Separation of Children from their Migrant Parents during Detention and Expulsion
40. A common practice in Russia is the separation of children from their parents who have been confined in
CTDFNs and the expulsion of these children separately from their parents. This violates human rights
norms of Russian and international laws, in particular Articles 2 (non-discrimination), 3 (best interests of
the child), 8 (name, citizenship and family relations), 9 and 10 (family unity) of the UN Convention on the
Rights of the Child. It also violates Article 54 of the RF Family Code29, which enshrines the right of a child
to the protection of his or her interests, all-round development, and respect for his or her human dignity,
as well as other constitutional norms that guarantee the support and protection of the family from
discrimination, including in the area of family life, based on respect for dignity of the person.30
Recommendations
41. Based on this submission, the co-submitting organisations propose that Reviewing States make the
following recommendations to the Russian Federation:
I.
Fully promote, respect, protect and fulfil its obligations towards stateless persons in Russia,
under international Human Rights law. In particular, prohibit any discrimination against stateless
persons in the enjoyment of their rights, on the basis of their lack of a legal status.
II.
Accede to and fully implement the Convention relating to the Status of Stateless Persons (1954),
the Convention on the Reduction of Statelessness (1961), and the Council of Europe Convention
on the avoidance of statelessness in relation to State succession (2006); and ratify the European
Convention on Nationality (1997).
III.
Create an effective procedure to grant legal status and nationality to stateless persons, ensuring
their protection from administrative persecution. This procedure should include the issuance of
identification documents for stateless persons, recognising their right to legally live and work in
Russia.
IV.
Ensure that the right of every child to acquire a nationality, as set out in CRC Article 7 is respected,
and that all – otherwise stateless – children born in Russia are granted citizenship.
V.
Take positive measures to expedite the legalisation and recognition of Russian nationality of
ethnic minority groups vulnerable to discrimination, including the Ahiska (Meskhetian Turks),
Roma and Koreans.
VI.
Review the provisions for the deprivation of nationality of naturalised Russian citizens, taking into
consideration that deprivation of nationality is not an appropriate punishment, and ensuring at
the very least, that no person is made stateless as a result.
VII.
Cease to perceive stateless persons as ‘illegal migrants’ and protect all stateless persons from all
expulsion measures.
VIII.
Fully implement the ECHR judgment in the case “Kim vs Russia”, including by putting in place a
mechanism for the periodic judicial review of the lawfulness of detention, including in relation to
legitimate purpose, duration and conditions of detention in the CTDFNs.
IX.
Legislate for and implement a time limit for administrative detention in line with accepted
international standards. Ensure that released detainees are protected from re-detention and that
29
Family Code of the Russian Federation
https://www.consultant.ru/document/cons_doc_LAW_8982/d97e3158b12d1907c420a43e1ce229d24956b2b9/
30 Article 7; Article 17(1); Article 19(1) and (2); Article 21(1); Article 38(1) and (2); Article 45 (1); Article 46 (1) and (2) of the
Constitution of the Russian Federation http://www.constitution.ru/
10