A/HRC/14/30/Add.3
awareness-raising efforts to prevent abusive practices by employers in respect of
prospective migrant domestic workers before they enter the United Kingdom;
(e)
Strengthen efforts to ensure compliance with the national minimum
wage and enforce the registration of new employers with the Inland Revenue
whenever a new domestic worker visa is issued, as a measure to address the alleged
invisibility of employment in private households and ensure accountability of
employers in cases of abuse and exploitation;
(f)
Consider the difficulties that migrant domestic workers and other
migrant workers encounter in securing “continuous employment” and, accordingly,
remove the barriers in the law, notably in the Border, Citizenship and Immigration
Bill, that increase the vulnerability of migrant workers.
77.
In relation to the protection of children in the context of migration, the Special
Rapporteur recommends that the Government:
(a)
Ensure the protection of migrant children accompanied by their families
from detention and guarantee that migration laws include actual regulations that
realize children’s rights and needs in such circumstances;
(b)
Take all necessary steps to ensure the proscription of deportation of
unaccompanied children and disputed-age cases as a punishment for irregular
migration status and accordingly consider repatriation of children only if this is in
their best interest, affording them, in any case, all judicial guarantees;
(c)
Continue to take measures to bring its legislation into line with the
Convention on the Rights of the Child and consider fully implementing the
recommendations made by the Committee on the Rights of the Child,59 including by
both ensuring that the independence of all four children’s commissioners is not
limited by their mandate and that the posts are established in full compliance with the
Paris Principles and considering the establishment of an independent oversight
mechanism for assessing reception conditions for unaccompanied children, including
those who have to be returned;
(d)
Consider mainstreaming into its policies the Guidelines on International
Protection: Child Asylum Claims under Articles 1A (2) and 1 (F) of the 1951
Convention and/or the 1967 Protocol relating to the Status of Refugees, adopted by
UNHCR on 22 December 2009;60
(e)
Increase efforts to integrate migrant children and children from a
migrant background and their families into early childhood and language command
programmes;
(f)
Strengthen efforts to raise awareness on child protection measures and
welfare services available to separated and unaccompanied children;
(g)
Consider regularization and naturalization alternatives for failed
unaccompanied asylum-seeking children who have been granted discretionary leave
to remain until the age of 17 and a half;61
59
60
61
20
CRC/C/GBR/CO/4, inter alia, paras. 16–17; 25–26; 66–67; 70–71.
HCR/GIP/09/08.
Changes introduced by the new asylum model include timing any granting of limited leave to expire
when children reach 17 and a half years. See, inter alia, Home Office, “Planning Better Outcomes and
Support for Unaccompanied Asylum Seeking Children”, 2007, para. 41.
GE.10-12095