A/HRC/15/29
59.
The right to an identity has been recognized in articles 7 and 8 of the Convention on
the Rights of the Child and article 24 of the International Covenant on Civil and Political
Rights. Registering their birth is a critical first step in ensuring the rights of all children in
the context of migration. The Committee on the Rights of the Child has made clear that the
right to be registered immediately after birth extends equally to “asylum-seeking, refugee or
migrant children – irrespective of their nationality, immigration status or statelessness”. In
order to fulfil adequately the right of the child to birth registration, the State must record the
birth in the relevant civil register, and provide the child with a birth certificate which
includes all relevant information (including the child’s name, place of birth, and all
available information concerning the child’s mother and father), ideally free of charge, and
easily available to all without discrimination.
60.
Birth registration can facilitate the reunification of separated children with their
parents and family members. Article 9 of the Convention on the Rights of the Child obliges
States to ensure that children are not separated from their parents against their will. The
principle of family unity has an important protective function for children in the context of
migration, particularly in the situation of unaccompanied and separated children.50 Family
reunification also constitutes a key element of integration policies.
61.
Yet, it is apparent that regulations have become more severe in various countries,
imposing new restrictions that make family reunification more difficult.51 The underlying
assumption of policies in many States is that reunification should take place in the country
of origin, yet general comment No. 6 of the Committee on the Rights of the Child makes
clear that the best interests of the child should be the primary consideration, and
reunification in the country of origin should not be pursued when there is “reasonable risk”
that such a return would lead to the violation of fundamental human rights of the child
(para. 82). Article 10 of the Convention establishes that reunification must always be
considered in light of the best interests of the child.
G.
Access to social services:52 Health
62.
Article 24 of the Convention provides that every child has the right to the highest
attainable standard of health and to facilities for the treatment of illness and rehabilitation
of health and urges States to “ensure that no child is deprived of his or her right of access to
such health care services”. The Committee on Economic, Social and Cultural Rights notes
the State obligation to respect the right to health by, “inter alia, refraining from denying or
limiting equal access for all persons, including … asylum seekers and illegal immigrants, to
preventive, curative and palliative health services.”53 In prohibiting discrimination based on
nationality, the Committee notes, for example, that all children within a State, including
those with an undocumented status, have the right to receive affordable health care.54
63.
Migrant children can be prevented from gaining effective access to health care in a
number of ways beyond express prohibition: high costs can make access unaffordable; the
50
51
52
53
54
The family has been recognized as the natural and fundamental group unit of society in inter alia art.
23 of the International Covenant on Civil and Political Rights.
Global Migration Group, “Fact-Sheet on the Impact of the Economic Crisis on Migration and
Children’s Rights” (October 2009).
See report of the United Nations High Commissioner for Human Rights to the Economic and Social
Council, E/2010/89 (forthcoming).
Committee on Economic, Social and Cultural Rights, general comment No. 14 on the right to the
highest attainable standard of health (art. 12).
Committee on Economic, Social and Cultural Rights, general comment No. 20.
15
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