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Gender-related dimensions of refugee status, asylum, nationality and statelessness of women 2014, para. 51
- Paragraph text
- The Convention is a significant tool in international efforts to prevent and reduce statelessness because it particularly affects women and girls with regard to nationality rights. The Convention requires full protection of women's equality in nationality matters. Nationality is the legal bond between a person and a State and is critical to ensuring full participation in society. Nationality is also essential to guaranteeing the exercise and enjoyment of other rights, including the right to enter and reside permanently in the territory of a State and to return to that State from abroad. Article 9 of the Convention is therefore essential to the enjoyment of the full range of human rights by women. While human rights are to be enjoyed by everyone, regardless of nationality status, in practice nationality is frequently a prerequisite for the enjoyment of basic human rights. Without nationality, girls and women are subject to compounded discrimination as women and as non-nationals or stateless persons.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Movement
- Person(s) affected
- Girls
- Persons on the move
- Women
- Year
- 2014
- 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
- 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
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- 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
Gender-related dimensions of refugee status, asylum, nationality and statelessness of women 2014, para. 22
- Paragraph text
- The Committee further considers that, under article 2 (d) of the Convention, States parties undertake to refrain from engaging in any act or practice of discrimination against women and to ensure that public authorities and institutions act in conformity with that obligation. That duty encompasses the obligation of States parties to protect women from being exposed to a real, personal and foreseeable risk of serious forms of discrimination against women, including gender-based violence, irrespective of whether such consequences would take place outside the territorial boundaries of the sending State party: if a State party takes a decision relating to a person within its jurisdiction, and the necessary and foreseeable consequence is that the person's basic rights under the Convention will be seriously at risk in another jurisdiction, the State party itself may be in violation of the Convention. The foreseeability of the consequence would mean that there was a present violation by the State party, even though the consequence would not occur until later.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Women migrant workers 2008, para. 4
- Paragraph text
- The Committee recognizes that migrant women may be classified into various categories relating to the factors compelling migration, the purposes of migration and accompanying tenure of stay, the vulnerability to risk and abuse, and their status in the country to which they have migrated, and their eligibility for citizenship. The Committee also recognizes that these categories remain fluid and overlapping, and that therefore it is sometimes difficult to draw clear distinctions between the various categories. Thus, the scope of this general recommendation is limited to addressing the situations of the following categories of migrant women who, as workers, are in low-paid jobs, may be at high risk of abuse and discrimination and who may never acquire eligibility for permanent stay or citizenship, unlike professional migrant workers in the country of employment. As such, in many cases, they may not enjoy the protection of the law of the countries concerned, at either de jure or de facto levels. These categories of migrant women are: (a) Women migrant workers who migrate independently; (b) Women migrant workers who join their spouses or other members of their families who are also workers; (c) Undocumented women migrant workers who may fall into any of the above categories.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2008
- 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. 60
- Paragraph text
- In addition, States’ capacities and approach to implementing durable solutions for children vary. While some prioritize child protection, others look at it as a matter of security, do not consider such situations as their responsibility or do not have the capacity to provide child protection in conflict- and disaster-affected areas. Concerns have been raised about the policy adopted by some States to discourage unaccompanied children in transit to apply for asylum or any other form of protection. In Europe, in particular, States’ responses are very fragmented. In places where migrants or refugees reside, including reception centres, refugee camps or informal settlements, unaccompanied children are viewed as young people in transit for whom local integration is not a suitable option. While family reunification applies in such cases, it is rarely implemented in practice, owing to, among other reasons, the restricted concept of family (limited to close relatives only) which does not take into account the diversity in type and composition of families across regions. In addition, the process for family reunification is often lengthy and complex.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- 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
Women’s access to justice 2015, para. 51n
- Paragraph text
- [The Committee recommends that States parties:] Ensure that mechanisms are in place to monitor places of detention, pay special attention to the situation of women prisoners and apply international guidance and standards on the treatment of women in detention;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Gender
- Governance & Rule of Law
- Person(s) affected
- Persons on the move
- Women
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Harmful practices (joint General Recommendation with CRC) 2014, para. 87e
- Paragraph text
