Concluding Observations on the Combined Third to Sixth Periodic Reports of South Africa

Asylum-seeking, refugee and migrant children 

42. Recalling joint general comments No. 3 and No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families/No. 22 and No. 23 (2017) of the Committee on the Rights of the Child (2017) on the human rights of children in the context of international migration, and general comment No. 6 (2005) on treatment of unaccompanied and separated children outside their country of origin, the Committee recalls its previous recommendations13 and recommends that the State party: 

(a) Ensure asylum-seeking, refugee, migrant and unaccompanied children’s rights to special protection, to an adequate standard of living and to access to education and health care, irrespective of their status; 

(b) Improve the monitoring and enforcement of laws and policies protecting these children against all forms of exploitation, including child labour; 

(c) Ensure the consistent adherence to and implementation of the High Court’s judgment on upholding the right to education of undocumented children; 

(d) Consider ratifying the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness.