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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 Migrant Workers
- 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. 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
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 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
Working methods, thematic priorities and vision for a meaningful anti-torture advocacy 2017, para. 36
- Paragraph text
- Of particular interest to the Special Rapporteur's mandate will be the use by many, if not all, Governments of detention as a migration management tool in arrival, transit and removal centres. During his fact-finding visits, the Special Rapporteur intends to visit places where irregular migrants are held with a view to ensuring that they are not subjected to treatment and conditions of detention amounting to torture or other cruel, inhuman or degrading treatment or punishment. The Special Rapporteur is of the view that monitoring both official and de facto places of detention where irregular migrants are held would be instrumental for assisting authorities in addressing possible cases of abuse and improving the conditions of life of this population.
- Organe
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2017
Paragraphe
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 27
- Paragraph text
- Although the economic incentives to migrate are diverse and, for many, very strong, they are constantly evaluated and scrutinized by potential migrants. It is true that most migrants try to go to countries where there are jobs and where they can start integrating into society and creating a future for themselves and their families. It is equally true that prime destination countries have jobs available for migrants in the official or underground labour markets. Migrants respond to the demand for labour, and, under normal circumstances, when demand declines in a particular area, so does migration to it.
- Organe
- Special Rapporteur on the human rights of migrants
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Movement
- Personnes concernées
- Families
- Persons on the move
- Année
- 2017
Paragraphe
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 43 (Goal 4.)
- Paragraph text
- [The Special Rapporteur proposes the following goals:] Goal 4. End the use of detention as a border management and deterrence tool against migrants
- Organe
- Special Rapporteur on the human rights of migrants
- Type de document
- Special Procedures' report
- Thèmes
- Environment
- Governance & Rule of Law
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2017
Paragraphe
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 25
- Paragraph text
- Migrants are drivers and enablers of development, contributing to economic growth wherever they go. Studies show that immigration has a minimal impact on unemployment among residents in host countries and a positive overall impact on employment generation and investment. Increasing evidence suggests that migrants contribute more in direct and indirect taxes than they consume in government benefits. In 2015, migrants sent approximately $601 billion in remittances, some $441 billion of which developing countries are estimated to have received, nearly three times the amount of official development assistance.
- Organe
- Special Rapporteur on the human rights of migrants
- Type de document
- Special Procedures' report
- Thèmes
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2017
Paragraphe
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 29
- Paragraph text
- Rather than addressing the reasons behind migration, States often respond to increased migration movements by creating and progressively increasing barriers to mobility, with a focus on securitization, repression and deterrence policies. Their central objective has been to secure their borders by building fences, using violence to stop undocumented population movements across land and sea borders, using long-term detention as a deterrence tool and carrying out collective expulsions to countries of origin and transit, all of which are too often conducted without sufficient assessment of individual protection needs and adequate oversight. Moreover, States have moved their border management activities beyond their territorial borders, extending them to the high seas and third countries.
- Organe
- Special Rapporteur on the human rights of migrants
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2017
Paragraphe
Roadmap for the next three years: thematic priorities of the new mandate-holder 2017, para. 33
- Paragraph text
- At the same time, the Special Rapporteur points out that the primary responsibility for protecting populations of internally displaced persons within national State boundaries remains with the respective States. While on the one hand, a good number of these internally displaced persons may be able to cross borders, as pointed out above, a good number remain in the territory of their respective States. The Special Rapporteur is of the strong view that political will and resources must be ensured for protection of the human rights of internally displaced persons, whether or not they would potentially cross international borders.
- Organe
- Special Rapporteur on the human rights of internally displaced persons
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2017
Paragraphe
Roadmap for the next three years: thematic priorities of the new mandate-holder 2017, para. 40
- Paragraph text
- The Special Rapporteur will continue essential work to promote the development and implementation of legal and policy frameworks that are key to addressing internal displacement at all levels. While her predecessors played a leadership role in developing key international, regional and national frameworks, including the Guiding Principles on Internal Displacement and the IASC Framework on Durable Solutions for Internally Displaced Persons, the Special Rapporteur will prioritize implementation and operationalization of these standards, in close collaboration with national governments, regional mechanisms and other relevant stakeholders. She will advocate for standards to be translated into domestic law and policy and will assist States and other organizations through direct engagement, recommendations, awareness-raising and mobilization of support. In line with this, the mandate holder will continue to co-chair, with UNHCR, the Global Protection Cluster’s task team on law and policy.
