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Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 48
- Document type
- Special Procedures' report
- Paragraph text
- Responses to current humanitarian crises are increasingly dependent on voluntary work and, as a result, frontline workers are not always appropriately trained or able to detect such complex situations as trafficking in persons or other forms of child exploitation. A lack of confidentiality or child-friendly spaces and complaint mechanisms in places where migrants or refugees reside, including reception centres, refugee camps and informal settlements, also hampers the establishment of a bond of trust with the children that would enable them to share their concerns and the risks that they face. In addition, children’s lack of confidence in the protection system and the assistance available to them drives them to hide their exploitation from humanitarian workers. Finally, children’s experience of abuse and exploitation as well as their own statements regarding their age are met with disbelief by public services, undermining the identification process further.
- Body
- Treaty bodies: CEDAW - Committee on the Elimination of Discrimination against Women
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Movement
- Violence
- Person(s) affected
- Children
- Persons on the move
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
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
- Document type
- General Comment / Recommendation
- 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.
- Body
- Treaty bodies: CRC - Committee on the Rights of the Child
- Topic(s)
- Civil & Political Rights
- Movement
- Person(s) affected
- Children
- Families
- Infants
- Persons on the move
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Joint general comment No. 3 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 22 (2017) of the Committee on the Rights of the Child on the general principles regarding the human rights ... 2017, para. 14
- Document type
- General Comment / Recommendation
- Paragraph text
- The Committees encourage States parties to ensure that the authorities responsible for children’s rights have a leading role, with clear decision-making power, on policies, practices and decisions that affect the rights of children in the context of international migration. Comprehensive child protection systems at the national and local levels should mainstream into their programmes the situation of all children in the context of international migration, including in countries of origin, transit, destination and return. In addition to the mandates of child protection bodies, authorities responsible for migration and other related policies that affect children’s rights should also systematically assess and address the impacts on and needs of children in the context of international migration at every stage of policymaking and implementation.
- Body
- Treaty bodies: CMW - Committee on Migrant Workers
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Children in street situations 2017, para. 4
- Document type
- General Comment / Recommendation
- Paragraph text
- In the past, the terms used to describe children in street situations have included “street children”, “children on the street”, “children of the street”, “runaway children”, “throwaway children”, “children living and/or working on the street”, “homeless children” and “street-connected children”. In the present general comment, the term “children in street situations” is used to comprise: (a) children who depend on the streets to live and/or work, whether alone, with peers or with family; and (b) a wider population of children who have formed strong connections with public spaces and for whom the street plays a vital role in their everyday lives and identities. This wider population includes children who periodically, but not always, live and/or work on the streets and children who do not live or work on the streets but who regularly accompany their peers, siblings or family in the streets. Concerning children in street situations, “being in public spaces” is understood to include spending a significant amount of time on streets or in street markets, public parks, public community spaces, squares and bus and train stations. It does not include public buildings such as schools, hospitals or other comparable institutions.
- Body
- Treaty bodies: CRC - Committee on the Rights of the Child
- Topic(s)
- Social & Cultural Rights
- Violence
- Person(s) affected
- Children
- Families
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
The implementation of the rights of the child during adolescence 2016, para. 76
- Document type
- General Comment / Recommendation
- Paragraph text
- Growing numbers of adolescent girls and boys migrate, either within or outside their country of origin, in search of improved standards of living, education or family reunification. For many, migration offers significant social and economic opportunities. However, it also poses risks, including physical harm, psychological trauma, marginalization, discrimination, xenophobia and sexual and economic exploitation and, when crossing borders, immigration raids and detention. Many adolescent migrants are denied access to education, housing, health, recreation, participation, protection and social security. Even where rights to services are protected by laws and policies, adolescents may face administrative and other obstacles in gaining access to such services, including: demands for identity documents or social security numbers; harmful and inaccurate age-determination procedures; financial and linguistic barriers; and the risk that gaining access to services will result in detention or deportation. The Committee refers States parties to its comprehensive recommendations elaborated in respect of migrant children.
