A/HRC/53/26
22.
The Special Rapporteur would also like to refer to joint general comment No. 3 of the
Committee on the Protection of the Rights of All Migrant Workers and Members of Their
Families/No. 22 of the Committee on the Rights of the Child (2017) on the general principles
regarding the human rights of children in the context of international migration, in which the
Committees stressed that States parties should develop and put into practice, with regard to
unaccompanied children and children with families, a best-interests determination procedure
aimed at identifying and applying comprehensive, secure and sustainable solutions, including
further integration and settlement in the country of current residence, repatriation to the
country of origin or resettlement in a third country. The Committees noted that solutions
might include medium-term options and ensuring that there were possibilities for children
and families to gain access to secure residence status in the best interests of the child. They
also noted that best-interests determination procedures should be guided by child protection
authorities within child protection systems and that possible solutions and plans should be
discussed and developed together with the child, in a child-friendly and sensitive manner, in
accordance with general comment No. 12 (2009) of the Committee on the Rights of the Child
on the right of the child to be heard.
23.
In 2018, the Global Compact for Safe, Orderly and Regular Migration was adopted
by over 150 Member States, setting out the commitment to build on existing practices to
facilitate access for migrants with an irregular status to an individual assessment that may
lead to regular status, on case-by-case basis and with clear and transparent criteria, especially
in cases where children, youth and families are involved, as an option to reduce
vulnerabilities, as well as for States to ascertain better knowledge of the resident population. 8
In its objective 15, the Global Compact sets out the need for the provision of access to basic
services for migrants and the commitment to ensure that cooperation between service
providers and immigration authorities does not exacerbate the vulnerabilities of migrants in
an irregular situation by compromising their safe access to basic services or by unlawfully
infringing upon the human rights to privacy, liberty and security of person at places of basic
service delivery.9
24.
Under the Global Compact, Governments also agreed to prevent people from
becoming undocumented by reviewing and revising existing pathways for regular migration
in consultation with the private sector and other relevant stakeholders; to develop flexible,
rights-based and gender-responsive labour mobility schemes by providing flexible,
convertible and non-discriminatory visa and permit options; and to develop or build upon
existing national and regional practices for admission and stay on compassionate,
humanitarian or other considerations for migrants compelled to leave their countries of
origin, due to sudden-onset natural disasters and other precarious situations, such as by
providing humanitarian visas, private sponsorships, access to education for children, and
temporary work permits, while adaptation in or return to their country of origin is not
possible.10
25.
On the occasion of the Progress Declaration of the International Migration Review
Forum in 2022,11 Governments agreed to include more commitments and standards relevant
to regularization. In this regard, Governments and other stakeholders recognized that the
availability and flexibility of pathways for regular migration remained limited in many
cases 12 and they committed to strengthening their efforts to enhance and diversify the
availability of pathways for safe, orderly and regular migration, including in response to
demographic and labour market realities, and for migrants in vulnerable situations, as well
as those affected by disasters, climate change and environmental degradation. 13 Other
commitments refer to labour mobility agreements, optimizing educational opportunities,
facilitating access to procedures for family reunification that promote the best interests of the
8
9
10
11
12
13
6
Global Compact for Safe, Orderly and Regular Migration, para. 23 (i).
Ibid., para. 31 (b).
Ibid., para. 21 (c), (d) and (g).
The goal of the Progress Declaration of the International Migration Review Forum is to review the
progress made at the local, national, regional and global levels in implementing the Global Compact
for Safe, Orderly and Regular Migration.
Progress Declaration of the International Migration Review Forum, para. 24.
Ibid, para. 59.
GE.23-06641