The Joint General Comment of the CMW and CRC addresses the human rights of all children, independently of their or their parents’ status, in the context of international migration. Fundamental principles like non-discrimination, the best interests of the child and the right to be heard need to be integrated by States Parties into migration-related frameworks, policies and practices.
Key Words Archives: Non-discrimination
Charter of Fundamental Rights of the European Union
The Charter entered into force on 01/12/2009. According to art. 6 of the Treaty on European Union the rights, freedoms and principles set out in the Charter shall have the same legal value as the Treaties.
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:12012P/TXT
Convention on the Rights of the Child
The Convention was adopted by resolution 44/252 of 20 November 1989 at the Forty-fourth session of the General Assembly of the United Nations. It entered into force on 2 September 1990. The States Parties amount to 196 (in October 2021) and is the most widely ratified international instrument world-wide. The Convention provides for a set of rights to which all children are entitled.
https://www.ohchr.org/en/professionalinterest/pages/crc.aspx
Joint general comment No. 4 (2017) of the UN Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW) and No. 23 (2017) of the UN Committee on the Rights of the Child (CRC) on State obligations regarding the human rights of children in the context of international migration in countries of origin, transit, destination and return
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.