Report calls for young migrants' rights to be realised to move development forward

On the occasion of International Youth Day (12 August), which has been held under the theme of ‘Youth Migration: Moving Development Forward’, the Platform for International Cooperation on Undocumented Migrants (PICUM) has called on governments to recognise that respect for the rights of all migrants, regardless of their migration status, is both an obligation and crucial for the numerous benefits of migration to be enjoyed by individuals, communities and countries of origin and destination.

According to PICUM, at least 30% of international migrants are young people, with great potential to contribute to the populations they join and to drive development. However, current policies that restrict migration, imprison migrants without the right paperwork and restrict access to essential services and justice, violate the rights of young migrants, disempower them and limit opportunities and benefits of migration for all.

A PICUM report released today, Realising the Rights of Children and Families in an Irregular Migration Situation, presents strategies to support and empower undocumented migrant children and their families. Through case studies and expert insight, the report and toolkit focus on ways to improve access to education, health care and housing, as well as a regular and secure residence status, as fundamental to the well-being of children, and to ensuring that they can develop and reach their full potential.

“The more invisible we are, the more vulnerable we are. Being in the shadows takes the power away from us, and this is what politicians want,” said Carlos Saavedra, former national co-ordinator of United We Dream, one of the key undocumented youth movements in the United States, and activist for a number of migrants’ rights groups.

"Tools to empower undocumented migrant children and youth, promote inclusion, and remove barriers to accessing services, protection and justice are essential to respect human rights and allow migration to move development forward," he added.

The international human rights framework contains legal provisions establishing numerous human rights for all, including the right to access health care and education and the right not to be detained arbitrarily, regardless of migration status. The United Nations Convention on the Rights of the Child (CRC) reinforces these rights for all children and sets out a number of particular rights and protections. The governing body of the Convention, the Committee on the Rights of the Child, has made clear that immigration detention is a direct violation of the CRC, and no child should be detained because of their or their parent’s migration status.

But in practice, children and youth in an irregular situation are often unable to access the services and protection granted to all under international law, with negative consequences for their development and social and economic integration, and in violation of their rights. Children are often subjected to the same conditions as adult migrants, including restricted access to services, such as health care, and detention, with no consideration of their particular vulnerabilities due to their age. Where children are granted additional protections, these usually disappear automatically when the young person turns 16 or 18 years and is considered an adult, meaning a young person may be liable for detention and deportation, and lose any state support, from one day to the next. Further, there are a number of specific legal, practical and psycho-social challenges for young people with insecure migration status that may be particularly harmful at a critical stage of their development, and place them at risk of exploitation and abuse.

In light of the High Level Dialogue on International Migration and Development (HLD) in New York from 3 to 4 October 2013, the realisation of rights for undocumented children and youth will stay high on the agenda of policy makers, the international agencies and civil society organisations. A milestone inter-agency report from the Global Migration Group (GMG) entitled Adolescents, Youth and Migration: Challenges and Opportunities will be launched at a GMG side event during the HLD, and contribute to the debate by analysing opportunities and challenges posed by migration for young people in countries of origin, transit and destination and identifying concrete recommendations and priorities for action.

About PICUM

PICUM - the Platform for International Cooperation on Undocumented Migrants, is a non-governmental international organisation (NGO) that promotes respect for the human rights of undocumented migrants within Europe. PICUM provides a direct link between the grassroots level, where undocumented migrants' experience is most visible, and the European level, where policies relating to them are deliberated. PICUM provides regular recommendations and expertise to policy makers and institutions of the United Nations, the Council of Europe and at EU level. In 2009, PICUM was awarded participatory status with the Council of Europe.

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