Attributes of Article 10

Data is collected and disaggregated by prohibited grounds for discrimination including age, sex, ethnicity, disability, when applicable

Requests to enter or leave a country for family reunification should be dealt with in a positive, humane and expeditious manner

Requests to enter or leave a country should entail no adverse consequences for the child, the parent or their family members

Right to maintain relations and regular contact with both parents, if separated and residing in different states

Structural

Indicators

as an indication of commitment to take action, refers to the existence of institutions and policies and laws aligned with the international child rights laws and for the realisation of children’s rights.

1. State has ratified relevant international treaties in this area including:

1.1 Convention on the law applicable to maintenance obligations towards children, 1956

1.2 Convention concerning the recognition and enforcement of decisions relating to maintenance obligations towards children, 1958

1.3 Convention concerning the powers of authorities and the law applicable in respect of the protection of infants, 1961

1.4 Convention on Jurisdiction, Applicable Law and Recognition of Decrees Relating to Adoptions, 1965

1.5 Hague Convention on the Civil Aspects of International Child Abduction, 1980

1.6 Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, 1993

1.7 Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children, 1996

1.8 Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, 2007

and or entered into bilateral agreements in these matters with neighbouring States

2. Remedies exist before the 1993 Principles relating to the Status of National Institutions (Paris Principles) based national human rights institutions (NHRI) or child based institutions, courts and immigration tribunals for swift enforcement of family reunification rights, protection of family members from adverse consequences and rights to maintain contact affecting children living in or visiting parents living in the national territory of the State, or leaving their national territory for such purposes.

3. National immigration laws and family justice regimes and policies are in place to ensure strict compliance with the Convention and relevant treaties.

Process

Indicators

refers generally to efforts made and actions taken, following on from commitment, and thus to specific activities, resources and/or initiatives in pursuit of rights’ realisation.

4. Child rights complaints, immigration visa requests and appeal and judicial review applications in such matters are all subject to a criterion of expedited process, while taking the child’s opinions into proper account, in proceedings that adhere to all principles of child-friendly justice.

5. Percentage of immigration, family court and child protection officials trained in child rights in relation to family reunification, child migrants and child-friendly justice principles.

6. Average length of time (in days) lasting between initial application and the accomplishment of reunification involving children on the move (disaggregated by age, gender, nationality, ability, origin, social condition, or immigration status of the child). (Art 22-Ind 19)

7. Percentage of registered children and families whose well-being is regularly monitored six months after reunification by a specially-trained social worker or other professional, following family reunification.

8. Rates of cross-border family reunification involving children achieved in a one year period, as a proportion of all applications involving children (disaggregated by age, gender, nationality, ethnicity of the child).

9. Percentage of cases where immigration authorities or other State authorities have refused to return children or their parents to a safe third country because of reported instances of reprisals against family members (disaggregated by age, gender, nationality, origin, ability, social condition, or destination country of the child).

10. Percentage of registered children pending reunification and families whose well-being is regularly monitored by a specially-trained social worker or other professional.

Outcome

Indicators

refers to a measurable resultant change either in the “rights environment” or directly in lives of children.

11. Percentage of children, whose parents live in separate countries, who report “their family/caregivers know a lot about them” and that they “feel they have been treated fairly in their community”.

12. Percentage of children, whose parents live in separate countries, who report a high level of satisfaction in relation to family-related mental health needs.

13. Percentage of children, whose parents live in separate countries, who report that their family “stands by them in difficult times”.

14. Percentage of children, whose parents live in separate countries, who report being satisfied with the amount of time spent with their family.

15. Percentage of children who report a high level of satisfaction in relation to their treatment through the immigration and family reunification process.

16. Percentage of children or parents who report adverse treatment or consequences for their loved ones stemming from their decision to immigrate.