A/79/213
arbitrary or unlawful interference with family life, and a best -interests procedure must
always be carried out in the context of a potential separation of a child from the
parent. 63 Therefore, to protect children’s survival and development rights and right to
family unity, the focus must be on preventing family separation by permitting families
to move together, and ensuring fast reunification if families are separated.
26. As previously recommended by my predecessor in relation to temporary labour
migration, States should ensure family reunion policies, multiple re-entry permits and
access to permanent pathways for migrant workers to enable spouses and children to
join them in destination countries. 64 Recent guidance also states that bilateral labour
migration agreements should facilitate the admission of a migrant worker’s family
members and family reunification, and that such agreements should consider the best
interests of the dependent children of migrant workers and the preservation of the
family unit in their family reunification policies. 65 Recognizing the heightened
vulnerability of children affected by migration processes, the Committee on the
Rights of the Child and the Committee on Migrant Workers have also urged that child
welfare agencies be properly included in the development of bila teral, regional and
international agreements that affect children’s rights. 66 As the temporary labour
migration of parents directly affects their children, it is essential that labour migration
policies and agreements include a proper assessment of children’s best interests in
their design and evaluation.
27. When family unity is constrained by temporary labour migration policies that
do not permit family accompaniment for migrant workers, it is critical that States
make efforts to preserve transnational family relationships, including by supporting
parents to remain active and present in their children’s lives. This includes having
specific provisions in bilateral labour migration agreements that create opportunities
for regular reunification between dependent children and their parents. 67 The impacts
of separation from parents for children remaining in countries of origin will vary
based on the individual circumstances of children and their parents, families and
communities, as well as the policies and practices of the receiving State and
individual employers. However, factors that can assist in preserving family life and
family relations for the children of migrant workers include a family’s pre -migration
situation, family preparedness for periods of separation, the quality and suitability of
alternate caregivers, a parent’s capacity to make return visits and the availability of
the means and support to maintain transnational family relationships. 68
D.
Children’s rights at borders and initial reception
28. In the absence of safe and regular pathways, children face significant dangers
in transit and at borders. Pushbacks of children by States at some borders represent a
failure to protect children’s rights. The Convention on the Rights of the Child requires
States to take appropriate measures to ensure that children in migration contexts,
whether unaccompanied or accompanied by their parents or any other person, receive
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63
64
65
66
67
68
24-13410
Joint general comment No. 4/No. 23 (2017), para. 28, and Committee on the Rights of the Child,
O.M. v. Denmark (CRC/C/94/D/145/2021), para. 8.5.
A/78/180, para. 68 (j).
United Nations Network on Migration, Global Guidance on Bilateral Labour Migration
Agreements (2022), chap. III, para. A.6; see also OHCHR, “Human rights and temporary labour
migration programmes in and from Asia and the Pacific”, 2022.
Joint general comment No. 4/No. 23 (2017), para. 65.
Network on Migration, Global Guidance on Bilateral Labour Migration Agreements, chap. III,
para. A.6.
UNICEF, “Children ‘Left Behind’”, working paper, and Network on Migration, Global Guidance
on Bilateral Labour Migration Agreements, p. 75.
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