- [The Committees recommend that the States parties to the Conventions:] Ensure that migrant women and children have equal access to services, regardless of their legal status.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Persons on the move
- Women
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Gender-related dimensions of refugee status, asylum, nationality and statelessness of women 2014, para. 19
- Paragraph text
- Article 3 of the Convention against Torture prohibits removal of a person to a country where there are substantial grounds for believing that he or she would be in danger of being subjected to torture. The Committee against Torture, in its general comment No. 2, has explicitly situated gender-based violence and abuse within the scope of the Convention against Torture. Articles 6 and 7 of the International Covenant on Civil and Political Rights also encompass the obligation on States not to extradite, deport, expel or otherwise remove a person from their territory where there are substantial grounds for believing that there is a real risk of irreparable harm in the country to which the person will, or may subsequently, be removed. The Human Rights Committee has further noted that the absolute prohibition of torture that is part of customary international law includes, as an essential corollary component, the prohibition of refoulement to a risk of torture, which entails the prohibition of any return of an individual where he or she would be exposed to a risk of torture, ill-treatment or arbitrary deprivation of life.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Gender
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Women
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Gender-related dimensions of refugee status, asylum, nationality and statelessness of women 2014, para. 12
- Paragraph text
- While noting that the definition of a refugee under the 1951 Convention relating to the Status of Refugees provides criteria for the determination of refugee status in relation to persons who are explicitly covered under the Convention, the Committee notes that the present general recommendation covers all women in need of international protection under the Convention and seeks to apply the protection of the Convention to all women in the context of refugee status and asylum. However, the criteria provided by the definition of the word "refugee" in the 1951 Convention are important for the identification of women in need of international protection. At the same time, the Committee notes that regional refugee instruments and national laws have accepted and also expanded upon the definition given in the 1951 Convention to cover a range of persons in need of international protection for reasons of, variously, international or internal/non-international armed conflict and occupation, events seriously disturbing public order, serious human rights violations or generalized violence.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Gender-related dimensions of refugee status, asylum, nationality and statelessness of women 2014, para. 5
- Paragraph text
- The Convention, as a gender-specific human rights instrument, covers other rights that are not explicitly mentioned therein, but that have an impact on the achievement of equality of women and men. As such, the Convention provides a gender-sensitive interpretation of human rights law and protects women from sex- and gender-based discrimination with regard to all the human rights contained in the Universal Declaration of Human Rights and other human rights instruments. Such application of the Convention was elaborated by the Committee in relation to the prohibition of violence against women as a form of discrimination against women in its general recommendation No. 19, in which it enumerated some of those protected rights, including the right to life and the right not to be subjected to torture or to cruel, inhuman or degrading treatment or punishment. The present general recommendation specifically addresses the application of the Convention to the right to asylum contained in article 14 of the Universal Declaration of Human Rights, the principle of non-refoulement of refugees and asylum seekers in accordance with existing obligations under international refugee and human rights instruments and the right to nationality contained in article 9 of the Convention and the protection against statelessness.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Women in conflict prevention, conflict and post-conflict situations 2013, para. 9
- Paragraph text
- In conflict and post-conflict situations, States parties are bound to apply the Convention and other international human rights and humanitarian law when they exercise territorial or extraterritorial jurisdiction, whether individually, for example, in unilateral military action, or as members of international or intergovernmental organizations or coalitions, for example, as part of an international peacekeeping force. The Convention applies to a wide range of situations, including wherever a State exercises jurisdiction, such as occupation and other forms of administration of foreign territory, for example, United Nations administration of territory; to national contingents that form part of an international peacekeeping or peace-enforcement operation; to persons detained by agents of a State, such as the military or mercenaries, outside its territory; to lawful or unlawful military actions in another State; to bilateral or multilateral donor assistance for conflict prevention and humanitarian aid, mitigation or post-conflict reconstruction; in involvement as third parties in peace or negotiation processes; and in the formation of trade agreements with conflict-affected countries.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Persons on the move
- Women
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Women migrant workers 2008, para. 29
- Paragraph text
- States parties are encouraged to ratify all international instruments relevant to the protection of the human rights of migrant women workers, in particular, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Women
- Year
- 2008
- Date added
- Aug 19, 2019
Paragraph
Women migrant workers 2008, para. 27a
- Paragraph text
