A/HRC/11/7
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trafficked mothers are in police custody or detention centres as a result of police or immigration
raids, as highlighted by the Special Rapporteur on the sale of children, child prostitution and
child pornography (A/HRC/7/8).
71. The second area in which States need to enhance protection concerns children from a
migrant background. Children in this category do not necessarily fall into the definition of
migrant children, but they are affected by the immigration background of their parents or family
members. Evidence suggests that States should enhance their efforts to address, from a
rights-based perspective, a number of issues affecting children falling into this category; for
example, the European Commission found that factors lying behind discrimination in education
may apply to subsequent generations of migrants, including in some instances those already
naturalized.43
72. The protection of migrant children in host countries has been addressed by the Special
Rapporteur in his communications44 and country visits,45 in which he identified irregular
migration and its criminalization as situations causing him deep concern in relation to the
effective protection of migrant children. When criminalized, irregular migration has proven to be
a deterrent, for example, for the child’s birth registration, because irregular or undocumented
migrants usually fear imprisonment and/or deportation and therefore try to avoid all contact with
local authorities.46 Barriers to birth registration and/or its denial have serious consequences for
the enjoyment of human rights, including the right to be recognized as a person before the law.47
Furthermore, the State should prevent situations of statelessness.48
43
Green paper on migration and mobility: challenges and opportunities for EU education
systems, Brussels, 2008, para. 2.
44
See E/CN.4/2005/85/Add.1, E/CN.4/2006/73/Add.1, A/HRC/7/12/Add.2 and
A/HRC/11/7/Add.1.
45
See E/CN.4/2003/85/Add.2, A/HRC/11/7/Add.2, A/HRC/11/7/Add.3, E.CN.4/2006/73/Add.2,
E/CN.4/2005/85/Add.3, E/CN.4/2004/76/Add.2, E/CN.4/2002/94/Add.1, A/HRC/7/12/Add.2
and E/CN.4/2003/85/Add.3/Corr.1.
46
No specific information is available on the number of children who may be unregistered for
reasons associated with the migration status of their parents, extended family members, legal
guardians or caregivers. UNICEF has estimated that approximately 48 million child births are
unrecorded each year. See “The rights’ start to life: A statistical analysis of birth registration”,
UNICEF, 2005.
47
In the case of The Yean and Bosico children v. Dominican Republic, the Inter-American Court
of Human Rights, in a judgement of 8 September 2005, referred, inter alia, to the State obligation
to guarantee the right of the child to birth registration, which may under certain circumstances
include non-national children.
48
See Convention on the Reduction of Statelessness, art. 1.