A/HRC/15/29
where the child is unreasonably confined to the premises of the employer”, which is
intended to refer to domestic workers, or workers who live and work in factories and
sweatshops.62 All of the provisions of the Convention on the Protection of the Rights of All
Migrant Workers and Members of Their Families apply equally to child migrant workers,
even though the Convention does not explicitly refer to the situation of children who
migrate on their own for work.
74.
The Committee on the Rights of the Child has called on States to “regulate the
working environment and conditions for adolescents who are working”.63 Further
elaborating on this issue in general comment No. 12, the Committee notes that, in the case
of working children who are younger than the age permitted by ILO Conventions: “they
should be included in the search for a solution, which respects the economic and sociocultural constraints as well as the cultural context under which these children work”.64
K.
Protection of children left behind in countries of origin
75.
The Special Rapporteur on the human rights of migrants has stated that the term
“children left behind” refers to “children raised in their home countries or in their countries
of habitual residence who have been left behind by adult migrants responsible for them”.65
76.
The impact of being left behind on children is hard to generalize, as some children
will benefit from the migration of their parents, including those who receive remittances
that enable them to go to school, improve their housing situation or access better health
services. Others, however, could suffer destitution and official neglect, physical and sexual
abuse from relatives and foster carers, and psychological trauma from the experience of
being “abandoned” by one or both parents. Children left behind could suffer social
stigmatization, debt and pressure from moneylenders and smugglers and be forced to take
on social and family roles far beyond their age and maturity.
77.
The Special Rapporteur has noted that a key factor in determining the impact of
migration on children left behind will be the extent to which the responsible State has
implemented specific child protection policies for such children.66 Targeted policies should
address the socio-economic situation of such children, protect them from exploitation and
violence (including domestic violence), and enable their voice to be heard. Where
appropriate, the State should appoint a legal guardian for such children.
78.
The situation of children left behind in the context of migration is also of relevance
to family reunification policies in countries of destination. Where possible and in their best
interests, States should enable children to join their parents who have migrated.67 Such
reunification opportunities should not be contingent on the migration status of the parents.
62
63
64
65
66
67
18
ILO, Recommendation No. 190 on the Worst Forms of Child Labour, 1999. In addition, article 32 of
the Convention on the Rights of the Child protects children from hazardous work and work that
would interfere with their education, morals and health. Article 10, paragraph 3, of the ICESCR
provides similar protection.
Committee on the Rights of the Child, general comment No. 4 on adolescent health and development.
Committee on the Rights of the Child, general comment No. 12 on the right of the child to be heard.
A/HRC/11/7, para. 45.
Ibid., para. 48.
Article 9, paragraph 1, of the Convention on the Rights of the Child accordingly asserts that “States
Parties shall ensure that a child shall not be separated from his or her parents against their will”, while
Article 10, paragraph 1, calls on States to examine requests for family reunification in a “positive,
humane and expeditious manner”. The Committee of the Rights of the Child has, in its concluding
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