Abramovich, V., Cernadas, P.C., & Morlachetti, A. (2011). The Rights of Children, Youth and Women in the Context of Migration. https://www.corteidh.or.cr/sitios/Observaciones/25/AnexoIII.pdf
Summary
This paper aims to address the issue of children’s and women’s migration from a human rights perspective by highlighting: (i) the particular situation of children and adolescents within the migrationdevelopment nexus, (ii) the gender perspective at all stages of analysis and programming and (iii) the significant gaps within legislation and policies, that inhibit the formulation of effective and rights-based responses relating to children, adolescents and migration. This paper outlines a comprehensive rights-based approach to migration from a child, gender and nondiscrimination perspective. A comprehensive HRBA must address the two main policy gaps (a double deficit) that exist within current legislations and policies: The absence of a child rights-based perspective in migration policies and legislation in countries of origin, transit and destination; and the absence of a migrant perspective (namely, accounting for the specific needs and conditions of migrant children and adolescents) in childhood policies meant for the protection and promotion of children’s rights. This approach, the authors determine, more effectively addresses the root causes of migration, employs a comprehensive notion of development, addresses the rights of children and adolescents left behind, ensures a gender and diversity-sensitive child-rights perspective in migration policies in countries of transit and destination, and highlights the main policy gaps regarding children and adolescents in the context of migration. The paper concludes with a set of recommendations aimed at developing or strengthening public policies in order to ensure a HRBA to children, adolescents and women’s needs and rights in the context of migration and development. These include a revision of current migration policies for child and gender perspectives, as well as other key recommendations for countries of origin, transit and destination.