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. 5

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