A/79/213
characteristics that can increase the risk of exclusion, discrimination, marginalization
and inequality, such as age, migration status, socioeconomic status, gender, disability,
race, colour, ethnicity, class, religion, being from an Indigenous group, geog raphic
location, health status or LGBTQI identity. 122 Moreover, portability of social
protection benefits for migrant workers is critical to protect their children and families
in countries of origin, including in times of crisis. Bilateral labour migration
agreements must ensure portability, as well as health care on a par with nationals for
children of migrant workers in countries of destination, and equal treatment with
nationals for migrant workers concerning maternity protection and measures to
support the care of dependent family members. 123
47. While children in migration contexts are among the most marginalized young
populations globally, there remain significant gaps and disparities in how they are
reported on by States, if at all. 124 Too often, they are invisible in data, which means
they are unlikely to be accounted for in policies and programmes. 125 In particular, data
is not routinely and consistently generated on many children in highly vulnerable
migration situations, such as unaccompanied and separated children, stateless
children, children in countries of origin whose parents have migrated, and children
with an irregular migration status. There is an urgent need to address data and
evidence gaps on these children to ensure that policies and investments are evidence based and children are kept at the centre of migration policies and processes to r educe
vulnerabilities and risks of marginalization. 126
G.
Child rights-based return and reintegration
48. As with all decisions by States about children, the best-interests principle
applies to return decisions, 127 with the precondition to the return of any child –
whether unaccompanied, separated or within a family – being that return has been
found to be in their best interests through an individual and participative process
aimed at identifying a sustainable solution with the central involvement of child
protection authorities. 128 States are obligated to ensure that any decision to return a
child to his or her country of origin is based on evidentiary considerations on a case by-case basis and pursuant to a procedure with appropriate due process safeguards,
including a robust individual assessment and best-interests determination. This
procedure should ensure, inter alia, that the child, upon return, will be safe and
provided with proper care and enjoyment of rights. 129 Return is only one of the
sustainable solutions for children, with others including regularization and integration
in countries of residence – either temporarily or permanently – according to each
child’s circumstances, resettlement in a third country (in cluding on family
reunification grounds), or other solutions on a case-by-case basis. 130
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124
125
126
127
128
129
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Nupur Kukrety and Daniela Knoppik, “Leaving no one behind: A case for inclusive social
protection for displaced children”, International Social Security Review, vol. 76, No. 4 (2023).
Network on Migration, Global Guidance on Bilateral Labour Migration Agreements, para. F.1.
International Data Alliance for Children on the Move, “Data and statistics for children on the
move: Essential sources and good practices” (2023), pp. 1–2.
Ibid., “Children on the move: Key terms, definitions and concepts” ( 2023), p. 2.
IOM, “Youth and migration”, p. 31.
Convention on the Rights of the Child, art. 3.
Committee on the Rights of the Child, general comment No. 6 (2005), para. 84, United Nations
Network on Migration, “Ensuring safe and dignified return and sustainable reintegration ”,
position paper (March 2021), para. 2.
Joint general comment No. 3/No. 22 (2017), para. 33, and Committee on the Rights of the Child,
Z.S and A.S v. Switzerland, para. 7.6.
Joint general comment No. 3/No. 22 (2017), para. 33.
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