Table 3. CRC general comments and optional protocols relevant in the consideration of U.S. policies and procedures regarding unaccompanied children.
Human rights norm/principle | General comments and optional protocols |
---|---|
Best interests of the child | GC 6 states that the principle of the best
interests of the child “must be respected during all stages of
the displacement cycle” for unaccompanied and separated
children GC 14 states that decisions and implementation measures made by administrative authorities in areas, including, among others, asylum and immigration, “must be assessed and guided by the best interests of the child” GC 14 instructs states to understand that the best interests of children in a situation of vulnerability (including being a refugee or an asylum seeker) are different and unique, and that states must regard the additional rights of children set by other conventions |
The entitlement of all human beings to basic human rights, regardless of their citizen status | GC 6 instructs States to not return a child to their country of origin for reunification when there is risk of harm; acknowledges that the rights within the CRC are directed at non-citizen children, irrespective of nationality or immigration status GC 13 charges States as de facto caregivers for unaccompanied children outside their country of origin |
The right to life and security, including freedom from arbitrary arrest or detention | GC 6 states that policing of unaccompanied
children is only acceptable in very limited and specific circumstances
and must represent the least intrusive option GC 13 defnes children's “placement in … humiliating or degrading conditions of detention” as mental violence GC 13 urges governments “to make use of institutionalization and detention only as a last resort and only if in the best interest of the child.” |
The right to freedom from all forms of violence | GC 6 identifies unaccompanied and separated children as particularly vulnerable to abuse, exploitation, discrimination and maltreatment |
Protection from armed conflict, trafficking, and exploitation | Optional Protocol to the CRC on the
Involvement of Children in Armed Conflict helps understand armed
conflict and violence as factors for minors feeing their
countries Optional Protocol to the Convention on the Rights of the Child—the Sale of Children, Child Prostitution and Child Pornography is relevant to understanding the vulnerability of unaccompanied minors to human trafficking and prostitution |
The right to health | GC 15 defends a child's right to health as an international obligation, and discusses State obligations and procedures to respect, protect and fulfill the right of every child to health; urges a human rights approach to respect the dignity, life, survival, wellbeing, health, development, participation, and non-discrimination of the child |
The right to due process | GC 12 obliges States to implement the children's right to be heard in all immigration and asylum proceedings. It instructs States to provide children “with all relevant information, in their own language” and appoint them a guardian or adviser, “free of charge.” |
CRC Convention on the Rights of the Child, GC General comment
This table utilizes specific articles from General Comments and Optional Protocols to the U. N. Convention on the Rights of the Child to highlight special rights violations with regard to unaccompanied minors' rights