973) concerning Minimum Age for Admission to Employment. Furthermore, in accordance with article 11 of the Convention, States parties are obliged to ensure that child migrant workers shall be protected from any form of slavery, prostitution or work that would jeopardize their education, safety, morals and health, such as long hours of work. States parties must protect child migrant workers from violence and ensure their rights to education, leisure and occupational health.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Health
- Movement
- Personnes concernées
- Children
- Families
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Other
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 57
- Paragraph text
- Article 22, paragraph 8, provides that migrant workers and members of their families shall be exempt from bearing the costs of their expulsion. The expelling State may require that they pay their own travel costs, but migrant workers must not be required to pay the costs of the legal proceedings leading to their expulsion or the costs of their administrative detention (see also art. 17, para. 8). However, the Committee notes that migrant workers who are in an irregular situation not of their own making, for example, redundancy before expiry of a contract or where an employer failed to complete the necessary formalities, should not be responsible for the costs of expulsion, including travel costs.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Families
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Other
Paragraphe
Migrant domestic workers 2011, para. 13b
- Paragraph text
- [In the workplace, many are subjected to abusive working conditions, including:] Excessive and often undefined working hours. Especially for migrant live-in domestic workers, there is often an express or implied expectation of total availability, where the worker can be called on to work at any time;
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2011
- Type de paragraphe
- Other
Paragraphe
Migrant domestic workers 2011, para. 26a
- Paragraph text
- [A range of factors constitutive of domestic work itself, and even more so, of domestic work performed by migrants, hides abuses from view, and makes detection of protection needs difficult.]: Workplaces are unseen, behind closed doors and out of the public eye;
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2011
- Type de paragraphe
- Other
Paragraphe
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. 50
- Paragraph text
- The Committees reaffirm that, in all international, regional or bilateral cooperation agreements on border management and migration governance, the impacts of such initiatives on children’s rights should be duly considered and adaptations made as necessary to uphold the rights of the child. The Committees are concerned by the increase in bilateral or multilateral cooperation agreements that focus on restricting migration, which have demonstrably negative impacts on children’s rights, and instead urge cooperation that facilitates safe, orderly and regular migration with full respect for human rights.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Persons on the move
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 37
- Paragraph text
- Children that remain in their countries of origin may end up migrating irregularly and unsafely, seeking to be reunited with their parents and/or older siblings in destination countries. States should develop effective and accessible family reunification procedures that allow children to migrate in a regular manner, including children remaining in countries of origin who may migrate irregularly. States are encouraged to develop policies that enable migrants to regularly be accompanied by their families in order to avoid separation. Procedures should seek to facilitate family life and ensure that any restrictions are legitimate, necessary and proportionate. While this duty is primarily for receiving and transit countries, States of origin should also take measures to facilitate family reunification.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Movement
- Personnes concernées
- Children
- Families
- Persons on the move
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 59
- Paragraph text
- All children in the context of international migration, irrespective of status, shall have full access to all levels and all aspects of education, including early childhood education and vocational training, on the basis of equality with nationals of the country where those children are living. This obligation implies that States should ensure equal access to quality and inclusive education for all migrant children, irrespective of their migration status. Migrant children should have access to alternative learning programmes where necessary and participate fully in examinations and receive certification of their studies.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Education
- Equality & Inclusion
- Movement
- Personnes concernées
- Children
- Persons on the move
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 30d
- Paragraph text
- [Article 16, paragraph 7, provides for the right of migrant workers who are deprived of their liberty to communicate with the consular or diplomatic authorities of their State of origin or those of a State representing the interests thereof. It also requires State parties to:] Correspond and meet with representatives of the said authorities and make arrangements with them for his or her legal representation.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Families
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Other
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 40
- Paragraph text
- Article 17, paragraph 4, underscores the essential aim of the criminal justice system, which is to reform and rehabilitate offenders. Juvenile offenders must be separated from adults and treated appropriately for their age and legal status, and pursuant to international standards, including the United Nations Rules for the Protection of Juveniles Deprived of their Liberty.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Families
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Other
Paragraphe
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. 38
- Paragraph text