- Organe
- Special Rapporteur on the human rights of internally displaced persons
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Humanitarian
- Personnes concernées
- Persons on the move
- Année
- 2017
Paragraphe
Roadmap for the next three years: thematic priorities of the new mandate-holder 2017, para. 47
- Paragraph text
- In line with her strategic priorities, the Special Rapporteur will dedicate her next thematic reports to the following thematic issues: (a) strengthening the participation of internally displaced persons in responses to internal displacement; (b) ensuring the inclusion of internally displaced persons in transitional justice mechanisms and peace processes as part of durable solutions; (c) improving the protection of internally displaced children; (d) enhancing the role of national human rights institutions and other relevant human rights actors in the protection of internally displaced persons; and (e) addressing neglected drivers of displacement, including development projects and generalized violence. In conducting her thematic work she will consult widely, in order to identify particular issues where her mandate can make the most effective contributions while avoiding duplication of the work of other institutions.
- Organe
- Special Rapporteur on the human rights of internally displaced persons
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Humanitarian
- Movement
- Personnes concernées
- Children
- Persons on the move
- Année
- 2017
Paragraphe
Roadmap for the next three years: thematic priorities of the new mandate-holder 2017, para. 49
- Paragraph text
- Interaction with internally displaced persons commonly reveals: a lack of information provided to them at all phases of displacement; infrequent engagement by the authorities responsible; an absence of or inadequate mechanisms and processes for consultation and participation; and decision-making processes that fail to take their views, needs and objectives fully into account. Ensuring that internally displaced persons are included from the outset, in the design, planning and implementation of all actions and measures directed towards them, must be at the heart of responses by national governments and by all humanitarian, development and other relevant actors. Participation empowers internally displaced communities, informs them of their rights and is instrumental in the process of community resilience-building and recovery, where it is effective and results-oriented. Moreover, meaningful participation returns essential dignity to communities devastated by displacement, allowing them to be agents in their own recovery rather than only beneficiaries of assistance.
- Organe
- Special Rapporteur on the human rights of internally displaced persons
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Humanitarian
- Personnes concernées
- Persons on the move
- Année
- 2017
Paragraphe
Roadmap for the next three years: thematic priorities of the new mandate-holder 2017, para. 68
- Paragraph text
- While relevant guidelines, including the 2007 basic principles and guidelines on development-based evictions and displacement, provide guidance in addressing the human rights implications of development-linked displacement, further understanding of these issues is required in order to ensure that those at risk of internal displacement and those who are displaced by development are protected in conformity with all relevant international laws and standards. The Special Rapporteur will devote a thematic report to this issue and will elaborate a set of recommendations, as well as promoting the implementation of positive practices and processes that should be applied to development projects.
- Organe
- Special Rapporteur on the human rights of internally displaced persons
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2017
Paragraphe
Roadmap for the next three years: thematic priorities of the new mandate-holder 2017, para. 45
- Paragraph text
- The Special Rapporteur is alarmed by the inadequate levels of funding available for the essential work of humanitarian and development partners and civil society, especially those on the ground. She applauds the international donor community for its essential funding of humanitarian and development responses globally. She urges donors to maintain and expand essential funding, while incorporating the provisions of the Grand Bargain on humanitarian financing, including flexibility of funding to facilitate new approaches to humanitarian crises, and new ways of working to provide greater attention to durable solutions to internal displacement. A shortfall of funding by some national governments to adequately address their internal displacement situations, as well as mismanagement of funds, poor governance and lack of accountability, have, in some cases, created overreliance on the international community, which is unsustainable in the long term.
- Organe
- Special Rapporteur on the human rights of internally displaced persons
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Humanitarian
- Personnes concernées
- Persons on the move
- Année
- 2017
Paragraphe
Roadmap for the next three years: thematic priorities of the new mandate-holder 2017, para. 50
- Paragraph text
- Lack of information, of consultation and of meaningful participation, or tokenistic participation, means that recovery efforts are more likely to fail and may not meet the needs or expectations of the internally displaced communities affected. It can result in deeper and more persistent levels of poverty, as internally displaced persons face the challenges of re-establishing normal lives and appropriate livelihoods under conditions that they were not fully involved in shaping. The challenges to ensuring the meaningful participation of internally displaced persons are significant and must be acknowledged to have hampered efforts in some situations. Cultural, social, historical and political factors must all be taken into account when shaping participation programmes. The challenge remains to ensure that inclusive participation of internally displaced persons is systematically applied and effectively managed in all displacement situations.
