A/HRC/33/53
I.
Introduction
1.
In its resolution 29/12, the Human Rights Council requested the Advisory
Committee to develop a research-based study on the global issue of unaccompanied
migrant children and adolescents and human rights, in which it identifies areas, reasons and
cases where that issue arises in the world, and the ways in which human rights are
threatened and violated, and makes recommendations for the protection of the human rights
of members of this population, and to submit it to the Council at its thirty-third session.
2.
At its fifteenth session, the Advisory Committee established a drafting group for the
preparation of the above-mentioned study, which currently comprises Mario Luis
Coriolano, Laura Maria Crăciunean-Tatu, Hoda Elsadda, Carla Hananía de Varela
(Rapporteur), Obiora Chinedu Okafor, Katharina Pabel, Anantonia Reyes Prado (Chair) and
Changrok Soh.
3.
The present report aims to provide a comprehensive analysis of the situation of
unaccompanied migrant children from a human rights perspective. The analysis and
recommendations contained in this report provide guidance for ensuring that the
commitments assumed by States parties to the Convention on the Rights of the Child and
other relevant human rights treaties are fulfilled. The fulfilment of those commitments
guarantees the appropriate and timely protection of children who find themselves in
situations of high vulnerability because they are forced to migrate unaccompanied by their
parents or guardians. In line with article 1 of the Convention on the Rights of the Child, “a
child means every human being below the age of 18 years unless under the law applicable
to the child, majority is attained earlier”. Unaccompanied children are children “who have
been separated from both parents and other relatives and are not being cared for by an adult
who, by law or custom, is responsible for doing so”.1
4.
Two methodological tools were used to carry out the study: (a) an ad hoc
questionnaire addressed to States, national human rights institutions, non-governmental
organizations (NGOs) and international organizations; and (b) documentary research.
5.
The drafting group developed questionnaires to seek the views and input of Member
States, international and regional organizations, special procedure mandate holders and
treaty bodies, national human rights institutions, civil society organizations and other
relevant stakeholders. In total, 80 responses were received, of which 19 from States, 47
from NGOs, 13 from national human rights institutions and 1 from the United Nations
Children’s Fund (UNICEF).
6.
The present report contains information about the rights of children who are forced
to abandon their homes and lands, children with a life, rights and special needs related to
nutrition, education, medical attention and protection from abuse. According to UNICEF, in
2014 60 million people were chased from their homes by war, violence and persecution, of
whom an estimated 30 million were children. Worldwide, nearly 232 million people live
beyond the borders of their native land;2 among them are 35 million children, some of
whom are not accompanied by an adult.3 From 1990, rising insecurity and political
instability have contributed to preventing mobility or have forced migrants to seek more
1
2
3
See Committee on the Rights of the Child, general comment No. 6 (2005) on the treatment of
unaccompanied and separated migrant children outside their country of origin, para. 7.
The Committee refers to people who leave their country of origin for different reasons.
UNICEF, “Protecting children on the move”, briefing note (November 2015).
3
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