Mapping Children on the Move within Africa being unfairly detained and are subjected to discriminatory and dysfunctional judicial systems.450 Across Africa, there are about 28,000 children in detention or deprived of their liberty and in some cases are subjected to inhumane punishments.451 The situation is dire in states where there is far-reaching criminalization of irregular migrants, including children.452 As mentioned earlier criminalization of foriegners, such as migrants and refugees, leads to use of inappropriate terminology such as referring them as ‘illegal migrants’ or ‘illegal aliens.’453 This makes it complex for children termed as ‘illegal migrants’ or ‘illegal aliens’ to access justice systems because of discrimination and other structural challenges that they might face. The Committee on the Rights of the Child in General Comment no. 16 notes that children also find it difficult to access justice system in attempts to seek effective remedies for abuses or violations of their rights by business enterprises.454 This means that child migrants involved in child labour by business enterprises, because of their aggravated vulnerability, face challenges to access justice systems whenever their rights are violated. In certain circumstances, child migrants may lack legal standing to pursue claims against business enterprises and other parties engaging them in child labour. Due to power imbalances, migrant child labourers may also not be able to access justice against enterprises and individuals engaging them in child labour in the event their rights are violated. Further, child migrants who are victims of sexual abuse or are disabled also face difficulties in accessing justice because of social and cultural taboos and gender discrimination.455 5.11 Neglect and Violence Children, particularly those on the move, are vulnerable to neglect, violence and denial of basic rights.456 Children on the move experience violence and abuse from state authorities and other persons.457 The Committee on the Rights of the Child in General Comment No.6 notes that unaccompanied children and separated girls are at risk especially of gender-based violence, including domestic violence.458 Children who are victims of trafficking are vulnerable to violence, exploitation, coercion and abuse due to the insidious nature of human trafficking.459 Below is an anecdote from a victim of child trafficking from Gambia in Libya: 450 451 452 453 454 455 Defence for Children International, Spotlighting the Invisible: Continental Conference on Access to Justice for Children in Africa Addis Ababa | 8-10 May 2018 https://www.childjusticeinafrica.info/ (accessed 28 July 2018) As above. IOM, Children on the Move (2013) p1. As above. Committee on the Rights of the Child General Comment No. 16 (2013) On State obligations regarding the impact of business on children’s rights CRC/C/GC/16 para 66. The African Child Policy Forum (ACPF), Spotlighting the Invisible Justice for Children in Africa 2018 p xv & xvi. 456 457 458 459 UNICEF, For Better Implementation of Migrant Children’s Rights in South Africa (2009) p 3. As above. CRC, General Comment No. 6 (2005) Treatment of Unaccompanied and Separated Children Outside their Country of Origin CRC/C/GC/2005/6 para 3. The African Child Policy Forum (ACPF), Spotlighting the Invisible Justice for Children in Africa 2018 p xvi. 81