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vulnerabilities, States agreed to draw from actions that include building on existing
practices to facilitate access for migrants in an irregular status to an individual
assessment that may lead to regular status, on a case-by-case basis and with clear and
transparent criteria, especially in cases where children, youth and families are
involved. 55 The United Nations Network on Migration has noted the variety of
purposes for which regularization programmes are commonly used by States for
migrants in an irregular situation already on the territory, including specific
regularization pathways for survivors of sexual and gender-based violence, sexual or
labour exploitation or human trafficking and many examples exist of criteria for
regularization that are particularly relevant for children. These include enduring
emotional, personal, economic or social ties to the destination country; children
whose best interests are determined to be served through local integration with secure
status; and children who have lived in the country of residence since childhood and
would otherwise risk becoming undocumented at 18 years of age. 56
C.
Protection of family life and family unity
24. In the Convention on the Rights of the Child, the family is recognized as the
natural environment for the growth and well-being of all its members and particularly
children, and it includes a call on States to afford the necessary protection and
assistance to enable families to assume their responsibilities. 57 This reflects the
critical role of families both in children’s development and in the ability of children
to realize their rights. 58 The Committee on the Rights of the Child and the Committee
on Migrant Workers have reaffirmed that children and families in the context of
international migration should not be subjected to arbitrary or unlawful interference
with their family life, including children’s relationships with siblings, and that
positive measures should be taken by States to maintain the family unit, including
reuniting separated family members. 59 They have reiterated that the expulsion of a
child’s parent(s) based on a breach of immigration laws is disproportionate, as a
child’s right to family life and the impact on the child’s development is not
outweighed by advantages obtained by expelling the parent(s) based on an
immigration-related offence. 60 The Committee on the Rights of the Child has clarified
that “family” must be interpreted in a broad sense to include biological, adoptive or
foster parents or, where applicable, the members of the extended family or community
as provided for by local custom. 61
25. The unity of a family is a protective factor for children in the context of
migration and assists in the integration (or reintegration) of children and families,
hence the importance of considering family unity in assessing the best interests of
children who have had family relations disrupted by migration processes. 62 Separating
a family by deporting or removing a family member from a State’s territory, or
refusing to allow a family member to enter or remain in the territory, may amount to
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55
56
57
58
59
60
61
62
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Global Compact for Migration, objective 7, para. 23 (i).
Network on Migration, “Regular pathways”, paras. 26–27.
Convention on the Rights of the Child, preamble, para. 6. See also International Covenant on
Civil and Political Rights, art. 23 (1), International Covenant on Economic, Social and Cultural
Rights, art. 10 (1), and International Convention on the Rights of All Migrant Workers and
Members of Their Families, art. 44.
Committee on the Rights of the Child, general comment No. 7 (2005), para. 15.
Joint general comment No. 4/No. 23 (2017), paras. 27 and 32; Convention on the Rights of the
Child, arts. 8, 10 and 16.
Joint general comment No. 4/No. 23 (2017), para. 29.
Committee on the Rights of the Child, general comment No. 14 (2013), para. 59, and Committee
on the Rights of the Child, Y.B and N.S v. Belgium (CRC/C/79/D/12/2017), paras. 8.11–8.12.
A/HRC/15/29, para. 60.
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