- Body
- Treaty bodies: CRC - Committee on the Rights of the Child
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Adolescents
- Boys
- Children
- Girls
- Persons on the move
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right of the child to freedom from all forms of violence 2011, para. 6
- Document type
- General Comment / Recommendation
- Paragraph text
- Evolution of general comment No. 13. The present general comment builds on the existing guidance provided by the Committee in its review of States parties' reports and the respective concluding observations, the recommendations of two days of general discussion on violence against children, held in 2000 and 2001, general comment No. 8 (2006) on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment, and references in other general comments to the topic of violence. The present general comment draws attention to the recommendations of the 2006 report of the independent expert for the United Nations study on violence against children (A/61/299) and calls on States parties to implement those recommendations without delay. It calls attention to the detailed guidance available in the Guidelines for the Alternative Care of Children. It also draws on the expertise and experience of United Nations agencies, Governments, non-governmental organizations (NGOs), community organizations, development agencies, and children themselves in seeking to implement article 19 in practice.
- Body
- Treaty bodies: CRC - Committee on the Rights of the Child
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The implementation of the rights of the child during adolescence 2016, para. 21
- Document type
- General Comment / Recommendation
- Paragraph text
- The Committee has identified multiple forms of discrimination, many of which have particular implications in adolescence and necessitate an intersectional analysis and targeted holistic measures. Adolescence itself can be a source of discrimination. During this period, adolescents may be treated as dangerous or hostile, incarcerated, exploited or exposed to violence as a direct consequence of their status. Paradoxically, they are also often treated as incompetent and incapable of making decisions about their lives. The Committee urges States to ensure that all of the rights of every adolescent boy and girl are afforded equal respect and protection and that comprehensive and appropriate affirmative action measures are introduced in order to diminish or eliminate conditions that result in direct or indirect discrimination against any group of adolescents on any grounds. States are reminded that not every differentiation of treatment will constitute discrimination, if the criteria for such differentiation are reasonable and objective and if the aim is to achieve a purpose that is legitimate under the Convention.
- Body
- Treaty bodies: CRC - Committee on the Rights of the Child
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Adolescents
- Boys
- Children
- Girls
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right of the child to be heard 2009, para. 27
- Document type
- General Comment / Recommendation
- Paragraph text
- The Open-ended Working Group established by the Commission on Human Rights, which drafted the text of the Convention, rejected a proposal to define these matters by a list limiting the consideration of a child's or children's views. Instead, it was decided that the right of the child to be heard should refer to "all matters affecting the child". The Committee is concerned that children are often denied the right to be heard, even though it is obvious that the matter under consideration is affecting them and they are capable of expressing their own views with regard to this matter. While the Committee supports a broad definition of "matters", which also covers issues not explicitly mentioned in the Convention, it recognizes the clause "affecting the child", which was added in order to clarify that no general political mandate was intended. The practice, however, including the World Summit for Children, demonstrates that a wide interpretation of matters affecting the child and children helps to include children in the social processes of their community and society. Thus, States parties should carefully listen to children's views wherever their perspective can enhance the quality of solutions.
- Body
- Treaty bodies: CRC - Committee on the Rights of the Child
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2009
- Date added
- Aug 19, 2019
Paragraph
Public budgeting for the realization of children’s rights (art. 4) 2016, para. 47
- Document type
- General Comment / Recommendation
- Paragraph text
- States parties should conduct child rights impact assessments in order to ascertain the effect of legislation, policies and programmes on all children at the national and subnational levels, especially children in vulnerable situations who may have special needs and therefore require a disproportionate share of spending in order to have their rights realized. Child rights impact assessments should be part of each stage of the budget process and should complement other monitoring and evaluation efforts. While States parties will apply different methodologies and practices when undertaking child rights impact assessments, they should use the Convention and its Optional Protocols, as well as relevant concluding observations and general comments issued by the Committee, in developing their frameworks. The child rights impact assessments should be informed by stakeholders, such as children, civil society organizations, experts, State government structures and academic institutions. The analysis should result in recommendations for amendments, alternatives and improvements and should be publicly available.
