ABSTRACT

This chapter presents a summary of the normative framework at the international level provided in the CRC. It examines the role of the Committee as the responsible treaty-monitoring body and in its work concerning the best interests of the child. In particular, the chapter presents authoritative guidance from the Committee that explains how the principle of the best interests of the child should be applied in all measures affecting unaccompanied and separated migrant children. It discusses the need to identify a durable solution in line with the best interests of each individual child through a formal Best Interests Determination (BID). The CRC provides the overarching legal framework for the protection of the rights of all children including unaccompanied and separated migrant children. The CRC is also complemented by its three Optional Protocols, all of which have specific provisions that may be used to strengthen protection for unaccompanied and separated children.