Undocumented migrant children in an irregular situation: a real cause for concern
Reply to Recommendation
| Doc. 13062
| 05 November 2012
- Author(s):
- Committee of Ministers
- Origin
- Adopted
at the 1153rd meeting of the Ministers’ Deputies (24 October 2012). 2012 - November Standing Committee
- Reply to Recommendation
- : Recommendation 1985
(2011)
- Thesaurus
1. The Committee of Ministers has carefully
examined Parliamentary Assembly
Recommendation 1985 (2011) on “Undocumented
migrant children in an irregular situation: a real cause for concern”,
which it has transmitted to governments, the Council of Europe Commissioner
for Human Rights and to relevant bodies and intergovernmental committees.
Note
2. The Committee of Ministers shares the concerns expressed by
the Assembly and recalls that the rights of the child are a priority
for the Organisation. It is also concerned by the vulnerability
of undocumented children, which exposes them to violence, abuse,
neglect and exploitation. The Committee is aware that the issue
in question is a complex one, not only in the light of the different
circumstances surrounding each undocumented migrant child, but also
in the light of the various bilateral, national and international
agreements and instruments in place which concern unaccompanied
minors.
3. The Committee of Ministers considers that all migrant children
must be treated in line with the guiding principles of the United
Nations Convention on the Rights of the Child that represent the
underlying requirements for all children to enjoy their rights,
irrespective of their nationality, statelessness, origin or migratory
status. Member States should take all measures required to ensure
the protection of children as required by international binding
human rights instruments such as the European Convention of Human
Rights and the European Social Charter. They should in particular
guarantee the right to food, clothing, shelter and medical assistance
as reflected in the conclusions
and decisions of the European Committee of Social Rights. The Committee
of Ministers also draws member States’ attention to its Recommendation
Rec(2000)3 on the right to the satisfaction of basic material needs
of persons in situations of extreme hardship.
4. The issue of undocumented migrant children in the context
of the Council of Europe falls primarily within two transversal
fields of activity, the rights of the child and migration. The Council
of Europe Strategy for the Rights of the Child (2012-2015) for its
part supports member States in improving the protection of migrant children
and children “on the move” including “asylum-seeking, refugee, unaccompanied,
separated, internally displaced and stateless children”. Given that
these children are particularly vulnerable to violence and abuse, in
particular trafficking and smuggling, multi-disciplinary and comprehensive
protective measures should be established and implemented in accordance
with the child’s best interest principle. For this purpose, the Organisation
is promoting the effective implementation of the relevant Council
of Europe instruments such as the Committee of Ministers’ Guidelines
on child-friendly justice and its Recommendations CM/Rec(2007)9
on life projects for unaccompanied migrant minors, CM/Rec(2008)4
on strengthening the integration of children of migrants and of
immigrant background and CM//Rec(2009)13 on the nationality of children.
This is also the approach followed in the Framework for Council
of Europe Work on Migration Issues 2011-2013 where work on migration
has shifted from focusing on developing new standards to promoting
more effective use of the already rich body of existing standards
and ensuring appropriate follow-up. The Committee of Ministers would highlight
the possibilities for States to obtain assistance, should they so
wish. Moreover, in accordance with the above-mentioned document,
the Migration Co-ordination Division is currently developing its
co-ordination with the European Union, in particular the European
Commission. This co-ordination should cover, inter
alia, issues relating to the rights of undocumented migrant
children.
5. In response to other specific recommendations of the Assembly,
the Committee of Ministers would signal that the issue of access
to education (paragraph 10.1.1) is being taken into account in the
Committee’s ongoing work on education.
6. With regard to minimum health-care requirements, the Committee
of Ministers considers that whilst undocumented migrant children
may not be guaranteed the right to social security, efforts should
be made where possible to grant them the right to subsidiary social
protection, including adequate medical assistance.
7. With regard to paragraph 10.2, the Committee of Ministers
would refer to paragraph 7 of the
reply to
Recommendation 1969 (2011) in which
it took “note of the Assembly’s request that the Committee of Ministers give
instruction for the elaboration of guiding principles on the protection
of unaccompanied children” and brought it to “the attention of those
responsible for the Programme “Building a Europe for and with Children””.
8. Paragraph 10.3 of the recommendation raises the issue of housing
for undocumented migrant children. The Committee of Ministers acknowledges
the complexity and indeed importance of this question and whilst reiterating
the obligation to provide at least a shelter for undocumented migrants
in an irregular situation, it considers that the question of housing
as such falls to each member State to address in the framework of
their relevant national policies.
9. Finally, with regard to paragraph 10.4, the Committee of Ministers
agrees that unaccompanied young migrants, whether minors or young
adults, need protection from trafficking and sexual or economic
exploitation to which they may be exposed. In this respect, governments
may consider reviewing how their current protection measures are
defined and whether they might be improved to ensure that the minors
or young adults concerned are not subjected to trafficking or physical,
sexual or psychological harm. Recalling the relevance of the Council
of Europe Convention on Action against Trafficking in Human Beings
(CETS No. 197) and the Council of Europe Convention for the protection
of children against sexual exploitation and sexual abuse (CETS No.
201, the Lanzarote Convention) in this field, the Committee invites
all member States that have not yet done so to consider signing
and ratifying these instruments.
