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The Movement of people across national borders is a phenomenon
increasingly relevant to global public policy. Yet, although
international migration affects millions of people all over
the world and has crucial repercussions on the balances in
and between States, deep analyses and adequate discussions
of migration-related issues are often pushed to the side of
political debates.
In many cases, States have found themselves unable to deal
with sudden changes or developments in the field of migration.
The need for a global response ends up being handled at either
the national or local level and in a closed manner, as the
issue is often considered "too political" to be
dealt with at the international level. As a result, immigration
policies are often considered just a matter of elaborated
legal mechanisms that exclude illegal and unauthorized migrants
from national territories. A coordinated policy framework
dealing with the rights of people moving across borders, supported
by an international migration institution able to take and
implement effective decisions, is therefore of utmost importance.
A particularly delicate issue in the broad scenario of migration
is that of children in cross-border movements. Civil society
groups, the academic community and human rights organizations
claim that policymakers should be particularly sensitive and
prompt in addressing issues related to migrant children. Mary
Robinson, the first female President of Ireland and founder
and President of Realizing Rights: The Ethical Globalization
Initiative (EGI), expressed these views clearly in October
2004, when she addressed the Columbia University Institute
for Child and Family Policy. "Internationally agreed
human rights standards and mechanisms, particularly those
concerning economic, social and cultural rights, can be more
effectively used to address some of today's most pressing
global challenges, from inequities in international trade
policies and global health standards to [
] problems
associated with the growing movement of people, including
millions of children, across national borders", she said.
A study funded by the United Nations Children's Fund (UNICEF)
and published in 2003 by the University of Bristol and the
London School of Economics and Political Science, entitled
Child Poverty in the Developing World, found that over 1 billion
children-more than half of them living in developing countries-lack
"at least one basic human need", such as food, drinking
water, sanitation facilities and health care. More than half
of these children also lack at least two of these fundamental
needs and are therefore living in absolute poverty. The International
Convention on the Rights of the Child recognizes that "there
are children living in exceptionally difficult conditions,
and that such children need special consideration". It
also stresses the importance of international cooperation
for improving the living conditions of children, particularly
in developing countries; yet, actual legal and political commitments
are too often lacking.
An important step towards a significant global commitment
was made in September 2000 with the signing of the United
Nations Millennium Declaration, stating that world leaders
"have a duty [
] to all the world's people, especially
the most vulnerable, and in particular the children of the
world to whom the future belongs". But the fulfilment
of the Millennium Development Goals, identified in the Declaration
as targets to be achieved by 2015, still has a very long way
to go. As the UNICEF-funded study revealed, the continuing
shortage of investments in quality education, health and public
services in many countries is causing widespread poverty.
Former United Nations High Commissioner for Human Rights Mary
Robinson says that this type of poverty is one of the "main
drivers of today's migration patterns", since "poverty
forces people to leave their homes in search of a better life
for themselves and their children".
Organizations like UNICEF and Human Rights Watch, and projects
like the Ethical Globalization Initiative are promoting strategies
to increase awareness of and attention to the rights of migrants.
These rights are not adequately covered by the international
human rights law, which is historically more focused on the
protection of migrants with special status, such as refugees,
stateless persons and diplomats, while national laws are heavily
oriented on the rights of citizens, leading to what is called
a "protection gap". Because of their physical and
mental immaturity that needs special safeguards and care,
children are likely to suffer the most from the consequences
of this gap.
In an attempt to fill this hole in the international legal
system, the UN General Assembly adopted in 1990 the International
Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families, which provides guidelines
for the protection of migrants against arbitrary arrest and
rights to a due process of law, to privacy and trade union
membership and activity. But the Convention has failed to
obtain a wide ratification, with only 27 States formally agreeing
to it. However, The Convention on the Rights of the Child
provides a legal basis for the protection of migrant children,
in particular. According to Mrs. Robinson, its principles
are clear and relevant and "should inform the progressive
realization of policies to protect the social and economic
rights of everyone-regardless of legal status-under 18, including
youth", such as birth registration, right to nationality,
free basic health care, protection from sexual abuses and
exploitations, and all other measures to prevent human trafficking.
Secretary-General Kofi Annan and a number of Governments launched
the Global Commission on International Migration, with the
mandate to provide a framework for the formulation of a coherent,
comprehensive and global response to the issue of international
migration. Concluding its work in December 2005, the Commission
reaffirmed the necessity of a rights-based approach to migration
"through the integration of human rights principles and
labour standards into policymaking". It also underscored
the particular vulnerability of migrants, especially women
and children, "particularly those in domestic employment
and victims of smuggling, and migrant workers in exploitative
employment".
The challenge now is to create a situation in which migration
can take place in conditions of dignity and become an informed
choice rather than a survival strategy. A good starting point
would be for States to acknowledge that the Convention on
the Protection of Migrant Workers stems directly from those
principles expressed in the Universal Declaration of Human
Rights and the Convention on the Rights of the Child, and
should therefore be given a wider and much needed ratification.
This could be a first step towards a future that really belongs
to children.
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13 of the Universal Declaration of Human Rights. Artwork
by Brazilian artist Octavio Roth |
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