Please ensure Javascript is enabled for purposes of website accessibility
Law Council of Australia


Comment on the human rights of children in the context of international migration

1. The Convention on the Rights of the Child (CRC) requires States to recognise, protect and promote the rights of all children seeking protection, which includes the requirement that, in all actions concerning children, the best interests of the child be a primary consideration.1 

2. The Committee on the Rights of the Child (CRC Committee) has stated that in general, this principle requires that the assessment and determination of the best interests should be undertaken in each individual case, in the light of the specific circumstances of each child, group of children, or children in general.2 The elements to be taken into account when assessing and determining the child’s best interests include: the child’s views and identity; preservation of the family environment and maintaining relations; care, protection and safety of the child; vulnerability; and the child's rights to health and education.3 Further, States Parties to the CRC must not exercise discretion as to whether children’s best interests are to be assessed and ascribed proper weight as a primary consideration.4 


Related Documents