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.
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Human Rights Guidelines on Migration