Unaccompanied Migrant Children and Adolescents and Human Rights

A/HRC/RES/33/7No PDF available

Who created this mandate?

A Resolution of the General Assembly, under agenda item 3Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development, published in 2016.

What other versions does this mandate have?

3 versions · 2015–2017

This is an older version — the most recent is A/HRC/RES/36/5

2017A/HRC/RES/36/5Unaccompanied migrant children and adolescents and human rightsLatestCompare with previous version
2016A/HRC/RES/33/7Unaccompanied migrant children and adolescents and human rightsCompare with previous version
2015A/HRC/RES/29/12Unaccompanied migrant children and adolescents and human rights

Versions are identified automatically by matching titles within the same organ (~97% accuracy on a manual audit).

What subjects does this mandate have?

12 topics

Adolescents Child Migrants Conferences Crime Prevention Family Reunification Immigration Policy International Obligations Refoulement Report Preparation Rights of the Child Technical Cooperation Trafficking in Persons

What does this mandate say?

9 operative paragraphs

Calls upon countries of origin, transit and destination to facilitate family reunification, as appropriate, as an important objective that promotes the welfare and the best interests of unaccompanied migrant children and adolescents, as applicable under national law, due process and the relevant provisions of the Convention on the Rights of the Child and the Optional Protocols thereto, and to comply with the consular notification and access obligations set forth in the Vienna Convention on Consular Relations so that States may, as appropriate, provide child-friendly consular assistance, including legal assistance;

Encourages States to take into account the principle of the best interests of the child as a primary consideration and to promote, protect and respect the rights of children, bearing in mind in particular their needs at all times, including in the process of return to their countries of origin, and ensuring that, in any type of return, whether voluntary or otherwise, the principle of non-refoulement is respected in accordance with applicable international law;

Reminds States that migrant children should not be subject to arbitrary arrest or arbitrary detention, and encourages States to respect the human rights of each child and to take into account, as a primary consideration, the best interests of the child;

Calls upon all States to ensure that their immigration policies are consistent with their obligations under international law, and to promote and protect the human rights of all migrants without discrimination, including by taking steps to increase cooperation and coordination at all levels to address serious human rights violations and abuses, serious crimes, such as the smuggling and trafficking of unaccompanied migrant children, and other abuse and exploitation;

Decides to convene at its thirty-fifth session a panel discussion on the theme, “Unaccompanied migrant children and adolescents and human rights”, the objective of which will be to identify challenges and best practices by countries of origin, transit and destination and possible joint efforts at all levels to protect the human rights of unaccompanied migrant children and adolescents, and requests the United Nations High Commissioner for Human Rights to liaise with States and all stakeholders, including relevant United Nations bodies, agencies, funds and programmes, treaty bodies, special procedures of the Human Rights Council, national human rights institutions and civil society, with a view to facilitating their participation in the panel discussion;

Requests the High Commissioner to prepare a report on the panel discussion in the form of a summary, and to submit it to the Human Rights Council at its thirty-sixth session;

Notes the request made by the Advisory Committee at its sixteenth session to extend the time schedule envisaged to allow for better informed work by, inter alia, taking into account the work currently under way by the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and the Committee on the Rights of the Child, which is scheduled to be finalized at the end of 2016, and requests the Advisory Committee to submit a final report on the global issue of unaccompanied migrant children and adolescents and human rights to the Human Rights Council at its thirty-sixth session;

Invites the special procedures of the Human Rights Council, within their mandates, to continue to give due consideration to the situation of unaccompanied migrant children and adolescents and the impact of this issue on the full enjoyment of their human rights, and to continue to report thereon;

Decides to remain seized of the matter.

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