A/HRC/53/26 19. “Regularization” is considered to be any process or procedure through which someone can be granted a residence permit from a government authority regularizing their stay in the country in which they live. The person applies under such procedures when they are already in the territory, including when arriving and/or residing irregularly. The process for applying for regularization differs from that used to obtain residence and work permits, which must be applied for from another country prior to or upon regular arrival. Regularization can also occur through policy amendments that exempt a specific nationality from the requirement to hold a residence permit in the country. Regularization is subdivided into three categories: regularization programmes, consisting of national measures that are not part of the regular policy framework, have a limited time period in which to apply and typically target particular categories of non-nationals in irregular situations; regularization mechanisms, which are part of the regular migration law and policy framework, with applications accepted on a rolling basis, and thus are permanent measures; and regularization initiatives, which are based on existing mechanisms in the policy framework and are aimed at putting a mechanism into practice. All three types of regularization may be time-bound and are often undertaken by local or regional authorities in a specific city or region. Regularization initiatives can be followed by awareness-raising campaigns, legal assistance and other support targeting migrants in irregular situations.6 People can find themselves in a so-called “limbo” situation, in which they experience the rejection of their request for asylum or bureaucratic and lengthy asylum and/or migration procedures, leading to a protracted, indefinite and undefined legal and social situation. 2. International framework on regularization 20. The international normative and policy framework on regularization comprise references to both government commitments and aspects that regularization initiatives should meet. The United Nations human rights treaties establish important provisions relating to the human rights of all migrants, including those in an irregular situation. For example, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families requires States parties to take appropriate measures to address the situation of migrants in an irregular situation and to consider the possibility of regularizing their situation. Specifically, article 69 of the Convention provides that States parties shall, when there are migrant workers and members of their families within their territory in an irregular situation, take appropriate measures to ensure that such a situation does not persist, and that whenever the States parties concerned consider the possibility of regularizing the situation of such persons in accordance with applicable national legislation and bilateral or multilateral agreements, appropriate account shall be taken of the circumstances of their entry, the duration of their stay in the States of employment and other relevant considerations, in particular those relating to their family situation. 21. It is important to mention that States parties should also respect and realize the rights of all children as enshrined in the Convention on the Rights of the Child, including its guiding principles: the principle of non-discrimination and of the best interests of the child, the right to be heard and the right to life, survival and development. In a joint general comment, the Committee on the Rights of the Child and the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families issued guidance specifically recommending that States parties ensure that regularization procedures are clear and accessible for children and their families. With regard to the States parties’ obligations, in particular with respect to countries of transit and destination, the Committees recognized the negative impacts on children’s well-being of having an insecure and precarious migration status. The Committees therefore recommended that States ensure that there were clear and accessible status determination procedures for children to regularize their status on various grounds, such as length of residence.7 6 7 GE.23-06641 Platform for International Cooperation on Undocumented Migrants, “Regularization mechanisms and programmes: why they matter and how to design them” (2022). Joint general comment No. 4 of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families/No. 23 of the Committee on the Rights of the Child (2017) on State obligations regarding the human rights of children in the context of international migration in countries of origin, transit, destination and return, para. 18. 5