A/HRC/15/29 59. The right to an identity has been recognized in articles 7 and 8 of the Convention on the Rights of the Child and article 24 of the International Covenant on Civil and Political Rights. Registering their birth is a critical first step in ensuring the rights of all children in the context of migration. The Committee on the Rights of the Child has made clear that the right to be registered immediately after birth extends equally to “asylum-seeking, refugee or migrant children – irrespective of their nationality, immigration status or statelessness”. In order to fulfil adequately the right of the child to birth registration, the State must record the birth in the relevant civil register, and provide the child with a birth certificate which includes all relevant information (including the child’s name, place of birth, and all available information concerning the child’s mother and father), ideally free of charge, and easily available to all without discrimination. 60. Birth registration can facilitate the reunification of separated children with their parents and family members. Article 9 of the Convention on the Rights of the Child obliges States to ensure that children are not separated from their parents against their will. The principle of family unity has an important protective function for children in the context of migration, particularly in the situation of unaccompanied and separated children.50 Family reunification also constitutes a key element of integration policies. 61. Yet, it is apparent that regulations have become more severe in various countries, imposing new restrictions that make family reunification more difficult.51 The underlying assumption of policies in many States is that reunification should take place in the country of origin, yet general comment No. 6 of the Committee on the Rights of the Child makes clear that the best interests of the child should be the primary consideration, and reunification in the country of origin should not be pursued when there is “reasonable risk” that such a return would lead to the violation of fundamental human rights of the child (para. 82). Article 10 of the Convention establishes that reunification must always be considered in light of the best interests of the child. G. Access to social services:52 Health 62. Article 24 of the Convention provides that every child has the right to the highest attainable standard of health and to facilities for the treatment of illness and rehabilitation of health and urges States to “ensure that no child is deprived of his or her right of access to such health care services”. The Committee on Economic, Social and Cultural Rights notes the State obligation to respect the right to health by, “inter alia, refraining from denying or limiting equal access for all persons, including … asylum seekers and illegal immigrants, to preventive, curative and palliative health services.”53 In prohibiting discrimination based on nationality, the Committee notes, for example, that all children within a State, including those with an undocumented status, have the right to receive affordable health care.54 63. Migrant children can be prevented from gaining effective access to health care in a number of ways beyond express prohibition: high costs can make access unaffordable; the 50 51 52 53 54 The family has been recognized as the natural and fundamental group unit of society in inter alia art. 23 of the International Covenant on Civil and Political Rights. Global Migration Group, “Fact-Sheet on the Impact of the Economic Crisis on Migration and Children’s Rights” (October 2009). See report of the United Nations High Commissioner for Human Rights to the Economic and Social Council, E/2010/89 (forthcoming). Committee on Economic, Social and Cultural Rights, general comment No. 14 on the right to the highest attainable standard of health (art. 12). Committee on Economic, Social and Cultural Rights, general comment No. 20. 15