- Body
- Treaty bodies: CRC - Committee on the Rights of the Child
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The rights of children with disabilities 2007, para. 66
- Document type
- General Comment / Recommendation
- Paragraph text
- Inclusive education should be the goal of educating children with disabilities. The manner and form of inclusion must be dictated by the individual educational needs of the child, since the education of some children with disabilities requires a kind of support which may not be readily available in the regular school system. The Committee notes the explicit commitment towards the goal of inclusive education contained in the draft convention on the rights of persons with disabilities and the obligation for States to ensure that persons including children with disabilities are not excluded from the general education system on the basis of disability and that they receive the support required, within the general education system, to facilitate their effective education. It encourages States parties which have not yet begun a programme towards inclusion to introduce the necessary measures to achieve this goal. However, the Committee underlines that the extent of inclusion within the general education system may vary. A continuum of services and programme options must be maintained in circumstances where fully inclusive education is not feasible to achieve in the immediate future.
- Body
- Treaty bodies: CRC - Committee on the Rights of the Child
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2007
- Date added
- Aug 19, 2019
Paragraph
Children’s rights in juvenile justice 2007, para. 18
- Document type
- General Comment / Recommendation
- Paragraph text
- The Committee fully supports the Riyadh Guidelines and agrees that emphasis should be placed on prevention policies that facilitate the successful socialization and integration of all children, in particular through the family, the community, peer groups, schools, vocational training and the world of work, as well as through voluntary organizations. This means, inter alia that prevention programmes should focus on support for particularly vulnerable families, the involvement of schools in teaching basic values (including information about the rights and responsibilities of children and parents under the law), and extending special care and attention to young persons at risk. In this regard, particular attention should also be given to children who drop out of school or otherwise do not complete their education. The use of peer group support and a strong involvement of parents are recommended. The States parties should also develop community-based services and programmes that respond to the special needs, problems, concerns and interests of children, in particular of children repeatedly in conflict with the law, and that provide appropriate counselling and guidance to their families.
- Body
- Treaty bodies: CRC - Committee on the Rights of the Child
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Children
- Families
- Year
- 2007
- Date added
- Aug 19, 2019
Paragraph
The right of the child to the enjoyment of the highest attainable standard of health 2013, para. 44
- Document type
- General Comment / Recommendation
- Paragraph text
- Exclusive breastfeeding for infants up to 6 months of age should be protected and promoted and breastfeeding should continue alongside appropriate complementary foods preferably until two years of age, where feasible. States' obligations in this area are defined in the "protect, promote and support" framework, adopted unanimously by the World Health Assembly. States are required to introduce into domestic law, implement and enforce internationally agreed standards concerning children's right to health, including the International Code on Marketing of Breast-milk Substitutes and the relevant subsequent World Health Assembly resolutions, as well as the World Health Organization Framework Convention on Tobacco Control. Special measures should be taken to promote community and workplace support for mothers in relation to pregnancy and breastfeeding and feasible and affordable childcare services; and compliance with the International Labour Organization Convention No. 183 (2000) concerning the revision of the Maternity Protection Convention (Revised), 1952.
- Body
- Treaty bodies: CRC - Committee on the Rights of the Child
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Children
- Infants
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
HIV/AIDS and the rights of the children 2003, para. 28
- Document type
- General Comment / Recommendation
- Paragraph text
- The obligations of States parties under the Convention extend to ensuring that children have sustained and equal access to comprehensive treatment and care, including necessary HIV related drugs, goods and services on a basis of non-discrimination. It is now widely recognized that comprehensive treatment and care includes anti-retroviral and other drugs, diagnostics and related technologies for the care of HIV/AIDS, related opportunistic infections and other conditions, good nutrition, and social, spiritual and psychological support, as well as family, community and home-based care. In this regard, States parties should negotiate with the pharmaceutical industry in order to make the necessary medicines locally available at the lowest costs possible. Furthermore, States parties are requested to affirm, support and facilitate the involvement of communities in the provision of comprehensive HIV/AIDS treatment, care and support, while at the same time complying with their own obligations under the Convention. States parties are called upon to pay special attention to addressing those factors within their societies that hinder equal access to treatment, care and support for all children.
