Attributes of Article 22

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

Appropriate protection and humanitarian assistance

Preservation of rights

Duty to protect and assist through international cooperation

Best interests and family reunification principles

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. The State has ratified relevant international and multilateral treaties in relation to refugee children and their families and incorporated them into domestic law, including the:

1.1 Convention to the Status of Refugees, 1951, and its 1967 Protocol

1.2 Convention on the Rights of the Child, 1989, and its protocols

1.3 Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, 2000

1.4 Protocol against the Smuggling of Migrants by Land Sea Air. 2000

1.5 International Convention on the Protection of the Rights of All Migrants and Members of their Families, 1990

1.6 New York Declaration for Refugees and Migrants. 2016

1.7 Global Compact on Refugees, 2018

1.8 International Labour Organization (ILO) 138 and 182

2. Immigration detention of children is prohibited.

3. Constitutional and human rights guarantees apply equally to citizens and non-citizens so as to guarantee refugee children equality before the law.

4. The State is to establish data collection mechanisms on refugee and asylum seeking children and assist with settlement services and family tracing and reunification.

5. National immigration laws ensure the respect of the best interests of the child at all stages and the adoption of guidelines and procedures facilitating Best Interest Determinations.

6. National Immigration law specifically addresses the right of refugee children, whether accompanied or unaccompanied, to gain access to education and services in conditions of equality with other children and to have their convention rights protected.

7. National Immigration ensure that best interests of the child take priority over migration policy or other administrative considerations and:

7.1 Provide assistance to unaccompanied or estranged refugee children

7.2 Provide them with access to appropriate health care

7.3 Provide them with a fair hearing and sufficient due process rights including free legal aid by expert lawyers trained in representing children in immigration matters

7.4 Accord them equal access to social protection services

7.5 Cooperation with UN and international refugee agencies, to trace their families and be reunited with them

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.

8. Percentage of migrants that are children by class of entrant and age, in the last year.

9. Percentage of migrant and refugee children connected with basic child welfare, health and education services within 30 days of arrival.

10. Percentage of education professionals trained to offer services to refugee and migrant children and families.

11. Percentage of unaccompanied children among total child migrant population and percentage of which are registered for family reunification services.

12. Percentage of unaccompanied child migrants provided with independent representation.

13. Measures and processes exist to assist children through the Best Interests Determination process with cooperation of all parties.

Outcome Indicators

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

14. Rate of educational achievement of refugee children by grade level or years of post-secondary study completed.

15. Percentage of migrant children who drop out or fail to register or attend school, by age of leaving school and class of entrant. (Art 28-Ind 28)

16. Percentage of migrant children who are immunized and have access to health services relative to their age peers.

17. Percentage of refugee children who live in food insecure households.

18. Percentage of migrant children who achieve an intermediate or superior knowledge of the national language of their country of destination within 24 months of arrival.

19. Percentage of unaccompanied child migrants who are reunited with their families in country of destination, in a third country, or country of origin. (Art 10-Ind 6)

20. Percentage of unaccompanied minors who cannot be reunited with their families who are adopted or provided with alternative care in their country of destination.