Astuces de recherche
trié par
30 Listé sur un total de 554 Entités
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
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 23
- Paragraph text
- In the absence of safe and regular migration channels, as well as permanent and accessible mechanisms for children and their families to access long-term regular migration status or residence permits, children are forced to search for precarious alternatives that increase their exposure to risks of sale, trafficking and other forms of exploitation.
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- Special Procedures' report
- Thèmes
- Humanitarian
- Movement
- Personnes concernées
- Children
- Families
- 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
SRSG on violence against children: Annual report 2017, para. 56
- Paragraph text
- Secondly, international standards require the best interests of the child to be a primary consideration in all decisions affecting the child and at all times: upon arrival in a destination country, during relevant proceedings, or when the possibility of return is envisaged. It is crucial to ensure safe, dignified and child-sensitive age-assessment procedures, and in any case of doubt to provide the special protection every child is entitled to. The same principles should apply when the child's legal status is being established or when a request for family reunification is considered. The appointment of a legal guardian is essential to provide support and to defend the child's best interests at every point.
- Organe
- Special Representative of the Secretary-General on violence against children
- Type de document
- SRSG report
- Thèmes
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Personnes concernées
- Children
- Families
- 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. 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. 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
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. 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
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
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
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 73
- Paragraph text
- Lastly, global initiatives, such as the 2030 Agenda for Sustainable Development, call upon States to eradicate, inter alia, trafficking in and other forms of exploitation of children in its targets 5.3, 8.7 and 16.2. In addition, the New York Declaration for Refugees and Migrants (General Assembly resolution 71/1) commits States to protect the human rights of all refugee and migrant children, regardless of their status, in particular those of unaccompanied children or of children separated from their families. The ensuing development of the global compact for safe, orderly and regular migration and of that on refugees constitutes a potential additional landmark for the protection of children on the move from trafficking and other forms of exploitation.
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- Special Procedures' report
- 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. 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. 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
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
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. 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
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
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
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. 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
Study on illegal adoptions 2017, para. 28
- Paragraph text
- The abduction of babies (e.g. through kidnappings or by falsely informing parents that their baby was stillborn or died shortly after birth), the improper inducement of consent (e.g. through misrepresentation, bribery or coercion) and improper financial gain (e.g. through payment for the child or the payment of bribes to intermediaries involved in the adoption process) are among the most common methods used in the sale of children and illegal adoptions. Inherent to the methods is the falsification of documents (e.g. birth and medical certificates, the identification documents of the biological mother, DNA test results and relinquishment or abandonment declarations) and the bypassing of regulations.
- Organe
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Type de document
- Special Procedures' report
- Thèmes
- Movement
- Social & Cultural Rights
- Violence
- Personnes concernées
- Children
- Families
- Infants
- Année
- 2017
Paragraphe
Study on illegal adoptions 2017, para. 19
- Paragraph text
- In addition, in respect to intercountry adoptions, article 21 of the Convention on the Rights of the Child establishes the principle of subsidiarity and the prohibition of improper financial gain for those involved in the adoption process. It also establishes that the same level of safeguards and standards for domestic adoptions apply in the context of intercountry adoptions. Regarding the principle of subsidiarity, article 21 states that intercountry adoption may be considered as an alternative means of child's care, if the child cannot be placed in a foster or an adoptive family or cannot in any suitable manner be cared for in the child's country of origin.
- Organe
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Harmful Practices
- Movement
- Social & Cultural Rights
- Personnes concernées
- Children
- Families
- Année
- 2017
Paragraphe