- Body
- Treaty bodies: CRC - Committee on the Rights of the Child
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Children
- Families
- Year
- 2003
- Date added
- Aug 19, 2019
Paragraph
State obligations regarding the impact of the business sector on children’s rights 2013, para. 28
- Document type
- General Comment / Recommendation
- Paragraph text
- States have an obligation to protect against infringements of rights guaranteed under the Convention and the Optional Protocols thereto by third parties. This duty is of primary importance when considering States' obligations with regards to the business sector. It means that States must take all necessary, appropriate and reasonable measures to prevent business enterprises from causing or contributing to abuses of children's rights. Such measures can encompass the passing of law and regulation, their monitoring and enforcement, and policy adoption that frame how business enterprises can impact on children's rights. States must investigate, adjudicate and redress violations of children's rights caused or contributed to by a business enterprise. A State is therefore responsible for infringements of children's rights caused or contributed to by business enterprises where it has failed to undertake necessary, appropriate and reasonable measures to prevent and remedy such infringements or otherwise collaborated with or tolerated the infringements.
- Body
- Treaty bodies: CRC - Committee on the Rights of the Child
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to inclusive education 2016, para. 49
- Document type
- General Comment / Recommendation
- Paragraph text
- Persons with disabilities, particularly women and girls, can be disproportionately affected by violence and abuse, including physical and humiliating punishments by educational personnel, for example, the use of restraints and seclusion, and bullying by others in and on route to school. Article 16 requires that States parties take all appropriate measures to protect from and prevent all forms of violence and abuse towards persons with disabilities, including sexual violence. Such measures must be age, gender and disability sensitive. The Committee strongly endorses the recommendations of the CRC, the Human Rights Committee and CESCR that States parties must prohibit all forms of corporal punishment, and cruel, inhuman and degrading treatment in all settings, including schools, and ensure effective sanctions against perpetrators. It encourages schools and other educational centers to involve students, including students with disabilities, in the development of policies, including accessible protection mechanisms, to address disciplinary measures and bullying, including cyberbullying, which is increasingly recognized as a growing feature of the lives of students, particularly children.
- Body
- Treaty bodies: CRPD - Committee on the Rights of Persons with Disabilities
- Topic(s)
- Education
- Equality & Inclusion
- Violence
- Person(s) affected
- Children
- Girls
- Persons with disabilities
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Adolescent health and development in the context of the Convention of the Rights of the Child 2003, para. 20
- Document type
- General Comment / Recommendation
- Paragraph text
- The Committee is concerned that early marriage and pregnancy are significant factors in health problems related to sexual and reproductive health, including HIV/AIDS. Both the legal minimum age and actual age of marriage, particularly for girls, are still very low in several States parties. There are also non-health-related concerns: children who marry, especially girls, are often obliged to leave the education system and are marginalized from social activities. Further, in some States parties married children are legally considered adults, even if they are under 18, depriving them of all the special protection measures they are entitled under the Convention. The Committee strongly recommends that States parties review and, where necessary, reform their legislation and practice to increase the minimum age for marriage with and without parental consent to 18 years, for both girls and boys. The Committee on the Elimination of Discrimination against Women has made a similar recommendation (general comment No. 21 of 1994).
- Body
- Treaty bodies: CRC - Committee on the Rights of the Child
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Adolescents
- Boys
- Children
- Girls
- Women
- Year
- 2003
- Date added
- Aug 19, 2019
Paragraph
The right to social security (Art. 9) 2007, para. 28
- Document type
- General Comment / Recommendation
- Paragraph text
- The right to social security plays an important role in supporting the realization of many of the rights in the Covenant, but other measures are necessary to complement the right to social security. For example, States parties should provide social services for rehabilitation of the injured and persons with disabilities in accordance with article 6 of the Covenant, provide child care and welfare, advice and assistance with family planning and the provision of special facilities for persons with disabilities and older persons (article 10); take measures to combat poverty and social exclusion and provide supporting social services (article 11); and adopt measures to prevent disease and improve health facilities, goods and services (article 12). States parties should also consider schemes that provide social protection to individuals belonging to disadvantaged and marginalized groups, for example crop or natural disaster insurance for small farmers or livelihood protection for self-employed persons in the informal economy. However, the adoption of measures to realize other rights in the Covenant will not in itself act as a substitute for the creation of social security schemes.
