A/79/213
treatment or punishment, enforced disappearance, or other irreparable harm, either in
the country to which removal is to be effected or in any country to which the child may
subsequently be removed. These include risks of child marriage, other forms of sexual
and gender-based violence, 30 child recruitment, human trafficking, and exploitation
and abuse, including the worst forms of child labour. The particularly serious
consequences for children of insufficient provision of food or health services should
also be considered in the assessment of risk. 31
15. The Committee on the Rights of the Child and the Committee on Migrant
Workers have highlighted risks to children’s lives and survival in migratory processes
due to, inter alia, violence from organized crime, violence in camps, pushback or
interception operations, excessive use of force by border authorities, refusal of vessels
to rescue people, extreme travel conditions, immigration raids, detention and
deportation practices, limited access to basic services, and family separation. 32 States
are obligated to protect children from migration-related risks that may jeopardize their
right to life, survival and development, and to ensure that children in the context of
migration, regardless of their or their parent’s status, have a standard of living
adequate for their physical, mental, spiritual and moral development. 33 This includes
promoting leisure and play, which encourage the fullest possible development of a
child’s personality. Too often, migrant children’s survival and development rights in
transit and destination countries are limited by constraints on their or their parents’
rights.
4.
Right to be heard
16. In accordance with article 12 of the Convention on the Rights of the Child,
children’s views must be heard in all matters affecting them and given due weight
based on age and maturity and in line with the child’s evolving capacity. Participation
is both a fundamental right of every child and a means of realizing other rights, 34 with
an inherent interconnectedness between children’s right to be heard and to have their
best interests be a primary consideration in decision-making affecting them.
Article 12 recognizes children’s agency, which is essential in migration contexts, as
children’s views on their migratory situations may differ significantly from that of
family members or other sections of their communities: they may have different
reasons to stay or leave and may be differently affected by migration decisions. 35 My
predecessor has expressed concern that in some countries accompanied children may
be denied their right to be heard and are treated as a “footnote” to their parents’ files,
meaning that child-specific or individual reasons for granting asylum or other regular
status may be overlooked. 36 Research has shown that children, particularly
adolescents, see themselves as primary agents in their migration journey and are able
to articulate their perspectives, experiences, needs and aspirations. 37
17. For children’s right to be heard to be meaningful in their or their families’
migration-related cases, due process must include provision of relevant information
in the child’s own language in a timely, child-sensitive and age-appropriate manner;
__________________
30
31
32
33
34
35
36
37
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See Committee on the Rights of the Child, F.M.A and H.K.A. v. Denmark (CRC/C/93/D/140/2021),
paras. 7.7–7.8.
Committee on the Rights of the Child, general comment No. 6 (2005), para. 27; and Committee
on the Rights of the Child, D.D. v. Spain (CRC/C/80/D/4/2016), para. 14.4.
Joint general comment No. 3/No. 22 (2017), paras. 40–41.
Ibid, paras. 42–43.
UNICEF, “Children’s participation in the work of NHRIs” (2018), p. 7.
Committee on the Rights of the Child, Z.S and A.S v. Switzerland, (CRC/C/89/D/74/2019),
para. 7.8.
A/HRC/53/26, para. 69.
See, for example, UNICEF, Reimagining Migration Responses.
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