Secrétariat Général

Protéger les enfants et réunir les familles au-delà des frontières depuis 98 ans

Public Hearing Advisory Opinion by the states of Argentina, Brazil, Paraguay and Uruguay on migrant children, Octobre 2013

On the 9 and 10 of October the public hearing of Advisory opinion for Migrant Children was held in Mexico City. The advisory opinion was asked for the states of Argentina, Brazil, Paraguay and Uruguay. In the public hearing many observations were presented by some of the Member States of the Organization of American (OAS) and the Inter-American Commission on Human Rights, together with civil society organizations.

In this regard the states of Argentina , Brazil, Paraguay and Uruguay requested the Court " to move forward in defining legal standards on the following topics : 1. Procedures for determining international protection needs special protection measures for children and adolescents, migrants , 2. System guarantees that should apply in immigration proceedings involving children and adolescent migrants 3. Standards for precautionary measures in immigration proceedings on the basis of the principle of non-arrest of migrant children. 4. Rights protection measures that should be available on a priority basis and do not entail restrictions on personal freedom. 5.State obligations in cases of custody of children for immigration purposes .6. Due process guarantees to measures involving deprivation of liberty of children in the context of immigration proceedings . 7.Principle of non-refoulement in relation to migrant children .8. Procedures for the identification and treatment of child asylum seekers or any shelter. 9. The right to family life of children in cases of expulsion provided for immigration of their parents. "In this regard, the International Social Service (ISS) and the Latin American Foster Care Network, for the Right to community and family( RELAF ) decided to present as amicus curiae on February 16, 2012 and orally at the hearing on October 10th this year. The presentation was based from the perspective of the Guidelines for the Alternative Care of children adopted by the General Assembly in November 2009. We hope that the observations presented by various organizations will contribute to a legal framework of protection for migrant children. To see the video go to: http://vimeo.com/album/2563314/video/76653316

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