2. Guaranteeing the human rights of undocumented migrant children A. Current status and problems • Undocumented migrant children are likely to be left unprotected and uneducated in an inadequate, unsanitary environment due to their parents’ lack of proper status of sojourn. Even school-age children are not guaranteed the right to education due to the fear of crackdown and forced departure from the country. As they grow into teenagers, they work to earn a living for their family or borrow other person’s ID; as a result, they contribute to social unrest. B. Domestic/International norms and realistic cases in major countries Contents Domestic norms - Concerning the protection of aliens under domestic laws, Article 6 (Effectuation of Treaties and International Laws and Guarantee of Aliens’ Status) of the Constitution and Article 4 (About Foreigners in Republic of Korea) of the National Human Rights Commission Act apply. - Ref. Article 10 (Right to Pursue Happiness), Article 36 (1) (Marriage and Family Life), and Article 11 (1) (Right to Equality) of the Constitution; Article 2 (3) (defining the term “discriminatory act of violating the right to equality”) the National Human Rights Commission Act - Ref. Article 36 (3) (State’s Obligation to Protect the Health of all Citizens) of the Constitution; Article 9 (Medical and Health Support) of the Multicultural Families Support Act - The concluding observations (1/31/2003) made by the Committee on the nd Rights of the Child (CRC) on the 2 periodic report of the Republic International norms of Korea expressed concern regarding the lack of concrete clauses for migrant children in the country’s social security-related laws. 50 Human Rights Guidelines on Migration

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