- The Committees are aware that insufficient financial resources often hinder the exercise of the right to family reunification and that the lack of proof of adequate family income can constitute a barrier to reunion procedures. States are encouraged to provide adequate financial support and other social services to those children and their parent(s), siblings and, where applicable, other relatives.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Personnes concernées
- Children
- Families
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 32a
- Paragraph text
- Give high priority to the child’s best interests in their legislation, policy and practice;
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- Children
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 32b
- Paragraph text
- [The Committees stress that States parties should:] Give high priority to the child’s best interests in their legislation, policy and practice;
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- Children
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 13
- Paragraph text
- The Committees stress the primacy of the rights of the child in the context of international migration and therefore the need for the Conventions to be integrated by States into migration-related frameworks, policies, practices and/or other measures.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Persons on the move
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 2
- Paragraph text
- The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and the Convention on the Rights of the Child contain legally binding obligations that relate both in general and specific terms to the protection of the rights of children in the context of international migration
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Families
- Persons on the move
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 7
- Paragraph text
- The objective of the present joint general comment is to provide authoritative guidance on legislative, policy and other appropriate measures that should be taken to ensure full compliance with the obligations under the Conventions to fully protect the rights of children in the context of international migration.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Persons on the move
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 32e
- Paragraph text
- [The Committees stress that States parties should:] Develop procedures and define criteria to provide guidance to all relevant persons involved with migration procedures on determining the best interests of the child and on giving them due weight as a primary consideration, including in entry, residence, resettlement and return procedures, and develop mechanisms aimed at monitoring its proper implementation in practice;
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Persons on the move
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 11
- Paragraph text
- States should ensure that children in the context of international migration are treated first and foremost as children. States parties to the Conventions have a duty to comply with their obligations set out therein to respect, protect and fulfil the rights of children in the context of international migration, regardless of their or their parents’ or legal guardians’ migration status.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Families
- Persons on the move
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 40
- Paragraph text
- Article 6 of the Convention on the Rights of the Child highlights the States parties’ obligations to ensure the right of life, survival and development of the child, including the physical, mental, moral, spiritual and social dimensions of his or her development. At any point during the migratory process, a child’s right to life and survival may be at stake owing to, inter alia, violence as a result of organized crime, violence in camps, push-back or interception operations, excessive use of force of border authorities, refusal of vessels to rescue them, or extreme conditions of travel and limited access to basic services. Unaccompanied and separated children may face further vulnerabilities and can be more exposed to risks, such as gender-based, sexual and other forms of violence and trafficking for sexual or labour exploitation. Children travelling with their families often also witness and experience violence. While migration can provide opportunities to improve living conditions and escape from abuses, migration processes can pose risks, including physical harm, psychological trauma, marginalization, discrimination, xenophobia and sexual and economic exploitation, family separation, immigration raids and detention. At the same time, the obstacles children may face in gaining access to education, adequate housing, sufficient safe food and water or health services can negatively affect the physical, mental, spiritual, moral and social development of migrant children and children of migrants.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Gender
- Movement
- Violence
- Personnes concernées
- Children
- Families
- Persons on the move
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 56
- Paragraph text
- [States that have not yet done so are encouraged to ratify or accede to:] States parties are encouraged to review, modify and/or withdraw reservations made upon ratification or accession, with a view to ensuring that children in the context of international migration fully enjoy all of their rights under both Conventions.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Persons on the move
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 17b
- Paragraph text
- [More specifically, and in particular in the context of best interest assessments and within best interest determination procedures, children should be guaranteed the right to:] Be notified of the existence of a proceeding and of the decision adopted in the context of the immigration and asylum proceedings, its implications and possibilities for appeal;
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Persons on the move
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 1
- Paragraph text
- The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and the Convention on the Rights of the Child contain legally binding obligations that relate both in general and specifically to the protection of the human rights of children and migrants. Both Conventions contain several provisions that establish specific obligations related to the rights of children in the context of international migration in the countries of origin, transit, destination and return.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Families
