Joint General Comment on State obligations regarding the human rights of children in the context of international migration in countries of origin, transit, destination and return

Committee on the Rights of the Child & Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families

The Committee on the Rights of the Child (CRC Committee) and the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW Committee) jointly adopted two general comments on the human rights of children in situations of international migration in September 2017. The 'Joint General Comment on State obligations regarding the human rights of children in the context of international migration in countries of origin, transit, destination and return' states that "Both Committees have repeatedly affirmed that children should never be detained for reasons related to their or their parents’ migration status and States should expeditiously and completely cease or eradicate the immigration detention of children. Any kind of child immigration detention should be forbidden by law and such prohibition should be fully implemented in practice." The Joint General Comment further states that unaccompanied minors should not be detained either for the migration status or on the basis of being unaccompanied or separated.

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