- Organe
- Special Rapporteur on the human rights of internally displaced persons
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Humanitarian
- Movement
- Poverty
- Personnes concernées
- Persons on the move
- Année
- 2017
Paragraphe
Roadmap for the next three years: thematic priorities of the new mandate-holder 2017, para. 66
- Paragraph text
- Other factors also require greater attention, including the role of discrimination on ethnic or religious grounds as a cause of displacement and a factor affecting the responses provided to some internally displaced persons. In this regard, the Special Rapporteur participated as an expert panellist in the ninth Forum on Minority Issues, the theme for which was minorities in situations of humanitarian crises, held in Geneva on 24 and 25 November 2016. She emphasized that ethnic or religious identity could be a factor increasing the vulnerability of some communities to displacement, and she contributed to a series of recommendations.
- Organe
- Special Rapporteur on the human rights of internally displaced persons
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Humanitarian
- Movement
- Personnes concernées
- Ethnic minorities
- Persons on the move
- Année
- 2017
Paragraphe
Roadmap for the next three years: thematic priorities of the new mandate-holder 2017, para. 62
- Paragraph text
- The Special Rapporteur will gather positive practices, guidelines and case studies, and will dedicate a section of her website to these issues in order to share relevant information from a wide range of sources. She will seek collaboration with relevant parts of the United Nations system, and with other international organizations and NGOs as well as national human rights institutions. On the basis of the information received, she will communicate to States issues of concern relating to displaced children and will seek a constructive dialogue with States that is aimed at finding rapid and effective solutions to situations of concern involving displaced children.
- Organe
- Special Rapporteur on the human rights of internally displaced persons
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Persons on the move
- Année
- 2017
Paragraphe
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 74
- Paragraph text
- States must increase the harmonization and coordination of the collection and analysis of migration data sources in order to develop a systemic picture. They must provide for inclusive processes that allow for a robust public debate, including through national consultations, and that promote a better understanding of the needs of migrants in terms of human and labour rights protection. This will allow States to develop more targeted programmes and more suitable mobility options and to measure effective progress for migrants, especially those who are socially marginalized, economically excluded and politically invisible. Such processes and data collection will constitute an important contribution to the 2030 Agenda for Sustainable Development.
- Organe
- Special Rapporteur on the human rights of migrants
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2017
Paragraphe
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 83
- Paragraph text
- The Special Rapporteur considers the global compact for safe, orderly and regular migration, which is to be presented for adoption in 2018, as the beginning of a long-term, 15-year agenda, complementary to the 2030 Agenda for Sustainable Development and aimed primarily at implementing targets 10.7 and 8.8 of the Sustainable Development Goals. The objective is to provide States with short-, medium- and long-term achievable goals and targets aimed at facilitating migration and mobility and protecting the human and labour rights of migrants, as requested in the 2030 Agenda.
- Organe
- Special Rapporteur on the human rights of migrants
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2017
Paragraphe
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 53
- Paragraph text
- It was noted that, while social audits had contributed positively to establishing a baseline understanding of human rights and labour conditions in the workplace, other forms of engagement, including training and capacity-building for compliance staff and the development and dissemination of targeted guidance on human trafficking, were equally important. Other types of assessments were also highlighted, including self-assessments carried out by suppliers to evaluate their own compliance with standards and assessments of labour supply chains to review conditions of recruitment and migration, where those conditions pose risks of, inter alia, debt bondage and forced labour for migrant workers.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2017
Paragraphe
Report of the Working Group of Experts on People of African Descent on its nineteenth and twentieth sessions 2017, para. 70
- Paragraph text
- States should make a genuine commitment to the standard of leaving no one behind by collecting disaggregated data. To monitor the implementation of the Sustainable Development Goals, it will be important to improve the availability of, and access to, data and statistics disaggregated by income, gender, age, race, ethnicity, migratory status, disability, geographic location and other characteristics relevant in national contexts to support the monitoring of the implementation of the Goals. The goal indicators should include the use of data from the existing mechanisms for monitoring compliance with human rights standards, especially the universal periodic review mechanism of the Human Rights Council and reviews of compliance with the International Convention on the Elimination of All Forms of Racial Discrimination.
- Organe
- Working Group of experts on people of African descent
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Movement
- Personnes concernées
- 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. 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. 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
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. 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
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
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