- Persons on the move
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 17d
- Paragraph text
- [More specifically, and in particular in the context of best interest assessments and within best interest determination procedures, children should be guaranteed the right to:] Be heard and take part in all stages of the proceedings and be assisted without charge by a translator and/or interpreter;
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- Children
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 17i
- Paragraph text
- [More specifically, and in particular in the context of best interest assessments and within best interest determination procedures, children should be guaranteed the right to:] For unaccompanied and separated children, have appointed a competent guardian, as expeditiously as possible, who serves as a key procedural safeguard to ensure respect for their best interests;
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- Children
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 17c
- Paragraph text
- [More specifically, and in particular in the context of best interest assessments and within best interest determination procedures, children should be guaranteed the right to:] Have the immigration proceedings conducted by a specialized official or judge, and any interviews carried out in person by professionals trained in communicating with children;
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 48
- Paragraph text
- The Committees stress that a comprehensive interpretation of the Conventions should lead States parties to develop bilateral, regional and global cooperation in order to ensure the rights of all children in the context of international migration, taking into consideration the guidance developed in the present joint general comment.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Persons on the move
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 17h
- Paragraph text
- [More specifically, and in particular in the context of best interest assessments and within best interest determination procedures, children should be guaranteed the right to:] Appeal the decision to a higher court or independent authority, with suspensive effect;
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- Children
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
Migrant domestic workers 2011, para. 25
- Paragraph text
- Even if certain protections for migrant domestic workers are provided under national laws, there is often a gap between protections enjoyed by such workers in law and in practice. Some of the practical obstacles faced relate to the "hidden" nature of domestic work and factors preventing or deterring migrant domestic workers from claiming their rights.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2011
- Type de paragraphe
- Other
Paragraphe
Migrant domestic workers 2011, para. 5
- Paragraph text
- The terms "domestic work" or "domestic worker" have not yet been defined in any international instruments. However, drawing on common elements found in definitions set out in national legislation, the Committee notes that the term "domestic worker" generally refers to a person who performs work within an employment relationship in or for other people's private homes, whether or not residing in the household.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2011
- Type de paragraphe
- Other
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 36d
- 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:] Investigate complaints of torture and other forms of ill-treatment in places where migrant workers or members of their families are deprived of their liberty; and
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Personnes concernées
- Families
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Other
Paragraphe
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. 6a
- Paragraph text
- [The present joint general comment also builds on other United Nations resolutions and reports, various outputs of the United Nations human rights mechanisms and United Nations, intergovernmental and civil society initiatives relating to children in the context of international migration, including:] The statement by the Committee on Economic, Social and Cultural Rights on the duties of States towards refugees and migrants under the International Covenant on Economic, Social and Cultural Rights (E/C.12/2017/1), in which the Committee recalled in particular that “protection from discrimination cannot be made conditional upon an individual having a regular status in the host country”, and also recalled that “all children within a State, including those with an undocumented status, had a right to receive education and access to adequate food and affordable health care”;
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Health
- Movement
- Personnes concernées
- Children
- Persons on the move
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 23
- Paragraph text
- The Committees recommend that States parties adopt adequate measures to combat discrimination on any grounds and to protect children from multiple and intersecting forms of discrimination, throughout the migration process, including in and after returning to the country of origin, and/or as a result of their migration status. In order to achieve such a goal, States parties should strengthen efforts to combat xenophobia, racism and discrimination and take all appropriate measures to combat such attitudes and practices, and to collect and disseminate accurate, reliable and updated data and information in that regard. States should also promote the social inclusion and full integration of families affected by international migration into the host society and implement programmes for improving knowledge about migration and addressing any negative perceptions regarding migrants, with the aim of protecting children affected by international migration and their families from violence, discrimination, harassment and bullying, and fulfilling their access to rights enshrined in the Conventions and other conventions ratified by each State. In doing so, special attention should be paid to gender-specific and any other challenges and vulnerabilities that may intersect.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Movement
- Personnes concernées
- Children
