A/HRC/39/33
seriously conflict with freedom of conscience and the right to manifest one’s religion or
belief.23
56.
Despite the growing body of jurisprudence and recommendations from treaty bodies,
special procedures, the universal periodic review and regional human rights courts on the
issue, some States do not implement them. Equally regrettably, some States do not
recognize or fully implement the right to conscientious objection to military service in
practice (A/HRC/35/4, para. 62).
E.
Transitioning to autonomy in vulnerable situations
Young migrants, including asylum seekers and refugees
57.
With around 27 million young international migrants, 24 young people constitute a
large share of migration flows. Young people’s motivations to migrate are linked to the
search for decent livelihoods due to poor economic prospects, escaping from regions
affected by conflict and natural disasters, as well as violence.
58.
Young migrants represent a specific group of migrants whose unique needs, rights
and challenges are often not addressed as part of the wider migration policies. Migrant
children as a group are accorded specific protection in international human rights law,
including through specific provisions in the Convention on the Rights of the Child. In
addition, young asylum seekers and refugees are protected by international refugee law.
However, the protection standards relating specifically to children end on their 18th
birthday. Human rights mechanisms have encouraged States to ensure that protection and
support measures extend beyond the age of 18 in order to ensure a rights-based transition to
adulthood, in particular for vulnerable children, including asylum-seeking and refugee
children, as well as other migrant children who are in vulnerable situations, children in
alternative care settings and those in street situations.
59.
The principles and guidelines on the human rights protection of migrants in
vulnerable situations, developed by the OHCHR-led Global Migration Group, call upon
States to provide adequate follow-up, support and transition measures for migrant children
when they reach 18 years of age, in particular those leaving a care context. States are
requested to ensure that young migrants are given access to information, have the
possibility of attaining regular long-term migration status, receive welfare assistance and
have opportunities to complete their education and be integrated into the labour market and
in society. Moreover, in 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 children in the context of international migration in countries of origin,
transit, destination and return, the Committees request States parties to ensure that children
are adequately prepared for independent living as they approach 18 years of age, and ask
the competent authorities to ensure adequate follow-up of the individual situation.
Young people in conflict with the law
60.
In its general comment No. 10 (2007) on children’s rights in juvenile justice, the
Committee on the Rights of the Child states that the special rules of juvenile justice should
apply for all children who, at the time of their alleged commission of an offence, have not
yet reached the age of 18. Furthermore, rule 3.3 of the United Nations Standard Minimum
Rules for the Administration of Juvenile Justice recommends making efforts to extend
juvenile justice rules to young adult offenders. The Committee notes with appreciation that
some States parties allow for the application of the rules and regulations of juvenile justice
to persons aged 18 and older, usually until the age of 21, either as a general rule or by way
of exception.
23
24
12
General comment No. 22 (1993) on the right to freedom of thought, conscience and religion, para. 11.
See www.un.org/esa/socdev/documents/youth/fact-sheets/youth-migration.pdf.
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