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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 the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Families
- Persons on the move
- Année
- 2017
Paragraphe
Children in street situations 2017, para. 11a
- Paragraph text
- [According to the United Nations Children’s Fund (UNICEF), a child rights approach is one that:] Furthers the realization of child rights as established in the Convention and other international human rights instruments;
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- Children
- Année
- 2017
Paragraphe
Children in street situations 2017, para. 27
- Paragraph text
- Discrimination should be eliminated formally, by ensuring that a State’s constitution, laws and policies do not discriminate on the grounds of street situation, and substantively, by paying sufficient attention to children in street situations as a group who have suffered persistent prejudice and who require affirmative action. Temporary special measures necessary to accelerate or achieve de facto equality of children in street situations should not be considered discrimination. States should ensure: that children in street situations are equal under the law; that all discrimination on the basis of street situation is prohibited; that incitement to discriminate and harassment is addressed; that children in street situations and their families are not arbitrarily deprived of their property; and that curfews are legitimate, proportional and non-discriminatory. States should also sensitize professionals, the private sector and the public to the experiences and rights of children in street situations, with the aim of positively transforming attitudes. States should support creative artistic, cultural and/or sports programmes led by, or involving, children in street situations that help to address misconceptions and break down barriers with professionals, communities — including other children — and wider society through visible mutual dialogue and interaction. This may include street circus, theatre, music, art and sports matches. States should work with print, broadcast and social media to disseminate and amplify sensitization and de-stigmatization messages and stories on the basis of a child rights approach. Public fear of crime committed by children in street situations is often media-fuelled and disproportionate to reality. The media should be actively encouraged to use accurate data and evidence and conform to child protection standards to safeguard children’s dignity, physical security and psychological integrity.
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Social & Cultural Rights
- Personnes concernées
- Children
- Année
- 2017
Paragraphe
Children in street situations 2017, para. 47
- Paragraph text
- It is important to establish, maintain and monitor the quality of State and non-State services to prevent children from ending up in street situations as a result of failing to have their care and protection rights fulfilled, and for the benefit of children already in street situations. States should provide quality, rights-respecting services and support civil society organizations to do the same. Non-State institutions, services and facilities for children in street situations should be supported, resourced, accredited, regulated and monitored by the State. Personnel involved in such services should be trained in accordance with paragraph 18.
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- Children
- Families
- Année
- 2017
Paragraphe
Children in street situations 2017, para. 52
- Paragraph text
- Children with disabilities end up in street situations for various reasons, including economic and social factors, and are sometimes exploited for begging. States should take all actions necessary to prevent and to explicitly criminalize such exploitation and to bring perpetrators to justice. Children in street situations may be at risk of developing disabilities owing to the negative impact of aspects of street life, such as violence, exploitation and substance abuse. Intellectual and psychosocial disabilities can render children in street situations particularly vulnerable to exploitation and abuse. States should adopt special protection measures, including identifying and removing barriers that prevent children with disabilities from gaining access to services, including inclusive education.
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Violence
- Personnes concernées
- Children
- Persons with disabilities
- Année
- 2017
Paragraphe
Children in street situations 2017, para. 12
- Paragraph text
- The Committee considers that strategies and initiatives that adopt a child rights approach fulfil the main criteria for good practice, regardless of level or context. Children in street situations are often distrustful of adult intervention in their lives. Their abusive treatment by adults in society has led them to be unwilling to relinquish their hard-won, albeit limited, autonomy. This approach emphasizes full respect for their autonomy, including supporting them to find alternatives to depending on the streets. It promotes their resilience and capabilities, increasing their agency in decision-making and empowering them as socioeconomic, political and cultural actors. It builds on their existing strengths and the positive contributions they make to their own survival and development and that of their peers, families and communities. Applying this approach is not only a moral and legal imperative but also the most sustainable approach for identifying and implementing long-term solutions with children in street situations.