- [Measures that are required include but are not limited to the following:] Bilateral and regional agreements: States parties who are sending or receiving and transit countries should enter into bilateral or regional agreements or memorandums of understanding protecting the rights of women migrant workers as elaborated in this general recommendation (article 3);
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Gender
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2008
- Date added
- Aug 19, 2019
Paragraph
Women migrant workers 2008, para. 24h
- Paragraph text
- [Countries of origin must respect and protect the human rights of their female nationals who migrate for purposes of work. Measures that may be required include, but are not limited to, the following:] Facilitating the right to return: States parties should ensure that women who wish to return to their countries of origin are able to do so free of coercion and abuse (article 3);
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2008
- Date added
- Aug 19, 2019
Paragraph
Women migrant workers 2008, para. 24c (ii)
- Paragraph text
- [Countries of origin must respect and protect the human rights of their female nationals who migrate for purposes of work. Measures that may be required include, but are not limited to, the following:] [Regulations and monitoring systems, as follows:] States parties should also implement accreditation programmes to ensure good practices among recruitment agencies (article 2 (e));
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2008
- Date added
- Aug 19, 2019
Paragraph
Women migrant workers 2008, para. 2
- Paragraph text
- This general recommendation intends to contribute to the fulfilment of the obligations of States parties to respect, protect and fulfil the human rights of women migrant workers, alongside the legal obligations contained in other treaties, the commitments made under the plans of action of world conferences and the important work of migration-focused treaty bodies, especially the Committee on the Protection of the Rights of All Migrant Workers and Members of their Families. While the Committee notes that the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families protects individuals, including migrant women, on the basis of their migration status, the Convention on the Elimination of All Forms of Discrimination against Women protects all women, including migrant women, against sex- and gender-based discrimination. While migration presents new opportunities for women and may be a means for their economic empowerment through wider participation, it may also place their human rights and security at risk. Hence, this general recommendation aims to elaborate the circumstances that contribute to the specific vulnerability of many women migrant workers and their experiences of sex- and gender-based discrimination as a cause and consequence of the violations of their human rights.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Women
- Year
- 2008
- 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. 82d
- Paragraph text
- [In terms of durable solutions, States, in cooperation with United Nations agencies and programmes, international organizations, host countries and civil society organizations, should:] Grant non-nationals who are victims of trafficking residence status and assistance, not to be made conditional on the initiation of criminal proceedings or their cooperation with law enforcement authorities.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- 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. 81f
- Paragraph text
- [In terms of protection and assistance, States, in cooperation with United Nations agencies and programmes, international organizations, host countries and civil society organizations, should:] Appoint trained and independent translators in areas and services that are or could potentially be in contact with vulnerable migrant and refugee children to facilitate effective communication and access to services;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Gender-related dimensions of refugee status, asylum, nationality and statelessness of women 2014, para. 63a
- Paragraph text
- [In the light of the foregoing, the Committee recommends that States parties that have not already done so:] Review and withdraw their reservations to article 9 of the Convention because they are incompatible with the object and purpose of the Convention and thus impermissible under article 28 (2);
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Gender
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Women in conflict prevention, conflict and post-conflict situations 2013, para. 57a
- Paragraph text
- [The Committee recommends that States parties:] Take the preventive measures necessary to ensure protection against forced displacement, in addition to the protection of the human rights of displaced women and girls, including access to basic services, during flight, displacement and in the context of durable solutions;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Girls
- Persons on the move
- Women
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Women migrant workers 2008, para. 27b (ii)
- Paragraph text
- [Measures that are required include but are not limited to the following:] [Best practices and sharing of information, as follows:] States parties should cooperate on providing information on perpetrators of violations of the rights of women migrant workers. When provided with information regarding perpetrators within their territory, States parties should take measures to investigate, prosecute and punish them (article 2 (c)).
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2008
- Date added
- Aug 19, 2019
Paragraph
Women migrant workers 2008, para. 23c
- Paragraph text
- [Common responsibilities of countries of origin and destination include:] Research, data collection and analysis: States parties should conduct and support quantitative and qualitative research, data collection and analysis to identify the problems and needs faced by women migrant workers in every phase of the migration process in order to promote the rights of women migrant workers and formulate relevant policies (article 3).
