CMW/C/GC/4-CRC/C/GC/23
38.
The Committees are aware that insufficient financial resources often hinder the
exercise of the right to family reunification and that the lack of proof of adequate family
income can constitute a barrier to reunion procedures. States are encouraged to provide
adequate financial support and other social services to those children and their parent(s),
siblings and, where applicable, other relatives.
F.
Protection from all forms of violence and abuse, including exploitation,
child labour and abduction, and sale or traffic in children (articles 11
and 27 of the International Convention on the Protection of the Rights
of All Migrant Workers and Members of Their Families; articles 19, 26,
32, 34, 35 and 36 of the Convention on the Rights of the Child)
39.
Children in the context of international migration, in particular those who are
undocumented, stateless, unaccompanied or separated from their families, are particularly
vulnerable, throughout the migratory process, to different forms of violence, including
neglect, abuse, kidnapping, abduction and extortion, trafficking, sexual exploitation,
economic exploitation, child labour, begging or involvement in criminal and illegal
activities, in countries of origin, transit, destination and return. Such children are at risk of
experiencing violence by State or non-State actors or witnessing violence against their
parents or others, particularly when travelling or residing in an irregular manner. The
Committees draw the attention of States to article 6 of the Hague Convention of 19 October
1996 on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in
Respect of Parental Responsibility and Measures for the Protection of Children under
which the judicial or administrative authorities of the Contracting State have jurisdiction to
take measures directed to the protection of the child’s person or property with regard to
refugee children and children who, due to disturbances occurring in their country, are
internationally displaced and are present on the territory as a result of their displacement.
40.
The Committees are also aware that restrictive migration or asylum policies,
including criminalization of irregular migration, the absence of sufficient safe, orderly,
accessible and affordable regular migration channels or lack of adequate child protection
systems, render migrant and asylum-seeking children, including unaccompanied or
separated children, particularly vulnerable to suffering violence and abuse during their
migration journey and in the countries of destination.
41.
It is essential that States take all necessary measures to prevent and combat the illicit
transfer and non-return of children as well as the worst forms of child labour, including all
forms of slavery, commercial sexual exploitation, the use of children for illicit activities,
including begging, and hazardous work, and protect them from violence and economic
exploitation. The Committees recognize that children face gender-specific risks and
vulnerabilities which should be identified and specifically addressed. In many contexts,
girls may be even more vulnerable to trafficking, especially for purposes of sexual
exploitation. Additional measures should be taken to address the particular vulnerability of
girls and boys, including those who might have a disability, as well as children who are
lesbian, gay, bisexual, transgender or intersex persons, to trafficking for the purposes of
sexual exploitation and abuse.
42.
Undocumented migrant children and parents dependent on residence or work
permits, who can easily be made undocumented by their sponsor/employer, face risks of
being reported to the immigration authorities by public service providers or other officials
or by private individuals. This limits their enjoyment of human rights, including protection
and access to justice, and makes them more vulnerable to violence and to labour and other
types of exploitation and abuse, 27 and could be the result of policies prioritizing the
detection of migrants in irregular status instead of their protection from violence, abuse and
exploitation, making children more vulnerable to experiencing violence or witnessing
27
10
See Committee on the Protection of the Rights of All Migrant Workers and Members of Their
Families, general comment No. 2, para. 2.