A/79/213
provision of free and independent legal advice and representation; a trained guardian
for unaccompanied and separated children immediately on identification;
interpretation by qualified interpreters and/or support from someone familiar with the
child’s ethnic, religious and cultural background; accessible complaints mechanisms;
and ensuring that children should be heard independently of their parents and that
their individual circumstances should considered in a family’s case. 38 In addition, in
the context of international migration, States should adopt measures to facilitate
children’s participation in the design, implementation, monitoring and evaluation of
policies that affect them as individuals or a group either directly or indirectly. 39
B.
Safe and regular pathways, including family reunification
18. The lack of regular and safe channels for children and families to migrate
contribute to children taking life-threatening and extremely dangerous migration
journeys. Regular pathways 40 contribute to reducing the risk of migrants becoming
vulnerable to sexual and gender-based violence, abuse, human trafficking,
exploitation and exclusion, and ensure protection of their human rights and access to
services. 41
19. In the Global Compact for Migration, States committed to adapt options and
pathways for regular migration in a manner that facilitates labour mobility and decent
work, optimizes education opportunities, upholds the right to family life, and
responds to the needs of migrants in a situation of vulnerability, with a view to
expanding and diversifying availability of pathways for safe, orderly and regular
migration. 42 These would include provision of humanitarian visas, private sponsorships,
access to education for children and temporary work permits, together with planned
relocation and visa options, in cases where adaptation in or return to their country of
origin is not possible. 43 Grounds for the admission and stay for children and their
families can be established in international human rights law and in the context of
humanitarian and other considerations relevant to migrants in situations of
vulnerability. Human rights grounds include, inter alia, the right to private and family
life and unity (see sect. C below), the principle of the best interests of the child, and
the principle of non-refoulement. As noted by the United Nations Network on
Migration, even where it is not strictly required by international law, extending
pathways of admission or stay for compassionate, humanitarian or other
considerations can also be done as an exercise of discretion, international cooperation
and solidarity. 44
20. Children have the right to family reunification, 45 which is an important driver
for children migrating alone. Article 10 of the Convention on the Rights of the Child
requires States to deal with applications by a child or his or her parents to enter or
leave a State party for the purpose of family reunification in a positive, humane and
__________________
38
39
40
41
42
43
44
45
8/24
A/HRC/53/26, paras. 35–37, and Committee on the Rights of the Child general comments No. 6
(2005), para. 33, and No. 12 (2009).
Joint general comment No. 3/No. 22 (2017), para. 39.
This includes provision of visas before or on arrival and regularization or granting of residence
and/or work permits or other adjusted migration status for migrants in irregular situations already
on the territory.
United Nations Network on Migration, “Regular pathways for admission and stay for migrants in
situations of vulnerability”, guidance note (2021), para. 2.
Global Compact for Migration, objective 5.
Ibid., para. 21 (g)–(h).
Network on Migration, “Regular pathways”, para. 20.
Always when in a child’s best interests. Convention on the Rights of the Child, arts. 10 and 22,
and International Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families, art. 44.
24-13410