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2008
- 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. 81b
- Paragraph text
- [In terms of protection and assistance, States, in cooperation with United Nations agencies and programmes, international organizations, host countries and civil society organizations, should:] Recognize the international protection needs, actual and potential, of children and adopt standardized, child-sensitive screening protocols, as well as child-friendly mechanisms to systematically report and respond to instances of missing children, including by reporting to the police;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- 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. 70
- Paragraph text
- The Convention relating to the Status of Refugees of 1951 and its Protocol of 1967 provide additional fundamental rights to refugee children. A core provision is that of non-refoulement, and basic standards are also set in respect to welfare. At the regional level, the Cartagena Declaration on Refugees, the Organization of African Unity Convention Governing the Specific Aspects of Refugee Problems in Africa and the European Union asylum acquis are also important.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Women’s access to justice 2015, para. 53b
- Paragraph text
- [The Committee recommends that States parties:] Ensure that a decision rejecting an application is reasoned and that the claimant is able to appeal to a competent body against the decision, and that the implementation of any prior administrative decisions is suspended pending further judicial review. This is of particular importance in the area of asylum and migration law, where appellants may be deported before having the chance to have their cases heard;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Gender-related dimensions of refugee status, asylum, nationality and statelessness of women 2014, para. 31
- Paragraph text
- The Committee notes that women's claims to asylum are regularly classified under the "social group" ground in the definition of a refugee, which may reinforce the stereotyped notions of women as dependent victims. Article 5 of the Convention requires States parties to assess women's claims to asylum without prejudices and stereotyped notions of women that are based on the inferiority or superiority of either sex. Gender stereotyping affects the right of women to a fair and just asylum process and the asylum authorities must take precautions not to create standards that are based on preconceived notions of gender-based violence and persecution.28 In addition, women are active agents who play important roles as political leaders, members of Governments or opposition groups, journalists, human rights defenders and activists, lawyers and judges, among others. They are targeted on account of their political opinions and/or activities, including the expression of women's rights. Accordingly, article 7 of the Convention requires States parties to take action to realize equality for women in political and public life. It may therefore be appropriate that women bring claims to asylum on gender-related persecution grounds or political, religious, racial and ethnic grounds, including in situations in which they were compelled to flee their country of origin owing to external aggression, occupation, foreign domination or serious civil strife.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Women migrant workers 2008, para. 1
- Paragraph text
- The Committee on the Elimination of Discrimination against Women (the Committee), affirming that migrant women, like all women, should not be discriminated against in any sphere of their life, decided at its thirty-second session (January 2005), pursuant to article 21 of the Convention on the Elimination of All Forms of Discrimination against Women (the Convention), to issue a general recommendation on some categories of women migrant workers who may be at risk of abuse and discrimination.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2008
- 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. 86b
- Paragraph text
- [In terms of cooperation and coordination, States, in cooperation with United Nations agencies and programmes, international organizations, host countries and civil society organizations, should:] Actively participate in and support international initiatives, such as Alliance 8.7 and the Global Partnership to End Violence against Children, aimed at achieving the Sustainable Development Goals, to ensure that children grow up free from violence and exploitation, and engage in the global compact for safe, orderly and regular migration and the global compact on refugees;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- 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. 82c
- Paragraph text
- [In terms of durable solutions, States, in cooperation with United Nations agencies and programmes, international organizations, host countries and civil society organizations, should:] Fully respect non-refoulement obligations deriving from international human rights, humanitarian, refugee and customary international law, in particular the obligations codified in article 33 of the Convention relating to the Status of Refugees of 1951 and article 3 of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The repatriation of any child can only be decided when it is evidenced on a case-by-case basis that it is in his or her best interests and after ensuring, by means of a procedure with proper safeguards, that the child, upon return, will be safe and provided with proper care and custody;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- 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. 81a
- Paragraph text
- [In terms of protection and assistance, States, in cooperation with United Nations agencies and programmes, international organizations, host countries and civil society organizations, should:] Adopt proactive protection measures based on the best interests of the child and in line with international humanitarian, human rights and refugee laws, as well as general comment No. 14 (2013) of the Committee on the Rights of the Child to have his or her best interests taken as a primary consideration when indications of sale, trafficking or other forms of exploitation are found; and take all the necessary measures to prevent the illegal adoption and sale of children in the context of conflict and humanitarian crises;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph