CMW/C/GC/3-CRC/C/GC/22
article 3 reinforces the functionality of article 12, facilitating the essential role of children in
all decisions affecting their lives.13
38.
States parties should take all appropriate measures aimed at ensuring children’s right
to be heard in the immigration procedures concerning their parents, in particular where the
decision could affect the children’s rights, such as the right to not be separated from their
parents, except when such separation is in their best interests (see art. 9 of the Convention
on the Rights of the Child).
39.
States parties should adopt measures directed at facilitating the participation of all
children in the context of international migration in the design, implementation, monitoring
and evaluation of policies that could directly or indirectly affect them, as individuals or a
group, including in the fields of social policies and social services. Initiatives should be
taken to prepare girls and transgender children to participate actively, effectively and
equally with boys at all levels of social, economic, political and cultural leadership. In
countries of origin, the participation of children is paramount in developing policies on and
in processes aimed at addressing drivers of the migration of children and/or their parents
and developing policies in that regard. In addition, States should adopt measures aimed at
empowering children affected by international migration to participate on different levels,
through consultations, collaborations and child-led initiatives, and at ensuring that civil
society organizations, including children associations and child-led organizations, can
participate effectively in policy dialogues and processes on children in the context of
international migration, at the local, national, regional and international levels. Any
limitations on children’s freedom of association, including through legally establishing
associations, should be removed.
D.
Right to life, survival and development (article 9 of the International
Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families; article 6 of the Convention on the Rights of
the Child)
40.
Article 6 of the Convention on the Rights of the Child highlights the States parties’
obligations to ensure the right of life, survival and development of the child, including the
physical, mental, moral, spiritual and social dimensions of his or her development. 14 At any
point during the migratory process, a child’s right to life and survival may be at stake owing
to, inter alia, violence as a result of organized crime, violence in camps, push-back or
interception operations, excessive use of force of border authorities, refusal of vessels to
rescue them, or extreme conditions of travel and limited access to basic services.
Unaccompanied and separated children may face further vulnerabilities and can be more
exposed to risks, such as gender-based, sexual and other forms of violence and trafficking
for sexual or labour exploitation. Children travelling with their families often also witness
and experience violence. While migration can provide opportunities to improve living
conditions and escape from abuses, migration processes can pose risks, including physical
harm, psychological trauma, marginalization, discrimination, xenophobia and sexual and
economic exploitation, family separation, immigration raids and detention. 15 At the same
time, the obstacles children may face in gaining access to education, adequate housing,
sufficient safe food and water or health services can negatively affect the physical, mental,
spiritual, moral and social development of migrant children and children of migrants.
41.
The Committees acknowledge that the lack of regular and safe channels for children
and families to migrate contribute to children taking life-threatening and extremely
dangerous migration journeys. The same is true for border control and surveillance
measures that focus on repression rather than facilitating, regulating and governing mobility,
13
14
15
10
Ibid., para. 74.
See Committee on the Rights of the Child, general comment No. 5 (2003) on general measures of
implementation of the Convention, para. 12.
See Committee on the Rights of the Child, general comment No. 20 (2016) on the implementation of
the rights of the child during adolescence, para. 76.