CMW/C/GC/4-CRC/C/GC/23
regular migration status or residency permits based on grounds such as family unity, labour
relations, social integration and others.25
2.
Family reunification
32.
Under article 10 of the Convention on the Rights of the Child, States parties are to
ensure that applications for family reunification are dealt with in a positive, humane and
expeditious manner, including facilitating the reunification of children with their parents.
When the child’s relations with his or her parents and/or sibling(s) are interrupted by
migration (in both the cases of the parents without the child, or of the child without his or
her parents and/or sibling(s)), preservation of the family unit should be taken into account
when assessing the best interests of the child in decisions on family reunification. 26
33.
In the case of undocumented children in the context of international migration,
States shall develop and implement guidelines, taking particular care that time limits,
discretionary powers, and/or lack of transparency in administration procedures should not
hinder the child’s right to family reunification.
34.
In the case of unaccompanied or separated children, including children separated
from their parents due to the enforcement of immigration laws, such as the parents’
detention, efforts to find sustainable, rights-based solutions for them should be initiated and
implemented without delay, including the possibility of family reunification. If the child
has family in the country of destination, the country of origin or a third country, child
protection and welfare authorities in countries of transit or destination should contact
family members as soon as possible. The decision as to whether a child should be reunited
with his or her family in the country of origin, transit and/or destination should be based on
a robust assessment in which the child’s best interests are upheld as a primary consideration
and family reunification is taken into consideration, and which includes a sustainable
reintegration plan where the child is guaranteed to participate in the process.
35.
Family reunification in the country of origin should not be pursued where there is a
“reasonable risk” that such a return would lead to the violation of the human rights of the
child. When family reunification in the country of origin is not in the best interests of the
child or not possible due to legal or other obstacles to return, the obligations under article 9
and 10 of the Convention of the Rights of the Child come into effect and should govern the
State’s decisions on family reunification therein. Measures for parents to reunify with their
children and/or regularize their status on the basis of their children’s best interests should
be put in place. Countries should facilitate family reunification procedures in order to
complete them in an expeditious manner, in line with the best interests of the child. It is
recommended that States apply best interest determination procedures in finalizing family
reunification.
36.
When a country of destination refuses family reunification to the child and/or to
his/her family, it should provide detailed information to the child, in a child-friendly and
age-appropriate manner, on the reasons for the refusal and on the child’s right to appeal.
37.
Children that remain in their countries of origin may end up migrating irregularly
and unsafely, seeking to be reunited with their parents and/or older siblings in destination
countries. States should develop effective and accessible family reunification procedures
that allow children to migrate in a regular manner, including children remaining in
countries of origin who may migrate irregularly. States are encouraged to develop policies
that enable migrants to regularly be accompanied by their families in order to avoid
separation. Procedures should seek to facilitate family life and ensure that any restrictions
are legitimate, necessary and proportionate. While this duty is primarily for receiving and
transit countries, States of origin should also take measures to facilitate family
reunification.
25
26
See Committee on the Rights of the Child, report of the 2012 day of general discussion, para. 91. See
also article 69 of the International Convention on the Protection of the Rights of All Migrant Workers
and Members of Their Families.
See Committee on the Rights of the Child, general comment No. 14 (2013) on the right of the child to
have his or her best interests taken as a primary consideration, para. 66.
9