ABSTRACT

This chapter studies the interplay between children's rights law and human rights law in the context of undocumented migration. It maps the state of affairs as to the relation between children's rights law and human rights law in the area of undocumented migration. The chapter argues for an integration of the nuanced approach to vulnerability that characterises children's rights law in the area of migration. It also looks at the current vulnerability approach to undocumented migrants through the (quasi-)jurisprudence of the UN Committees, the European Court of Human Rights (ECtHR) and the European Committee of Social Rights (ECSR). Children's rights law, as reflected in the interpretation of the Convention of the Rights of the Child (CRC), generally adopts a more nuanced approach to vulnerability, and hence to children's humanity. The Committee on Migrant Workers (CMW Committee) and the Committee on the Elimination of Discrimination against Women (CEDAW Committee) come closest to the CRC Committee's general vulnerability approach.