The International Covenant on Civil and Political Rights, (1966), in Article 24 ensures that children should have, without discrimination, the right to the measures of protection from their family, society and the State, required by their status as minors. This provision also entitles every child to the right to acquire a nationality, in order to protect children from being afforded less protection by the State because of their statelessness. States are not obligated to give their nationality to children born in their territory but they must adopt the necessary measures to ensure that children have a nationality when they are born.

The UN Convention on the Rights of the Child, (1989) (CRC) would provide protection and human rights safeguards to migrant children. The CRC has received near universal signature and ratification and provides very comprehensive protection for the child. The Convention defines the child as every human being below the age of 18 years unless, under the national law applicable to the child, majority is attained at a younger age. It requires States to ensure that in all actions concerning children the best interests of the child are the primary consideration.

The CRC protects a number of rights of the child, including: right to life; the rights of the child preserve their own identity, including nationality. States must ensure that children are not separated from their parents against their will, except where it is necessary for the best interests of the child. Under the Convention children are guaranteed the rights to freedom of expression and the right to express their views freely in all matters affecting them, they are also guaranteed the rights to freedom of thought, conscience and religion; the right to freedom of association; and the right to privacy. A number of further rights include: the right to the highest attainable standard of healthcare; the right to benefit from Social Security; the right to education; and the right to protection from economic exploitation and from performing any work that is likely to be hazardous or interfere with their education or health.

Migrant children would have the right to special protection and assistance from the State in the event that they are temporarily or permanently deprived of their family environment. Appropriate protection and humanitarian assistance, in the enjoyment of the rights in the Convention and other international human rights law, is guaranteed to refugee children whether unaccompanied or accompanied by parents or others. The Convention also states that applications by the child or his or her parents to enter or leave the State party for the purpose of family reunification shall be dealt with in a positive, humane and expeditious manner. States Parties must respect the rights of the child and his or her parents to leave any country including their own and to enter their own country to maintain personal relations and direct contact with both parents. States Parties are also required to take measures to combat the illicit transfer and non-return of children abroad.

In March 1998 a Basic Information Toolkit was published by the United Nations to reiterate the importance of children's rights. It highlights the particular vulnerability of children and makes reference to marginalised children who require acknowledgement, care, and reintegration; unaccompanied refugee children and children bought and sold across frontiers are explicitly included in this group.

Analysis provided by: Anisa Niaz LLM (Public Law), United Kingdom.