- Body
- Treaty bodies: CESCR - Committee on Economic, Social and Cultural Rights
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Poverty
- Social & Cultural Rights
- Person(s) affected
- Children
- Older persons
- Persons with disabilities
- Year
- 2007
- Date added
- Aug 19, 2019
Paragraph
Article 3: The equality of rights between men and women - replaces GC No. 4 2000, para. 25
- Document type
- General Comment / Recommendation
- Paragraph text
- To fulfil their obligations under article 23, paragraph 4, States parties must ensure that the matrimonial regime contains equal rights and obligations for both spouses with regard to the custody and care of children, the children's religious and moral education, the capacity to transmit to children the parent's nationality, and the ownership or administration of property, whether common property or property in the sole ownership of either spouse. States parties should review their legislation to ensure that married women have equal rights in regard to the ownership and administration of such property, where necessary. Also, States parties should ensure that no sex-based discrimination occurs in respect of the acquisition or loss of nationality by reason of marriage, of residence rights, and of the right of each spouse to retain the use of his or her original family name or to participate on an equal basis in the choice of a new family name. Equality during marriage implies that husband and wife should participate equally in responsibility and authority within the family.
- Body
- Treaty bodies: CCPR - Human Rights Committee
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Men
- Women
- Year
- 2000
- Date added
- Aug 19, 2019
Paragraph
The right of the child to be heard 2009, para. 106
- Document type
- General Comment / Recommendation
- Paragraph text
- The Committee recommends that States parties take action to build opportunities for children to express their views and for those views to be given due weight with regard to the following issues.
- Body
- Treaty bodies: CRC - Committee on the Rights of the Child
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2009
- Date added
- Aug 19, 2019
Paragraph
Children in street situations 2017, para. 37
- Document type
- General Comment / Recommendation
- Paragraph text
- Association and peaceful assembly are essential for children in street situations to claim their rights, for example, through working children’s unions and child-led associations. However, the Committee has regularly expressed concern in its concluding observations regarding the lack of political space afforded to children to speak out. This is particularly constrained for children in street situations, who often lack connections with a trustworthy adult who may be required to legally register an organization. Children in street situations may lack support in completing paperwork and gaining access to information to develop association and peaceful assembly initiatives. Children in street situations may be paid to boost numbers in protests or gatherings. They may be vulnerable to exploitation and unaware of the implications of joining such events, raising complex questions regarding the need to balance protection and participation rights. However, as expressed by the Committee in its concluding observations, this should not be used as an excuse to curtail their right to association and peaceful assembly. Article 15 requires States to empower children in street situations to exercise their participation rights and counter co-option and manipulation by adults.
- Body
- Treaty bodies: CRC - Committee on the Rights of the Child
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
The implementation of the rights of the child during adolescence 2016, para. 46
- Document type
- General Comment / Recommendation
- Paragraph text
- The right to privacy takes on increasing significance during adolescence. The Committee has repeatedly raised concerns about violations of privacy in respect of, for example, confidential medical advice; space for and belongings of adolescents in institutions; correspondence and other communications, either in the family or other forms of care; and exposure of those involved in criminal proceedings. The right to privacy also entitles adolescents to have access to their records held by educational, health-care, childcare and protection services and justice systems. Such information should only be accessible in compliance with due process guarantees and to individuals authorized by law to receive and use it. States should, through dialogue with adolescents, ascertain where breaches of privacy have taken place, including in relation to personal engagement in the digital environment and the use of data by commercial and other entities. States should also take all appropriate measures to strengthen and ensure respect for the confidentiality of data and the privacy of adolescents, consistent with their evolving capacities.