- Families
- Persons on the move
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 4
- Paragraph text
- To make an informed estimate of age, States should undertake a comprehensive assessment of the child’s physical and psychological development, conducted by specialist paediatricians or other professionals who are skilled in combining different aspects of development. Such assessments should be carried out in a prompt, child-friendly, gender-sensitive and culturally appropriate manner, including interviews of children and, as appropriate, accompanying adults, in a language the child understands. Documents that are available should be considered genuine unless there is proof to the contrary, and statements by children and their parents or relatives must be considered. The benefit of the doubt should be given to the individual being assessed. States should refrain from using medical methods based on, inter alia, bone and dental exam analysis, which may be inaccurate, with wide margins of error, and can also be traumatic and lead to unnecessary legal processes. States should ensure that their determinations can be reviewed or appealed to a suitable independent body.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Health
- Personnes concernées
- Children
- Families
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 2
- Paragraph text
- The present joint general comment was adopted at the same time as 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 of children in the context of international migration. While that general comment and the present one are stand-alone documents in their own right, the two complement each other and should be read and implemented together. The drafting process included a series of global and regional consultations held between May and July 2017 with representatives of key stakeholders and experts, including children and migrant organizations, in Bangkok, Beirut, Berlin, Dakar, Geneva, Madrid and Mexico City. In addition, the Committees received more than 80 written contributions from States, United Nations agencies and entities, civil society organizations, national human rights institutions and other stakeholders from every region of the world between November 2015 and August 2017.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Families
- Persons on the move
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Families
- Persons on the move
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Personnes concernées
- Children
- Families
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Violence
- Personnes concernées
- Boys
- Children
- Girls
- LGBTQI+
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Education
- Equality & Inclusion
- Movement
- Personnes concernées
- Children
- Persons on the move
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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;
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Movement
- Personnes concernées
- Families
- Persons on the move
- Année
- 2011
- Type de paragraphe
- Other
Paragraphe
Migrant domestic workers 2011, para. 14
- Paragraph text
- The risk of abuse is heightened for child domestic workers, who make up a significant proportion of domestic workers. Their young age, isolation and separation from their families and peers, and near-total dependence on their employers exacerbate their vulnerability to violations of their rights under the Convention, including the basic right of access to education.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Education
- Movement
- Violence
- Personnes concernées
- Children
- Families
- Persons on the move
- Année
- 2011
- Type de paragraphe
- Other
Paragraphe
Migrant domestic workers 2011, para. 26b
- Paragraph text
- [A range of factors constitutive of domestic work itself, and even more so, of domestic work performed by migrants, hides abuses from view, and makes detection of protection needs difficult.]: Domestic work is commonly part of the informal labour market, where work and workers are unregistered;
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2011
- Type de paragraphe
- Other
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 65
- Paragraph text
- The right to organize and to engage in collective bargaining is essential for migrant workers to express their needs and defend their rights, in particular through trade unions. Article 26 of the Convention sets out the right of all migrant workers to join trade unions and other associations protecting their interests. Article 26 does not provide for protection of the right to form trade unions. This provision, however, read together with other international human rights instruments, may create broader obligations for States parties to both instruments. For example, article 2 of ILO Convention No. 87 (1948) concerning Freedom of Association and Protection of the Rights to Organise, and article 22, paragraph 1, of the International Covenant on Civil and Political Rights, both apply to migrant workers in an irregular situation. Article 26 also protects their right to participate in meetings and activities, and to seek the assistance, of trade unions and any other associations established in accordance with law. States parties shall ensure these rights, including the right to collective bargaining, encourage self-organization among migrant workers, irrespective of their migration status, and provide them with information about relevant associations that can provide assistance.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Movement
- Personnes concernées
- Families
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Other
Paragraphe
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. 32k
- Paragraph text
- [The Committees stress that States parties should:] Develop and put into practice, with regard to unaccompanied children and children with families, a best-interests determination procedure aimed at identifying and applying comprehensive, secure and sustainable solutions, including further integration and settlement in the country of current residence, repatriation to the country of origin or resettlement in a third country. Such solutions may include medium-term options and ensuring that there are possibilities for children and families to gain access to secure residence status in the best interests of the child. Best-interest determination procedures should be guided by child protection authorities within child protection systems. Possible solutions and plans should be discussed and developed together with the child, in a child-friendly and sensitive manner, in accordance with Committee on the Rights of the Child general comment No. 12 (2009) on the right of the child to be heard;
