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and the Construction of Vulnerability - Child Trafficking

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eyond this framework is to defend - without discrimination - <strong>the</strong> rights <strong>of</strong> all<br />

children who are exploited or at risk <strong>of</strong> exploitation, or negatively affected by <strong>the</strong><br />

exploitation <strong>of</strong> <strong>the</strong>ir relatives, during or following a process <strong>of</strong> migration, regardless<br />

<strong>of</strong> how <strong>the</strong> migratory process is organised, by whom <strong>and</strong> for what purpose.<br />

● CR agencies should promote <strong>the</strong> Convention on <strong>the</strong> Rights <strong>of</strong> <strong>the</strong> <strong>Child</strong> as a comprehensive<br />

agenda for rights protection both in contexts <strong>of</strong> origin <strong>and</strong> destination<br />

with particular regard to <strong>the</strong> rights – including economic, social <strong>and</strong> cultural<br />

rights - that children <strong>and</strong> adolescents try to address <strong>the</strong>mselves through<br />

migratory agency.<br />

● Government’s interpretation <strong>and</strong> application <strong>of</strong> <strong>the</strong> supplementary protocols to<br />

<strong>the</strong> UN Convention on Transnational Organised Crime (2000) should be a particular<br />

concern to CR agencies with a view to <strong>the</strong> protocol’s saving clauses (Art<br />

14 & 19 respectively) which establish that nothing in <strong>the</strong>m shall affect <strong>the</strong> rights,<br />

obligations <strong>and</strong> responsibilities <strong>of</strong> states <strong>and</strong> individuals under national law,<br />

including international humanitarian law, international human rights law,<br />

refugee law <strong>and</strong> <strong>the</strong> principle <strong>of</strong> non-refoulement.<br />

● CR agencies should build capacity <strong>and</strong> expertise on migration policy making<br />

processes at regional (e.g. EU) <strong>and</strong> national level in order to pro-actively advocate<br />

<strong>the</strong> rights <strong>of</strong> <strong>the</strong> child in <strong>the</strong>se processes. There is scope for fur<strong>the</strong>r developed<br />

collaboration <strong>and</strong> networking between CR agencies <strong>and</strong> migrant’s rights <strong>and</strong><br />

minority rights groups in this respect.<br />

● CR agencies should monitor implications for children’s rights related to migration<br />

<strong>of</strong> EU development assistance to third countries.<br />

● CR agencies should support PICUM’s (2007) recommendation that undocumented<br />

migrants be included as a specific target group in <strong>the</strong> EU Social Protection<br />

<strong>and</strong> Social Inclusion Process. CR agencies should promote interventions that<br />

make migration for children <strong>and</strong> families in disadvantaged positions as safe as<br />

possible <strong>and</strong> interventions that increase <strong>the</strong>ir choice between staying in <strong>the</strong>ir<br />

country <strong>of</strong> origin <strong>and</strong> emigrating in terms <strong>of</strong> economic opportunities.<br />

● CR agencies should promote legislative solutions that make it possible for children<br />

to join <strong>the</strong>ir migrating parent(s)/caretakers - including in temporary migration<br />

schemes – should this be what <strong>the</strong> family prefers.<br />

● CR agencies should promote counselling on legal rights <strong>and</strong> – where necessary -<br />

access to alternative social services, health care <strong>and</strong> education – for undocumented<br />

migrant children.<br />

● CR agencies should ensure that undocumented migrant children are not denied<br />

access to education <strong>and</strong> health care because <strong>of</strong> uncertainty among public service<br />

providers such as teachers <strong>and</strong> doctors as to what <strong>the</strong> law allows <strong>the</strong>m to do for<br />

this group <strong>of</strong> children.<br />

● In light <strong>of</strong> global ecological change <strong>and</strong> o<strong>the</strong>r migration driving side effects <strong>of</strong><br />

economic growth in an inter-connected world, CR agencies may consider what<br />

reasonable grounds for asylum claims to advocate for in <strong>the</strong> future.<br />

<strong>Child</strong> Migration <strong>and</strong> <strong>the</strong> <strong>Construction</strong> <strong>of</strong> <strong>Vulnerability</strong><br />

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