- Body
- Treaty bodies: CRC - Committee on the Rights of the Child
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Adolescents
- Children
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Implementing child rights in early childhood 2006, para. 11b (i)
- Document type
- General Comment / Recommendation
- Paragraph text
- [Right to non discrimination. Article 2 ensures rights to every child, without discrimination of any kind. The Committee urges States parties to identify the implications of this principle for realizing rights in early childhood:] [Article 2 also means that particular groups of young children must not be discriminated against. Discrimination may take the form of reduced levels of nutrition; inadequate care and attention; restricted opportunities for play, learning and education; or inhibition of free expression of feelings and views. Discrimination may also be expressed through harsh treatment and unreasonable expectations, which may be exploitative or abusive. For example:] Discrimination against girl children is a serious violation of rights, affecting their survival and all areas of their young lives as well as restricting their capacity to contribute positively to society. They may be victims of selective abortion, genital mutilation, neglect and infanticide, including through inadequate feeding in infancy. They may be expected to undertake excessive family responsibilities and deprived of opportunities to participate in early childhood and primary education;
- Body
- Treaty bodies: CRC - Committee on the Rights of the Child
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Children
- Girls
- Youth
- Year
- 2006
- Date added
- Aug 19, 2019
Paragraph
Treatment of Unaccompanied and Separated Children Outside Their Country of Origin 2005, para. 18
- Document type
- General Comment / Recommendation
- Paragraph text
- The principle of non-discrimination, in all its facets, applies in respect to all dealings with separated and unaccompanied children. In particular, it prohibits any discrimination on the basis of the status of a child as being unaccompanied or separated, or as being a refugee, asylum seeker or migrant. This principle, when properly understood, does not prevent, but may indeed call for, differentiation on the basis of different protection needs such as those deriving from age and/or gender. Measures should also be taken to address possible misperceptions and stigmatization of unaccompanied or separated children within the society. Policing or other measures concerning unaccompanied or separated children relating to public order are only permissible where such measures are based on the law; entail individual rather than collective assessment; comply with the principle of proportionality; and represent the least intrusive option. In order not to violate the prohibition on non-discrimination, such measures can, therefore, never be applied on a group or collective basis.
- Body
- Treaty bodies: CRC - Committee on the Rights of the Child
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Children
- Persons on the move
- Year
- 2005
- Date added
- Aug 19, 2019
Paragraph
State obligations regarding the impact of the business sector on children’s rights 2013, para. 31
- Document type
- General Comment / Recommendation
- Paragraph text
- When determining the level or form of reparation, mechanisms should take into account that children can be more vulnerable to the effects of abuse of their rights than adults and that the effects can be irreversible and result in lifelong damage. They should also take into account the evolving nature of children's development and capacities and reparation should be timely to limit ongoing and future damage to the child or children affected; for example, if children are identified as victims of environmental pollution, immediate steps should be taken by all relevant parties to prevent further damage to the health and development of children and repair any damage done. States should provide medical and psychological assistance, legal support and measures of rehabilitation to children who are victims of abuse and violence caused or contributed to by business actors. They should also guarantee non-recurrence of abuse through, for example, reform of relevant law and policy and their application, including prosecution and sanction of the business actors concerned.
- Body
- Treaty bodies: CRC - Committee on the Rights of the Child
- Topic(s)
- Environment
- Violence
- Person(s) affected
- Children
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right of the child to freedom from all forms of violence 2011, para. 53
- Document type
- General Comment / Recommendation
- Paragraph text
- Follow-up. The following must always be clear: (a) who has responsibility for the child and family from reporting and referral all the way through to follow-up; (b) the aims of any course of action taken - which must be fully discussed with the child and other relevant stakeholders; (c) the details, deadlines for implementation and proposed duration of any interventions; and (d) mechanisms and dates for the review, monitoring and evaluation of actions. Continuity between stages of intervention is essential and this may best be achieved through a case management process. Effective help requires that actions, once decided through a participatory process, must not be subject to undue delay. The follow-up must be understood in the context of article 39 (recovery and reintegration), article 25 (periodic review of treatment and placements), article 6, paragraph 2 (right to development) and article 29 (aims of education which present intentions and aspirations for development). Contact of the child with both parents should be ensured in accordance with article 9, paragraph 3, unless this is contrary to the best interests of the child.