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Personnes concernées
- Children
- Families
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 16
- Paragraph text
- States parties should develop a systematic rights-based policy on the collection and public dissemination of qualitative and quantitative data on all children in the context of international migration in order to inform a comprehensive policy aimed at the protection of their rights. Such data should be disaggregated by nationality, migration status, gender, age, ethnicity, disability and all other relevant statuses to monitor intersectional discrimination. The Committees stress the importance of developing indicators to measure the implementation of the rights of all children in the context of international migration, including through a human rights-based approach to data collection and analysis on the causes of unsafe migration of children and/or families. Such information should be available for all stakeholders, including children, in full respect of privacy rights and data protection standards. Civil society organizations and other concerned actors should be able to participate in the process of collecting and evaluating data.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Families
- Persons on the move
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 28
- Paragraph text
- Recognizing that the best interests of the child — once assessed and determined — might conflict with other interests or rights (e.g. of other children, the public and parents) and that potential conflicts have to be resolved on a case-by-case basis, carefully balancing the interests of all parties and finding a suitable compromise, the Committee stresses in paragraph 39 of its general comment No. 14 that the right of the child to have his or her best interests taken as a primary consideration means that the child’s interests have high priority and are not just one of several considerations. Therefore, a larger weight must be attached to what serves the child best. It further states in paragraph 82 that the purpose of assessing and determining the best interests of the child is to ensure the full and effective enjoyment of the rights recognized in the Convention on the Rights of the Child, and the holistic development of the child.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- Children
- Families
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 35
- Paragraph text
- The Committee on the Rights of the Child, in its general comment No. 12, underlines that adequate measures to guarantee the right to be heard should be implemented in the context of international migration, as children who come to a country could be in a particularly vulnerable and disadvantaged situation. For that reason, it is critical to implement fully their right to express their views on all aspects affecting their lives, including as an integral part of immigration and asylum proceedings, and for their views to be given due weight. Children may have their own migration projects and migration-driving factors, and policies and decisions cannot be effective or appropriate without their participation. The Committee also emphasizes that these children should be provided with all relevant information, inter alia, on their rights, the services available, means of communication, complaints mechanisms, the immigration and asylum processes and their outcomes. Information should be provided in the child’s own language in a timely manner, in a child-sensitive and age-appropriate manner, in order to make their voice heard and to be given due weight in the proceedings.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Persons on the move
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 11
- Paragraph text
- Instead, States should adopt solutions that fulfil the best interests of the child, along with their rights to liberty and family life, through legislation, policy and practices that allow children to remain with their family members and/or guardians in non-custodial, community-based contexts while their immigration status is being resolved and the children’s best interests are assessed, as well as before return. When children are unaccompanied, they are entitled to special protection and assistance by the State in the form of alternative care and accommodation in accordance with the Guidelines for the Alternative Care of Children When children are accompanied, the need to keep the family together is not a valid reason to justify the deprivation of liberty of a child. When the child’s best interests require keeping the family together, the imperative requirement not to deprive the child of liberty extends to the child’s parents and requires the authorities to choose non-custodial solutions for the entire family.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Personnes concernées
- Children
- Families
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Movement
- Violence
- Personnes concernées
- Children
- Persons on the move
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Movement
- Personnes concernées
- Families
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Other
Paragraphe
Migrant domestic workers 2011, para. 22
- Paragraph text
- Under some countries' laws regarding work permit and security bond conditions, women migrants, including domestic workers, who get pregnant or who are found to be HIV positive lose their permit. It is not uncommon for women migrant workers to be subjected to mandatory health testing related to sexual and reproductive health without consent or counselling.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Health
- Movement
- Personnes concernées
- Persons on the move
- Women
- Année
- 2011
- Type de paragraphe
- Other
Paragraphe
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. 1
- Paragraph text
