A/HRC/36/51
status as minors, which requires special protection, and as migrants, which exposes them to
all kinds of serious breaches of their fundamental rights.
7.
According to the Convention on the Rights of the Child, a child means every human
being below the age of 18 years unless, under the law applicable to the child, majority is
attained earlier. This definition of a child is the same in both regional and national contexts.
In Africa, Europe and the inter-American system of human rights, a child is defined as a
human being below the age of 18 years. The term “child” is therefore used throughout the
present report to cover children and adolescents below that age. Children on the move and
other children affected by migration shall be considered children first and foremost, and
their best interests shall be the primary consideration in all actions concerning them.
8.
According to the Committee on the Rights of the Child and the Inter-American
Court of Human Rights, unaccompanied migrant children are children who have been
separated from both parents and other relatives and are not being cared for by an adult who,
by law or custom, is responsible for doing so. The study covers unaccompanied children
who find themselves outside their country of nationality or, if stateless, outside their
country of habitual residence.
9.
There are various categories of unaccompanied migrant children:
(a)
Children separated from their family or caregivers during the move;
(b)
Children who have started their journey as unaccompanied and separated
children, but are currently travelling with groups of people;
(c)
Children who have interrupted their migration journey because of a lack of
resources; in the context of the European migrant crisis, children in this group are often
found in urban areas of Greece and Italy.
10.
There are often important differences in motivation between migrant children who
apply for asylum and those who do not. Children who seek asylum often flee their country
from fear of persecution or because of generalized violence; fear is widespread and there is
a profound sense of insecurity and impunity.4 Children who do not fall within the definition
of an asylum seeker are often moved by the desire to find a place where their basic human
rights, including special protection, can be met. Asylum seekers are covered by the
Convention relating to the Status of Refugees and its Protocol, while migrant children are
covered by international human rights law. However, while in transit, on reception and in
destination countries, migrant children and child asylum seekers are exposed to the same
risks and human rights violations. Migrant and refugee children have the same universal
human rights, as stated in the New York Declaration for Refugees and Migrants. 5
11.
Information received from States shows that there are multiple causes for the
migration of children, but they all have one factor in common. At the heart of the
motivations for migration, there are multiple violations of the human rights of children in
their countries of origin: lack of protection from various manifestations of violence,
poverty, lack of opportunities, poor access to education and health services, ill-treatment at
home and various kinds of threat, intimidation and insecurity.
12.
Marginalized children are locked into a vicious cycle of exclusion, stigmatization
and violence, since they start to be perceived as perpetrators themselves, feared by
members of their communities and at times criminalized by the authorities. 6 In a survey
conducted by UNICEF in 2017 about migrant women and children in Libya, three quarters
4
5
6
4
Source: information provided by the Office of the Special Representative of the Secretary-General on
Violence against Children to the Advisory Committee, 24 February 2017.
The Declaration states (A/RES/71/1, para. 6) that, though their treatment is governed by separate
legal frameworks, refugees and migrants have the same universal human rights and fundamental
freedoms. They also face many common challenges and have similar vulnerabilities, including in the
context of large movements.
Source: information provided by the Office of the Special Representative of the Secretary-General on
Violence against Children to the Advisory Committee, 24 February 2017.
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