Foreword
by Benyam Dawit Mezmur
As children represent today a quarter of all asylum-seekers arriving in Europe , we need more than ever to ensure that they are treated first and foremost as children , regardless of their or their parents ’ migration status . In the context of international migration , the rights of the child should have primacy . The principle of non-discrimination should be respected , and the best interests of the child shall be a primary considerations in all actions or decisions concerning children .
The UN Convention on the Rights of the Child ( UNCRC ), together with other core international human rights treaties , provide a strong set of rights and principles on the protection of children in the context of migration . The UN Committee on the Rights of the Child and the UN Committee on the Protection of the Rights of All Migrant Workers and Members of their Families have developed two complementary Joint General Comments on the human rights of children in the context of international migration , which will provide useful guidance in interpreting and implementing the UNCRC and ensuring strengthened protection of the rights of children in migration .
These Joint General Comments will make clear that detention is not compliant with children ’ s rights and should never be used for reasons related to their or their parents ’ migration status . There is thus a need to create integrated child protection services with equal access for migrant children , and to ensure access to adequate services , such as healthcare and education , or any service that is necessary in each individual case . Unaccompanied children should have equal access to quality care through a range of alternative care options , including community or family-based care . Professionals working with and for children need to be trained . Finally , the right of the child to be heard should be respected in all decisions that affect their lives . In relation to these developments at the UN level , I warmly welcome the joint initiative of Eurochild and SOS Children ’ s Villages International to prepare this compendium of inspiring practices on migrant and refugee children in Europe . The 16 case studies offer practical solutions and are valuable contributions to the debate on how the specific needs and rights of migrant children can be integrated in comprehensive child protection systems and in migration policies at local , regional , national and international level .
This report also has value in highlighting the need to invest in mainstream services for a more inclusive society , and emphasizing the need to ensure equal access for all migrant children . This is in line with the UNGC n . 19 on ‘ Public budgeting for the realization of children ’ s rights ’, which recommends to utilize public budgets to realize all children ’ s rights , including the rights of the most excluded groups of children .
I hope that this compendium will play a part in finding concrete solutions to strengthen the protection of children in migration .
Benyam Dawit Mezmur Member of the United Nations Committee on the Rights of the Child Associate Professor of Law , Dullah Omar Institute for Constitutional Law , Governance and Human Rights , University of the Western Cape
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