- The present joint general comment was adopted at the same time as 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 children in the context of international migration in countries of origin, transit, destination and return. While that general comment and the present one are stand-alone documents in their own right, the two complement each other and should be read and implemented together. The drafting process included a series of global and regional consultations held between May and July 2017 with representatives of key stakeholders and experts, including children and migrant organizations, in Bangkok, Beirut, Berlin, Dakar, Geneva, Madrid and Mexico City. In addition, the Committees received more than 80 written contributions from States, United Nations agencies and entities, civil society organizations, national human rights institutions and other stakeholders from every region of the world between November 2015 and August 2017.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Families
- Persons on the move
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 21
- Paragraph text
- The principle of non-discrimination is fundamental and, in all its facets, applies with respect to children in the context of international migration. All children involved in or affected by international migration are entitled to the enjoyment of their rights, regardless of the children’s or their parents’, legal guardians’ or family members’ age, gender, gender identity or sexual orientation, ethnic or national origin, disability, religion, economic status, migration/documentation status, statelessness, race, colour, marital or family status, health status or other social conditions, activities, expressed opinions, or beliefs. This principle is fully applicable to every child and his or her parents, regardless of the reason for moving, whether the child is accompanied or unaccompanied, on the move or otherwise settled, documented or undocumented or with any other status.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Movement
- Personnes concernées
- Children
- Families
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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
- 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.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Families
- Persons on the move
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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
- 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.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 9
- Paragraph text
- The present joint general comment addresses the human rights of all children in the context of international migration, whether they have migrated with their parents or primary caregivers, are unaccompanied or separated, have returned to their country of origin, were born to migrant parents in countries of transit or destination, or remained in their country of origin while one or both parents migrated to another country, and regardless of their or their parents’ migration or residence status (migration status). The non-discrimination principle of the Convention on the Rights of the Child obliges States parties to respect and ensure the rights set forth in the Convention to all children, whether they are considered, inter alia, migrants in regular or irregular situations, asylum seekers, refugees, stateless and/or victims of trafficking, including in situations of return or deportation to the country of origin, irrespective of the child’s or the parents’ or legal guardians’ nationality, migration status or statelessness.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Families
- Persons on the move
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 27
- Paragraph text
- Article 3 (1) of the Convention on the Rights of the Child places an obligation on both the public and the private spheres, courts of law, administrative authorities and legislative bodies to ensure that the best interests of the child are assessed and taken as a primary consideration in all actions affecting children. As the Committee on the Rights of the Child has stated in paragraph 6 of its general comment No. 14, the right of the child to have his or her best interests taken into account as a primary consideration is a substantive right, an interpretative legal principle and a rule of procedure, and it applies to children both as individuals and as a group. In that general comment, which has since been considered as the key guidance for States parties on this issue, the Committee also elaborates on the implementation of the principle of the best interests of the child.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- Children
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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. 33
- Paragraph text
- [The Committees stress that States parties should:] If determined that it is in the best interests of the child to be returned, an individual plan should be prepared, together with the child where possible, for his or her sustainable reintegration. The Committees stress that countries of origin, transit, destination and return should develop comprehensive frameworks with dedicated resources for the implementation of policies and comprehensive inter-institutional coordination mechanisms. Such frameworks should ensure, in cases of children returning to their countries of origin or third countries, their effective reintegration through a rights-based approach, including immediate protection measures and long-term solutions, in particular effective access to education, health, psychosocial support, family life, social inclusion, access to justice and protection from all forms of violence. In all such situations, a quality rights-based follow-up by all involved authorities, including independent monitoring and evaluation, should be ensured. The Committees highlight that return and reintegration measures should be sustainable from the perspective of the child’s right to life, survival and development.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Health
- Movement
- Social & Cultural Rights
- Personnes concernées
- Children
- Families
- Persons on the move
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe
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.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- Persons on the move
- Année
- 2011
- Type de paragraphe
- Other
Paragraphe
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.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2011
- Type de paragraphe
- Other
Paragraphe
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.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Persons on the move
- Année
- 2017
- Type de paragraphe
- Other
Paragraphe