ACERWC
African Committee of Experts on
the Rights & Welfare of the Child
should be a cause of alarm considering that according to ILO, Africa has the highest incidence of
child labour, estimated at 19.6% compared with 9.6 % worldwide.438
Inaccessibility of health services is a challenge that is in certain instances worsened by
criminalization of irregular migrants. Criminalization of migrants leads to use of inappropriate
terminology which entails referring to migrants in irregular circumstances as ‘illegal migrants’ or
‘illegal aliens.’439 This makes it difficult for children termed as ‘illegal migrants’ or ‘illegal aliens’
to access health care services. This is because labelling them as ‘illegal migrants’ leads to
stereotyping, stigmatization and exclusion from social services.
Access to health care to children on the move may also be attributable to cultural norms, lack of
safety networks, language barriers and explanatory models of diseases.440 Among children on the
move the effects of these factors may be varied depending on whether they are unaccompanied
or accompanied, documented or undocumented.441 Among undocumented children access to
health services may be impeded by the fact that they lack awareness of health care systems or
the fear of being discovered and deported.442 For refugees and asylum-seeking children, access
to health may be impeded by legal status.443 In other cases, lack of health care services can also
be caused by physical distance to hospitals and clinics. This is a demonstration that there are a
myriad of factors that may lead to lack of access to health care by children on the move.
5.10 Limited access to Justice
Access to justice is one of the fundamental rights that all human beings are entitled to. In
particular, capacity to access to justice is one of the foremost requirements for protection of
children’s rights.444 Access to justice for children relates to a broad spectrum of circumstances
through which children come into contact with the law. This extends to children’s interaction with
the justice system as children seeking redress for violation of their rights, children in conflict with
the law or as children adducing evidence in a judicial process.445 Accessing to the justice system
for children is generally a challenge in Africa given that they are inherently vulnerable because of
their dependent status.446 In reality, complexities and multifaceted nature of justice systems even
poses greater challenges to children in vulnerable situations.447
With respect to children on the move, the right to access to justice is indeed one of the
most neglected rights considering the significant barriers to its realisation.448 Particularly those in
irregular circumstances, realisation of access to justice remains an illusory goal.449 There are many
migrant, asylum-seeking, refugee and internally dislaced children and victims of child trafficking
438
439
440
441
442
443
444
445
446
447
448
449
UNCTAD, Migration for Structural Transformation: Economic Development in Africa Report 2018
p 71.
As above.
N Markkula et al, Use of health services among international migrant children – a systematic review (2018)
14(52) Global Health https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5956827/ accessed (29 July 2018).
As above.
As above.
As above.
The African Child Policy Forum (ACPF), Spotlighting the Invisible Justice for Children in Africa
2018 P x.
As above.
UNICEF, Children’s Equitable Access to Justice: Central and Eastern Europe and Central Asia
2015 p 18.
As above.
The African Child Policy Forum (ACPF), Spotlighting the Invisible Justice for Children in Africa 2018 p x.
IOM, Children on the Move (2013) p 1.
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