CMW/C/GC/4-CRC/C/GC/23
46.
States should take all appropriate legislative and administrative measures, including
a gender dimension, to regulate and protect the employment of migrant children with
respect to the minimum age of employment and hazardous work. Given the specific risk to
which migrant children are exposed, States shall also ensure that, in both law and practice,
all necessary measures, including the provision of appropriate penalties, be taken by the
competent authority to guarantee the effective enforcement of the provisions of the
Convention on the Rights of the Child and relevant international standards and that migrant
children:
• Enjoy fair terms of employment as well as decent working conditions, in line with
internationally accepted standards
• Enjoy specific protective measures regulating the hours and conditions under which
children can work
• Are subject to periodic medical examinations attesting to their fitness for work
• Have access to justice in case of violation of their rights by public or private actors,
including by ensuring effective complaints mechanisms and a firewall between
labour rights and immigration enforcement
47.
With respect to social security, migrant children and their families shall have the
right to the same treatment granted to nationals, insofar as they fulfil the requirements
provided for by the applicable legislation of the State and the applicable bilateral and
multilateral treaties. The Committees consider that in cases of necessity, States should
provide emergency social assistance to migrant children and their families regardless of
their migration status, without any discrimination.
48.
In cases of migrant families, including with children born to migrant parents, the
Committees stress the interdependence between parental responsibilities for the upbringing
and development of the child under articles 5 and 18 of the Convention on the Rights of the
Child and labour rights for migrant workers under relevant provisions of the International
Convention on the Protection of the Rights of All Migrant Workers and Members of Their
Families. Therefore, States should, as far as possible, take measures to ensure that the rights
at work of migrant parents, including those in an irregular situation, are fully respected.
H.
Right to an adequate standard of living (article 45 of the International
Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families; article 27 of the Convention on the Rights
of the Child)
49.
States should ensure that children in the context of international migration have a
standard of living adequate for their physical, mental, spiritual and moral development. As
provided in article 27 (3) of the Convention on the Rights of the Child. States, in
accordance with national conditions and within their means, shall take appropriate
measures to assist parents and others responsible for the child to implement this right and
shall in case of need provide material assistance and support programmes, particularly with
regard to nutrition, clothing and housing.
50.
States parties should develop detailed guidelines on standards of reception facilities,
assuring adequate space and privacy for children and their families. States should take
measures to ensure an adequate standard of living in temporary locations, such as reception
facilities and formal and informal camps, ensuring that these are accessible to children and
their parents, including persons with disabilities, pregnant women and breastfeeding
mothers. States should ensure that residential facilities do not restrict children’s day-to-day
movements unnecessarily, including de facto restriction of movement.
51.
States should not interfere with children’s right to housing by means of measures
which prevent migrants from renting properties. Measures should be taken to ensure that
migrant children, regardless of their status, are able to access homeless shelters.
52.
States should develop procedures and standards to establish firewalls between public
or private service providers, including public or private housing providers, and immigration
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