- Body
- Treaty bodies: CRC - Committee on the Rights of the Child
- Topic(s)
- Education
- Governance & Rule of Law
- Health
- Person(s) affected
- Children
- Families
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Harmful practices (joint General Recommendation with CRC) 2014, para. 88
- Document type
- General Comment / Recommendation
- Paragraph text
- States parties should widely disseminate the present joint general recommendation/general comment to parliaments, Governments and the judiciary, nationally and locally. It should also be made known to children and women and all relevant professionals and stakeholders, including those working for and with children (i.e. judges, lawyers, police officers and other law enforcement officials, teachers, guardians, social workers, staff of public or private welfare institutions and shelters and health-care providers) and civil society at large. It should be translated into relevant languages and child-friendly/appropriate versions and formats accessible to persons with disabilities should be made available. Conferences, seminars, workshops and other events should be held to share good practice on how best to implement it. It should also be incorporated into the formal pre-service and in-service training of all relevant professionals and technical staff and should be made available to all national human rights institutions, women's organizations and other human rights non-governmental organizations.
- Body
- Treaty bodies: CEDAW - Committee on the Elimination of Discrimination against Women
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Persons with disabilities
- Women
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Equality in marriage and family relations 1994, para. 10
- Document type
- General Comment / Recommendation
- Paragraph text
- Migrant women who live and work temporarily in another country should be permitted the same rights as men to have their spouses, partners and children join them.
- Body
- Treaty bodies: CEDAW - Committee on the Elimination of Discrimination against Women
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Movement
- Person(s) affected
- Children
- Families
- Men
- Persons on the move
- Women
- Year
- 1994
- Date added
- Aug 19, 2019
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 58
- Document type
- Special Procedures' report
- Paragraph text
- Another aspect of States’ failure to protect children in the context of humanitarian responses is the alarming practice of child detention owing to their irregular migration status. The Committee on the Rights of the Child and other human rights mechanisms have underscored that immigration-related detention of children can never be in their best interests and that, no matter whether they are unaccompanied or with their families, their detention constitutes a violation of their rights that, at times, may amount to “torture and ill-treatment”. The reasons invoked by States to resort to immigration-related detention of children include health and security screening, identity verification, protection and the facilitation of removal from the country. Alternatives to child detention should be sought. Children should be allowed to reside in a community-based context while their immigration status is being resolved. Good practices of such alternatives include the child-sensitive community assessment and placement model.
- Body
- Treaty bodies: CEDAW - Committee on the Elimination of Discrimination against Women
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 56
- Document type
- Special Procedures' report
- Paragraph text
- While some refugee and internally displaced persons camps have separate facilities for unaccompanied or separated children, they often lack family-based solutions and have very limited capacity to face the increasing number of unaccompanied or separated children. As a consequence, children share their living space with adults or are held in prolonged detention. In addition, even when children are offered a separated living area, those are often easily accessible to everyone, especially during night-time. Moreover, certain camps fail to provide basic amenities, such as appropriate health-care services or gender-differentiated sanitation. The lack of adequate lightning, the layout of some camps and a shortage of security personnel further increase the vulnerability of children to abuse. Finally, the reluctance of many European countries to provide refugee children with a safe and permanent home continues to aggravate the situation by prolonging the stay of children in the facilities.
- Body
- Treaty bodies: CEDAW - Committee on the Elimination of Discrimination against Women
- Topic(s)
- Equality & Inclusion
- Gender
- Humanitarian
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 20
- Document type
- Special Procedures' report
- Paragraph text
- In Asia, children constituted 48 per cent of the 14.8 million refugees by the end of 2015. The ongoing conflict in the Syrian Arab Republic, which had created 2.4 million child refugees in 2015 and more than 2 million internally displaced children by 2016, has led to situations of extreme vulnerability. Indeed, United Nations assessments have revealed cases of child recruitment in 90 per cent of the locations surveyed in that country and cases of child marriage in 85 per cent of them. Similarly, the decades-long conflict in Afghanistan has created 1.3 million child refugees and, by 2016, had displaced more than half a million persons, 56 per cent of whom were children. Those children are at a particularly high risk of being abused and exploited, with a very elevated level of child or forced marriage and domestic abuse. Likewise, the reported rise in the number of child brides among Rohingya children who have fled Myanmar and live in neighbouring countries perpetuates the cycle of violence and poverty experienced by those girls.
- Body
- Treaty bodies: CEDAW - Committee on the Elimination of Discrimination against Women
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- Children
- Girls
- Persons on the move
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph