The principle of equality oftreatment requires States to eliminate any discrimination against migrant children and to adopt appropriate and gender-sensitive provisions to overcome educational barriers.
This obligation implies that States should ensure equal access to quality andinclusive education for all migrant children, irrespective of their migration status.
In addition, States should take measures aimed at prohibiting and preventing any kind of educational segregation,to ensure that migrant children learn the new language as a means for effective integration.
The Committees strongly urge States to expeditiously reform regulations andpractices that prevent migrant children, in particular undocumented children, from registering at schools and educational institutions.
Therefore, States should, as far as possible,take measures to ensure that the rights at work of migrant parents, including those in an irregular situation, are fully respected.
Develop comprehensive policies aimed at addressing the root causes of all forms of violence,exploitation and abuse against migrant children, including adequate resources for their proper implementation.
Migrant children should have access to alternative learning programmes where necessary and participate fully in examinations and receive certification of their studies.
Their national plans, policies,and strategies should address the health needs of migrant children and the vulnerable situations in which they may find themselves.
Migrant children and their families should also be protected in cases where expulsions would constitute arbitrary interference with the right to family and private life.
Similarly, States parties should ensure that migrant children and their families are integrated into receiving societies through the effective realization of their human rights and access to services in an equal manner with nationals.
States should develop concrete measures to foster intercultural dialogue between migrant and host communities and to address and prevent xenophobia or any type of discrimination or related intolerance against migrant children.
The fact that the child is very young or in a vulnerable situation(e.g. has a disability,belongs to a minority group, is a migrant, etc.) does not deprive him or her of the right to express his or her views, nor reduces the weight given to the child's views in determining his or her best interests.
Given the specific risk to which migrant children are exposed, States shall also ensure that, in both law and practice, all necessary measures, including the provision of appropriate penalties, be taken by the competent authority to guarantee the effective enforcement of the provisions of the Convention on the Rights of the Child and relevant international standards and that migrant children:.
The Committee recommends that the Government of the United Kingdom further encourage the governments of the overseas territories to fully abolish discrimination under the law against children who are“non-belongers”,including migrant children, and children born out of wedlock.
The Committees remind States that migrant children above working age, irrespective of their status, should enjoy equal treatment to that of national children in respect of remuneration, other conditions of work and terms of employment.
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