Committee on the Rights of the Child

The scope of the Note is on the “rights ‡ of the child” as per article 1 of the Convention on the Rights of the Child (CRC). [...] The extremely unequal distribution of income and † The complexity of migration dynamics has led to the conceptualization of different categories of migrants and the use of specific terminology in the literature (e.g. [...] 189) Particularly relevant to the situation of children in the context of migration are: the Convention on the Rights of the Child (CRC) and its three Optional Protocols; the International Covenant on Economic, Social and Cultural Rights (ICESCR); the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and its Optional Protocol; and the Convention on the Rights of Al. [...] As clarified by the Court, “the obligation to respect and ensure the principle of the right to equal protection and non-discrimination is irrespective of a person‟s migratory status in a State.” On 6 July 2011, the governments of MERCOSUR requested an Advisory Opinion of the Inter-American Court of Human Rights on the protection of the rights of migrant children in the Inter-American Human Rights. [...] Also, “[c]onsistent with article 10 of the Convention on the Rights of the Child and all other relevant universally recognized human rights instruments, [States] must recognize the vital importance of family reunification and promote its integration into their national legislation in order to ensure 77 the protection of the unity of the families of documented migrants”[emphasis added].