CMW/C/GC/3-CRC/C/GC/22
sustainable solutions for unaccompanied and separated children and children with their
families. Other solutions include integration in countries of residence — either temporarily
or permanently — according to each child’s circumstances, resettlement in a third country,
e.g. based on family reunification grounds, or other solutions that could be identified on a
case-by-case basis, by referring to existing cooperation mechanisms, such as the Convention
on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of
Parental Responsibility and Measures for the Protection of Children.
C.
Right to be heard, express his or her views and participation (artilce 12
of the Convention on the Rights of the Child)
34.
Article 12 of the Convention on the Rights of the Child underscores the importance
of children’s participation, providing for children to express their views freely and to have
those views taken into account with due weight, according to age, maturity and the evolving
capacity of the child.
35.
The Committee on the Rights of the Child, in its general comment No. 12, underlines
that adequate measures to guarantee the right to be heard should be implemented in the
context of international migration, as children who come to a country could be in a
particularly vulnerable and disadvantaged situation. 10 For that reason, it is critical to
implement fully their right to express their views on all aspects affecting their lives, including
as an integral part of immigration and asylum proceedings, and for their views to be given
due weight. Children may have their own migration projects and migration-driving factors,
and policies and decisions cannot be effective or appropriate without their participation. The
Committee also emphasizes that these children should be provided with all relevant
information, inter alia, on their rights, the services available, means of communication,
complaints mechanisms, the immigration and asylum processes and their outcomes.
Information should be provided in the child’s own language in a timely manner, in a childsensitive and age-appropriate manner, in order to make their voice heard and to be given due
weight in the proceedings.11
36.
States parties should appoint a qualified legal representative for all children, including
those with parental care, and a trained guardian for unaccompanied and separated children,
as soon as possible on arrival, free of charge. 12 Accessible complaints mechanisms for
children should be ensured. Throughout the process, children should be offered the possibility
to be provided with a translator in order that they may express themselves fully in their native
language and/or receive support from someone familiar with the child’s ethnic, religious and
cultural background. These professionals should be trained on the specific needs of children
in the context of international migration, including gender, cultural, religious and other
intersecting aspects.
37.
States parties should take all measures appropriate to fully promote and facilitate the
participation of children, including providing them with the opportunity to be heard in any
administrative or judicial proceeding related to their or their families’ cases, including any
decision on care, shelter or migration status. Children should be heard independently of their
parents, and their individual circumstances should be included in the consideration of the
family’s cases. Specific best-interests assessments should be carried out in those procedures,
and the child’s specific reasons for the migration should be taken into account. Regarding the
significant relationship between the right to be heard and the best interests of the child, the
Committee on the Rights of the Child has already stated that there can be no correct
application of article 3 if the components of article 12 are not respected. Likewise, article 3
reinforces the functionality of article 12, facilitating the essential role of children in all
decisions affecting their lives.13
10
11
12
13
See Committee on the Rights of the Child, general comment No. 12, para. 123.
Ibid., para. 124.
Ibid., paras. 123-124.
Ibid., para. 74.
9