10. 申请庇护的移民儿童与不申请庇护的移民儿童往往有非常不同的移民动机。寻求庇护儿童常常因为担心迫害或广泛暴力而逃离自己的国家；恐惧是普遍的，还有强烈的不安全感和有罪不罚感觉。4 不寻求庇护儿童往往是希望找到一个地方，能够享有基本人权，包括得到特别保护。《难民地位公约》及其议定书适用于寻求庇护者，而移民儿童则受国际人权法的保护。然而，在过境地、收容所和目的地国，移民儿童和寻求庇护儿童同样面临各种风险和侵犯人权行为。如《纽约难民和移民宣言》所述，移民和难民儿童享有相同的普遍人权。5
10. There are often important differences in motivation between migrant children who apply for asylum and those who do not. Children who seek asylum often flee their country from fear of persecution or because of generalized violence; fear is widespread and there is a profound sense of insecurity and impunity.4 Children who do not fall within the definition of an asylum seeker are often moved by the desire to find a place where their basic human rights, including special protection, can be met. Asylum seekers are covered by the Convention relating to the Status of Refugees and its Protocol, while migrant children are covered by international human rights law. However, while in transit, on reception and in destination countries, migrant children and child asylum seekers are exposed to the same risks and human rights violations. Migrant and refugee children have the same universal human rights, as stated in the New York Declaration for Refugees and Migrants.5