The Committee for the Protection of the Rights of All Migrant Workers and Members of Their Families and the Committee on the Rights of the Child adopted two joint general comments in order to protect the rights of child migrants.
Joint general comment No. 3 of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 22 of the Committee on the Rights of the Child on the general principles regarding the human rights of children in the context of international migration (CMW/C/GC/3-CRC/C/GC/22) as well as Joint general comment No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 23 of the Committee on the Rights of the Child on State obligations regarding the human rights of children in the context of international migration in countries of origin, transit, destination and return (CMW/C/GC/4-CRC/C/GC/23) have emerged through a series of global and regional consultations held from May to July 2017, as well as through written contributions from UN agencies, non-governmental organizations and states from November 2015 to August 2017.
Joint general comments once again highlighted the principles of non-discrimination, the right to life, survival and development, the right to be heard and to participate, the best interests of the child and right to liberty and freedom. The Committees have stressed the need for the complete abolition of detention of children in the context of migration – the detention of any child due to their migration status or the status of their parents constitutes a violation of the rights of the child and stands against the principle of the best interests of the child. In that sense, both Committees have repeatedly confirmed that children must never be detained for reasons relating to their status or status of their parents, and that states should cease the practice of immigration detention for children.
The basic message of the adopted documents is that children must first and foremost be treated as children, regardless of their nationality and their status and status of their parents. In that sense, states should work on adopting new laws and amending existing laws and their effective implementation in order to ensure the rights of all children in the context of international migration.
General comments were made in response to numerous violations of human rights of migrant children. Many problems arise at borders and turbulent seas, where they are exposed to unscrupulous smugglers. Many of them never reach their final destination. They are at risk of illness, injuries, violence, including sexual violence, abuse and neglect, forced labor and trafficking. These risks multiply when it comes to unaccompanied children. Children often do not have access to adequate health care and education, they are often separated from the family, with little to no chance of family reunification.
Joint general comments relate to all these violations of human rights with the aim of eradicating them.