A/HRC/36/51
61. A new law in Italy envisages the consolidation of the child’s right to be heard in all
matters affecting him or her. In Belgium, a law adopted in 2016 ensures that every
accompanied child has the right to be heard, without his or her parent(s) or legal guardians
being present, to make sure the child can speak freely.
62.
In Serbia, owing to the lack of proper measures by the responsible institutions, the
language barrier makes it impossible for migrant children to explain their situation
adequately. It also effectively renders them unable to express their own opinions and
prevents the authorities from determining whether their choice to migrate was voluntary
and which underlying reasons motivated them to migrate. 60
63.
In Honduras, there is a programme devoted to underage international migrants,
which includes technical teams trained to care for this population. However, there is no
national policy that deals with the issue of migrant children and, in the case of returnees,
there is only one centre specialized in assisting Honduran migrant children returning from
abroad and undocumented foreign-born children.61
64.
In Zimbabwe, migration policies take into account protection of the rights of
migrants, although the practical implementation of these policies remains a challenge.
V. Gender considerations
65.
Almost no information is provided by States to explain violations of the human
rights of migrant children; this includes information on violations motivated by gender.
66.
Few States provide comprehensive responses, which would include provision of
separate and safe accommodation for males and females, separate washing facilities and
special security measures to enhance women’s safety. In addition, the provision of
information on gender-based violence and ways of reporting it is a major weakness in all
the Member States covered in the present report. This situation increases non-reporting of
abuse and allows abusers to act with impunity. 62
67.
International migration has a differential impact by gender in Mexico. For instance,
a teenage girl from the Maya Mam ethnic group stated in an interview that her strategy to
avoid sexual abuse was to ask a male fellow traveller to introduce her as his girlfriend in
front of others, a pretence for which he asked to be paid. 63 Furthermore, heterosexual
women are not the only target of gender-based violence, since discrimination against, and
persecution of lesbian, gay, bisexual, transgender and intersex children has also been
recorded.64
68.
Domestic service is a common job for female migrants in Mexico; the vast majority
of them are under the age of 18 years. Those coming from Guatemala tend to be of
indigenous origin. Furthermore, this vulnerable group has been subjected to labour
exploitation and a lack of minimum labour rights, such as a legal contract or legal
residence. In this context, it is almost impossible for female child migrants to obtain
temporary or permanent residence status, because of the costs involved and the interests of
their employers.65.
69.
Authorities in Guatemala have recorded that, in many cases, the danger of rape is so
high that traffickers themselves, in order to prevent any possible pregnancy, force teenage
girls to undergo a contraceptive injection before the journey. 66 In Central America, most of
60
61
62
63
64
65
66
12
Source: Ombudsman of Serbia.
Source: Honduras replies to Advisory Committee questionnaire on unaccompanied migrant children
and human rights.
Source: information provided by the Office of the Special Representative of the Secretary-General on
Violence against Children to the Advisory Committee, 24 February 2017.
Center for Gender & Refugee Studies, Childhood and Migration in Central and North America:
Causes, Policies, Practices and Challenges (San Francisco, February 2015), p. 166.
Source: General Coordinator of the Mexican Commission for Aid to Refugees.
Source: Fray Matías de Córdova Human Rights Centre.
Source: Guatemala — SOS Children’s Villages.
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