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Key Words Archives: Right to health and health care

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.

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Decision n° 251.051 of 24 June 2021, Council of State (Belgium)

Final decision of the Council of State on the action for suspension and annulment brought by a coalition of associations after the publication of the Royal Decree of 22 July 2018 establishing the modalities of detention of families in migration. The Council of State decides to maintain the provision that allows the deprivation of liberty of families for a maximum period of 4 weeks and declares itself not competent to pronounce on the concrete measures for the functioning of the family homes.

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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.

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UN Committee on the Rights of the Child (CRC), General comment No. 6 (2005): Treatment of Unaccompanied and Separated Children Outside their Country of Origin

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.

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