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Key Words Archives: Right to be heard

Joint general comment No. 3 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW) and No. 22 (2017) of the Committee on the Rights of the Child (CRC) on the general principles regarding the human rights of children in the context of international migration

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.

https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CRC%2fC%2fGC%2f22&Lang=en

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UN Committee on the Rights of the Child (CRC), General comment No. 14 (2013) on the right of the child to have his or her best interests taken as a primary consideration (art. 3, para. 1)

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.

https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CRC%2fC%2fGC%2f14&Lang=en

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Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse

The Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (Council of Europe Treaty Series – No. 201) was adopted by the Committee of Ministers on 25 October 2007 and entered into force on 1 July 2010. It has been ratified by all the member States of the Council of Europe.

https://www.coe.int/en/web/conventions/full-list?module=treaty-detail&treatynum=201

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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

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