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The Commission’s work on migration has an impact on children in that the enactment, implementation and any non compliance of migration laws affect migrant children as it does their parents.

The infringement and / or non compliance with migration laws, also has an effect on migrant children.  The detention of foreign nationals beyond the prescribed legal periods at Police Stations holding cells, or at Lindela for purposes of deportation has an adverse effect on the children’s right to family and parental care due to their parents being detained.

The 2008 xenophobic attacks had an adverse effect on migrants from affected communities. Family lives were disrupted.  For minor school going children this inevitably affected their right to access basic education.

The plight of undocumented and unaccompanied migrant children remains a challenge in South Africa.  Children flee their countries of origin without being unaccompanied. In these instances, they arrive in the country without any identification documents.  This makes it difficult for these children to be able to register for primary education and to access social assistance.


The Constitution guarantees that everyone is equal before the law and has the right to equal protection and benefit of the law. More emphasis and focus should also be placed in addressing matters of gender equality, transformation, LGBTi rights and gender based violence in relation to children, specifically ways to eliminate any form of discrimination in schools.

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