A/HRC/12/50
September 2008 and 10/14 of 26 March 2009, and Assembly resolutions 63/184 of 18
December 2008 and 63/241 of 24 December 2008,
Noting with appreciation its accomplishment of the Guidelines for the Alternative
Care of Children, transmitted to the General Assembly, according to which States should
seek to provide appropriate care and protection for vulnerable children, including children
of migrant workers, as part of efforts to prevent separation of children from their parents,
Taking note of general comment No. 6 of the Committee on the Rights of the Child
on the treatment of unaccompanied and separated children,
Noting with appreciation the report of the Special Rapporteur on the human rights of
migrants (A/HRC/11/7), in which he addresses the protection of children in the context of
migration,
Underlining the importance of the Council in promoting respect for the protection of
the human rights and fundamental freedoms of all, including migrants,
Recognizing the increasing participation of children in international migration
movements and stressing the need to ensure the protection of children from all forms of
abuse, neglect, exploitation and violence,
Deeply concerned about the large and growing number of migrants, especially
children, attempting to cross international borders without the required travel documents,
and recognizing the obligation of States to respect the human rights of all migrants,
Bearing in mind that policies and initiatives on the issue of migration, including
those that refer to the orderly management of migration, should promote holistic
approaches that take into account the causes and consequences and challenges and
opportunities of the phenomenon and full respect for the human rights and fundamental
freedoms of migrants, with due regard for the specific needs of children in vulnerable
situations, such as unaccompanied children, girls, children with disabilities and those who
may be in need of international refugee protection,
1.
Calls upon States to promote and protect effectively the human rights and
fundamental freedoms of all migrants, especially those of children, regardless of their
status, in conformity with the Universal Declaration of Human Rights and the international
instruments to which they are party, and therefore:
(a)
Underlines that the international legal framework for the protection of the
child applies irrespective of his/her migration status and that of his/her parents or family
members, and calls upon States to respect and ensure the protection of the human rights of
every child within their jurisdiction, without discrimination of any kind;
(b)
Calls upon States to establish or strengthen policies and programmes aimed
at addressing the situation of children in the context of migration that have a human rightsbased approach and are based on general principles, such as the best interests of the child,
non-discrimination, participation and survival and development;
(c)
Also calls upon States that have not signed and ratified or acceded to the
Convention on the Rights of the Child and the Optional Protocols thereto, and the
International Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families to consider doing so as a matter of priority;
2.
Also calls upon States of origin to take appropriate measures to promote and
protect effectively the rights of children who are left behind in their country of origin by
migrating family members, including by:
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