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Human Rights of Children in the Context of Large Movements o

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pablo ceriani

on 1 June 2016

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Transcript of Human Rights of Children in the Context of Large Movements o

Human Rights of Children in the Context of Large Movements of Migrants and Refugees
Pablo Ceriani Cernadas
UN Committee for the Protection of the Rights of All Migrant Workers and Their Families
Best Interest Principle
CRC General Comment No. 14
BIP as a Principle, a Right, and a Rule of Procedure
Best Interest Assessment in every case
Individual assessment

Best Interest Determination (BID)
Unaccompanied children
Radical, essential shift of policies & practices
Broad Institutional & Procedural Framework
Specific additional procedures
Short, medium and long term rights' based measures
Bilateral/Regional/Global Co-ordination
Role of Consular Protection and Child Protection in Origin
Negative Obligations
Root Causes / International Co-operation
Root Causes
Child Policies in Origin
+ Structural factors
Related policies (Labor, Trade, Health, Foreing Investment / Debt, Justice, etc.)
Pull Factors
Labor market
Right to Leave the country?
Irregular migration became structural
Primacy of the Comprehensive Protection of Children over Migration Policy Goals
Bridging gaps
New Challenges: Dynamic, effective and comprehensive interpretation
Interdependence of Human Rights, Refugee, Humanitarian and Labor Conventions
Migration policies & Practices through the 4 CRC Core Principles
Best Interest; Non Discrimination; Right to be Heard; Right to Survival & Development
Institutional Framework
Role of Child Protection Bodies in origin/transit/destination
Inter-institutional co-ordination integral approach
Principle of
Non Deportation
Unaccompanied Children
BID: Return as one of the protection durable solution

Migrant Families
Return as a BI's based decision, rather than a punitive measure
Children's rights as alternative to deportation response to irregular migration
Principle of Non Detention
Never in children's best interest
Discrimination based on nationality/migration status
Impact on Child Development
No right to be heard
CRC/CMW and other HR Law Instruments should inform any migration policy, practice, programme, decision

However: Enormous Gaps / Double Deficit
Invisibility of Children's Rights within Migration Policies
Invisibility of Migrants' Rights within Child Policies
Unaccompanied children
Migrant Families
BI + Right to Liberty + Family Unit
Positive obligation: Children rights' based alternatives to detention
Focus strongly different from migration control approach
Due Process
BI as Rule of Procedure
Right to be heard
Children & Adults procedures
Access to justice and effective remedies
Right to free legal aid
Trained on Children/Migrants/Refugees' Rights
Right to Consular Protection
Right to a Guardian
Independent /
Entire Process
CRC G. Comment No. 6

Other key issues
Economic, Social and Cultural Rights
Non Discrimination, right to development
Family Life
Protection of Family Unit
Family Reunification: regular migration channels
Gender approach to Child Migrants' protection
Children's rights based data
Parents' Rights & Impact on Children
Eg. Regularization / Right to Work / Working conditions
CRC Parents' duties? SDGs?
Children beyond 18 yrs
International Co-operation
Role of HR Law and Mechanisms
CRC-CMW: Complementary Approach
CMW as key instrument on co-operation / minimum standards
Joint General Comment
Full transcript