Universal-MigrationHRlaw-PG-no-6-Publications-PractitionersGuide-2014-eng

92 | PRACTITIONERS GUIDE No. 6
also requires States to cooperate with international organisations in
their efforts to protect and assist the child and to trace the child’s parents
or other relatives. 215
In respect of tracking, the use of DNA tracking systems should not
create additional obstacles to family reunification, should require prior
informed consent of the applicant, and should be used only when necessary.
216
Even when the family is identified through tracking, or in any other case
of family reunification, the Committee on the Rights of the Child has
warned that “family reunification in the country of origin is not in the
best interest of the child and should therefore not be pursued where
there is a “reasonable risk” that such a return would lead to the violation
of fundamental human rights of the child. Such risk is indisputably
documented in the granting of refugee status or in a decision of the
competent authorities on the applicability of non-refoulement obligations
[. . .]. Where the circumstances in the country of origin contain
lower level risks and there is concern, for example, of the child being
affected by the indiscriminate effects of generalised violence, such risks
must be given full attention and balanced against other rights-based
considerations, including the consequences of further separation.” 217
i) Discrimination and access to the territory
The situation of unaccompanied minors, whether seeking asylum or not,
warrants special consideration, due both to their vulnerability to exploitation
and abuse and to their incapacity to cope with systems and
institutions designed to address adult migration. Under the CRC, children
enjoy particular protection against discrimination. The CRC provides
that children’s rights must be protected without discrimination of
any kind, 218 including discrimination due to their nationality, immigration
status or statelessness. 219 Furthermore, “States Parties shall take
all appropriate measures to ensure that the child is protected against all
forms of discrimination or punishment on the basis of the status, activities,
expressed opinions, or beliefs of the child’s parents, legal guard-
215 Article 23.2 ACRWC.
216 See, Concluding Observations on Denmark, CCPR, UN Doc. CCPR/CO/70/DNK, 15 November
2000, para. 15; Concluding Observations on France, CCPR, op. cit., fn. 188, para. 21.
217 CRC, General Comment No. 6, op. cit., fn. 138, paras. 82–83. The General Comment provides
with even more detailed information on considerations and procedural requirements
towards unaccompanied children.
218 Article 2.1 CRC.
219 See CRC, General Comment No. 6, op. cit., fn. 138, paras. 12, 16 and 18. See also, Office
of the United Nations High Commissioner for Human Rights, Study on challenges and best
practices in the implementation of the international framework for the protection of the
rights of the child in the context of migration, UN Doc. A/HRC/15/29, 5 July 2010 (OHCHR
Study), paras. 21–22.