CMW/C/GC/3-CRC/C/GC/22
States shall not reject a child at a border or return him or her to a country where there are
substantial grounds for believing that he or she is at real risk of irreparable harm, such as, but
by no means limited to, those contemplated under articles 6 (1) and 37 of the Convention on
the Rights of the Child, either in the country to which removal is to be effected or in any
country to which the child may subsequently be removed. Such non-refoulement obligations
apply irrespective of whether serious violations of those rights guaranteed under the
Convention originate from non-State actors or whether such violations are directly intended
or are the indirect consequence of States parties’ action or inaction.
47.
The Committees recall that article 22 (1) of the International Convention on the
Protection of the Rights of All Migrant Workers and Members of Their Families and other
international and regional human rights instruments forbid collective expulsions and require
that each case that could eventually become an expulsion be examined and decided
individually, ensuring the effective fulfilment of all the due process guarantees and the right
to access to justice. States parties should adopt all measures necessary in order to prevent
collective expulsions of migrant children and families.
IV. International cooperation
48.
The Committees stress that a comprehensive interpretation of the Conventions should
lead States parties to develop bilateral, regional and global cooperation in order to ensure the
rights of all children in the context of international migration, taking into consideration the
guidance developed in the present joint general comment.
49.
The Committees recognize the importance of coordinating efforts among countries of
origin, transit, destination and return, and their roles and responsibilities in addressing the
needs of children in the context of international migration and in safeguarding their rights,
with the best interests of the child being a primary consideration.
50.
The Committees reaffirm that, in all international, regional or bilateral cooperation
agreements on border management and migration governance, the impacts of such initiatives
on children’s rights should be duly considered and adaptations made as necessary to uphold
the rights of the child. The Committees are concerned by the increase in bilateral or
multilateral cooperation agreements that focus on restricting migration, which have
demonstrably negative impacts on children’s rights, and instead urge cooperation that
facilitates safe, orderly and regular migration with full respect for human rights.
51.
States parties should also avail themselves of technical cooperation from the
international community, including from the United Nations agencies and entities and
regional organizations for the implementation of migration policies in respect of children in
line with the present joint general comment.
V. Dissemination and use of the joint general comment and
reporting
52.
States parties should disseminate widely the present joint general comment to all
stakeholders, in particular parliaments, governmental authorities, including child protection
and migration authorities and personnel, and the judiciary, at all national, regional and local
levels. It should be made known to all children and all relevant professionals and stakeholders,
including those working for and with children (i.e., judges, lawyers, police and other law
enforcement entities, teachers, guardians, social workers, staff of public or private welfare
institutions and shelters, and health-care providers), the media and civil society at large.
53.
The present joint general comment should be translated into relevant languages, and
child-friendly/appropriate versions and formats accessible to persons with disabilities should
be made available. Conferences, seminars, workshops and other events should be held to
share good practices on how best to implement it. It should also be incorporated into the
formal pre- and in-service training of all concerned professionals and to technical staff in
particular, as well as to child protection and migration authorities and personnel, and should
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