A/HRC/16/64
the Convention raised several insurmountable difficulties for them. It was indicated that the
scope of that instrument, which covered both workers in regular and irregular situations,
treating them on equal footing, posed a problem since both European Union immigration
policy and national policies clearly distinguished between the two. The status of legally
residing immigrants in the European Union member States was identical to that of European
Union nationals, in terms of education, health assistance, housing, social security or pension
treatment. One of the priorities of the European Union was to combat irregular migration,
especially as organized by human rights trafficking networks. The delegate added that,
although irregular migrants were not automatically granted a right to reside on the territory
of European Union member States, their human rights were fully respected. This
fundamental distinction between regular and irregular migration was an integral element of
the European Union’s Global Approach to Migration. The delegate stated that it was
unlikely that European Union member States would ever be in a position to sign and ratify
the Convention and the lesson to be drawn from that example was that, when drafting new
United Nations instruments, due care should be given to their universal nature. Additionally,
the delegate reaffirmed that the European Union had understood that the recommendation
contained in paragraph 85 (a) of the present report referred to regular migrants.
X.
Conclusions and recommendations
A.
Conclusions and recommendations from the seventh session of the
Working Group
1.
Protection of children
69.
The Working Group calls upon States to fulfil their obligations and
commitments related to the protection of children as contained in the Durban
Declaration and Programme of Action and the Outcome Document of the Durban
Review Conference.
70.
The Working Group further calls upon all relevant bodies, such as the
Committee on the Rights of the Child and the Committee on the Protection of the
Rights of All Migrant Workers and Members of Their Families, to take into
consideration the respective paragraphs on protection of children in the Durban
Declaration and Programme of Action and the Outcome Document of the Durban
Review Conference.
71.
The Working Group invites Member States to include in their periodic reports
to the Committee on the Rights of the Child information on measures undertaken to
implement the respective paragraphs on protection of children from the Durban
Declaration and Programme of Action and the Outcome Document of the Durban
Review Conference.
72.
The Working Group invites Member States and other stakeholders, including
relevant human rights bodies and international organizations, in particular the United
Nations Children’s Fund (UNICEF) and the Committee on the Rights of the Child, to
submit to OHCHR all pertinent information, inter alia, relevant legislation, good
practices and reports related to child protection against racism, racial discrimination,
xenophobia and related intolerance, which will be placed on the website of OHCHR.
73.
The Working Group encourages Member States to ensure registration of
children at birth in accordance with paragraph 56 of the Durban Programme of
Action.
15
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents