The Committee considers that the elements to be taken into account when assessing and determining the child’s best interests, as relevant to the situation in question, are: the child’s views; the child’s identity; the preservation of the family environment and maintaining relations; care, protection and safety of the child; situation of vulnerability; the child’s rights to health and to education.
Organisations / Bodies / Institutions Archives: UN Committee on the Rights of the Child
The objective of this general comment is to draw attention to the particularly vulnerable situation of unaccompanied and separated children; to outline the multifaceted challenges in ensuring that such children are able to access and enjoy their rights; and, to provide guidance on the protection, care and proper treatment of unaccompanied and separated children based on the entire legal framework provided by the Convention on the Rights of the Child.
The Joint General Comment of the CMW and CRC contains legally binding obligations that relate both in general and specifically to the protection of the human rights of children and migrants. The comment focuses in particular on States Parties’ legal obligations regarding age assessment procedures, deprivation of liberty, procedural guarantees and other rights of the children.