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international human rights treaties15 including the Convention on the Protection of the Rights of
All Migrant Workers and Members of Their Families, which contains several provisions on the
rights of children of migrant workers.16
30. The Convention on the Rights of the Child is the most comprehensive legal instrument on
the protection of the child, enshrining a set of universal rights that constitute the minimum
standards that States must ensure for every child under their jurisdiction, without discrimination
of any kind, including, but not limited to, on the grounds of age, sex, nationality, migration or
stateless status of the child, his or her parents or legal guardians (art. 2.1).
31. In article 1, the Convention defines a child as “every human being below the age
of 18 years unless, under the law applicable to the child, majority is attained earlier”. Although
the Convention neither focuses on child migration nor defines the migrant child, its provisions
are of the highest relevance to ensure the adequate protection of all children in all circumstances,
including therefore all stages of the migration process.
32. States parties to the Convention must ensure that its provisions and principles are fully
reflected and given legal effect in relevant domestic legislation (art. 4).17 States parties are also to
be guided, in all its actions concerning children, by the overarching principles of
non-discrimination (art. 2), the best interests of the child (art. 3), the right to life, survival and
development (art. 6) and the rights of the child to express his or her views in all matters affecting
him or her and to have them taken into account (art. 12 and general comment No. 5).
33. The international legal framework also recognizes the particular vulnerability of certain
categories of children affected by migration, such as unaccompanied or separated children, as
well as child victims of transnational organized crime.
34. With regard to unaccompanied and separated children, the Committee on the Rights of the
Child, in its general comment No. 6, mentions, for example, the rights of the child to a guardian
in procedures related to border control, repatriation and deportation, and to a legal representative;
15
See the International Covenant on Civil and Political Rights, arts. 14.1, 18.4, 23.4, 24; the
International Covenant on Economic, Social and Cultural Rights, arts. 10.1 and 3, 12.2 (a), 13.3;
the Convention on the Elimination of All Forms of Discrimination against Women, arts. 5 (b),
9.2, 11.2 (c), 16.1 (d)-(f), 16.2; and the International Convention on the Rights of Persons with
Disabilities, arts. 3 (h), 4.3, 7, 8.2 (b), 16.5, 18.2, 23.1 (b), 23.2-5; 24.2 (a), 24.3 (c), 25 (b),
30.5 (d).
16
17
Arts. 4, 12.4, 17.6, 29, 30, 44.2, 45.2-4.
See also Committee on the Rights of the Child, general comment No. 5 on general measures
of implementation for the Convention on the Rights of the Child, paras. 18-25, and
general comment No. 6, para. 14.