A/HRC/15/29
or even contradictory manner, often letting immigration policies override child-protection
exigencies and associated human rights obligations.
II.
Normative standards that protect the rights of the child in
the context of migration
9.
International law first explicitly recognized the particular protection needs of
children in 1924, when the Geneva Declaration on the Rights of the Child was adopted by
the League of Nations. Subsequently, the core international human rights instruments13
were developed, which contain general provisions that are applicable to children in the
context of migration. All children are thus entitled to enjoy equal access to fundamental
civil, political, economic, social and cultural rights. The principal normative standards of
child protection are equally applicable to migrant children and children implicated in the
process of migration. Accordingly, international law provides that all such children be seen
and protected as children first and foremost, rather than letting their migratory or other
status, or that of their parents, dictate their access to protection and assistance. The
Convention on the Rights of the Child is the primary normative standard in relation to
children’s rights (see following section), in addition to which all the general provisions of
international human rights law contained in the core human rights instruments are
applicable to children.
10.
The International Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families contains specific provisions which protect
children, including in relation to access to birth registration (art. 29) and to education (art.
30). In addition, the Convention provides that when a migrant worker is deprived of liberty,
the detaining State must pay attention to problems posed to their spouses and minor
children (art. 17, para. 6). All migrant workers and members of their families are also
protected from unlawful confiscation and destruction of their identity documents (art. 21),
from collective expulsion (art. 22), and have the right to consular protection and assistance
(art. 23).
11.
Two conventions of the International Labour Organization (ILO) relate to the
situation of migrant workers; the Migration for Employment Convention (Revised), 1949
(No. 97) and the Migrant Workers (Supplementary Provisions) Convention, 1975 (No.
143). In addition, the Minimum Age Convention, 1973 (No. 138) and the Worst Forms of
Child Labour Convention, 1999 (No. 182) specifically protect the rights of children who
work.
12.
The Convention relating to the Status of Refugees of 1951 protects the rights of
child refugees and asylum-seekers. Although there is no specific mention of child refugees
in this instrument, its provisions – including article 22 which requires States to extend to
refugees equal treatment as nationals in regard to education – apply equally to the situation
of children.
13
These are: the Universal Declaration of Human Rights; International Convention on the Elimination
of All Forms of Racial Discrimination ; International Covenant on Civil and Political Rights;
International Covenant on Economic, Social and Cultural Rights; Convention on the Rights of the
Child; Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;
Convention on the Elimination of All Forms of Discrimination against Women; International
Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families;
and the Convention on the Rights of Persons with Disabilities.
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