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- Children
- Families
- Année
- 2017
Paragraphe
Children in street situations 2017, para. 61
- Paragraph text
- The Optional Protocol to the Convention on the involvement of children in armed conflict is relevant as children in street situations are vulnerable to recruitment into armed forces or armed groups. Conflicts may lead to children ending up in street situations through the disruption of social networks, family separation, displacement from communities or rejection of demobilized child combatants from communities. In relation to prevention, child rights education, including peace education, and anti-recruitment initiatives need to reach children in street situations. Interventions to minimize the impact of armed conflict need to mitigate proactively the separation of children from families, and family tracing programmes should be prioritized. Disarmament, demobilization and reintegration programmes for children should take into account the dynamics of street-connectedness as a cause and a consequence of children’s involvement in armed conflict.
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Humanitarian
- Violence
- Personnes concernées
- Children
- Families
- Année
- 2017
Paragraphe
Children in street situations 2017, para. 49
- Paragraph text
- In accordance with article 27 (3), States should ensure that all children have a standard of living adequate for their physical, mental, spiritual and moral development, to prevent them ending up in street situations and to fulfil the rights of children already in street situations. States 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. Those prescriptions leave no leeway for the discretion of States. The implementation of the above in accordance with national conditions and within the means of States parties should be interpreted in conjunction with article 4, that is, to the maximum extent of States parties’ available resources and, where needed, within the framework of international cooperation, with particular regard to the obligations of States to fulfil the minimum core obligation for social, economic and cultural rights. In terms of material assistance, children in street situations prioritize the need for a safe place to live, food and free and accessible medical care and education, through State support to parents and caregivers, particularly in relation to subsidized, adequate housing and income generation. The interpretation of article 27 (3) is not limited to measures to assist parents and others responsible for the child. The obligation to provide material assistance and support programmes in case of need should be interpreted as also meaning assistance provided directly to children. This is particularly relevant for children in street situations with non-existent or abusive family connections. Direct material assistance to children in the form of services may be provided either by the State or via State support to civil society organizations. For single-parent and reconstructed families, States’ measures to secure maintenance for the child are particularly important (see article 27 (4)).
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Social & Cultural Rights
- Personnes concernées
- Children
- Families
- Année
- 2017
Paragraphe
Children in street situations 2017, para. 60
- Paragraph text
- Children in street situations are more likely to be targeted, criminalized and end up in the juvenile or adult justice system and less likely to benefit from diversion, alternatives to detention or restorative practices as they are unable to afford bail and may have no responsible adults to vouch for them. Police misconduct, such as harassment (including stealing children’s money and possessions, rounding them up or arbitrarily moving children on, often on the orders of their superiors and/or politicians), corruption, extortion (for money or sex) and physical, psychological or sexual violence are common rights violations that States should criminalize as a matter of urgency. The Committee is concerned about the application of “zero tolerance” policies criminalizing children in street situations and resulting in forced institutionalization. States should support community policing, with an emphasis on protection rather than punishment of children in street situations, and adopt a multicultural police service. States should guarantee all rights to all children, including those in street situations, in the context of a restorative rather than punitive juvenile justice system.
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Social & Cultural Rights
- Violence
- Personnes concernées
- Children
- Année
- 2017
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 the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Persons on the move
- Année
- 2017
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 the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Families
- Persons on the move
- Année
- 2017
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 the Rights of the Child
- 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
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 the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Movement
- Personnes concernées
- Children
- Persons on the move
- Persons with disabilities
- Année
- 2017
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 the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Movement
- Personnes concernées
- Children
- Année
- 2017
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 the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Families
- Persons on the move
- Année
- 2017
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 the Rights of the Child
- 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
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 the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Families
- Persons on the move
- Année
- 2017
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 the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Persons on the move
- Année
- 2017
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 the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Persons on the move
- Année
- 2017
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 the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Families
- Persons on the move
- Année
- 2017
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 the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Families
- Persons on the move
- Année
- 2017
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 the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Families
- Persons on the move
- Année
- 2017
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 the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Humanitarian
- Personnes concernées
- Children
- Année
- 2017
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 the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Personnes concernées
- Children
- Families
- Année
- 2017
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 the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Année
- 2017
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 the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- Children
- Année
- 2017
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 the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Persons on the move
- Année
- 2017
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 the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Families
- Persons on the move
- Année
- 2017
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 the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Persons on the move
- Année
- 2017
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 the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Movement
- Violence
- Personnes concernées
- Children
- Families
- Persons on the move
- Année
- 2017
Paragraphe