A/HRC/RES/12/6
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(e) Encourages all States to apply a gender perspective when developing migration
policies and programmes in order to take the necessary measures to better protect girls against
dangers and abuse during migration;
(f) Urges States to ensure that repatriation mechanisms allow for the identification and
special protection of children, and that repatriation processes fully respect the rights of the child
and take into account, in conformity with their international obligations and commitments, the
principles of the best interests of the child and non-refoulement, and family reunification;
4.
Reaffirms that the arrest, imprisonment or detention of a child should be in
conformity with the law and the international obligations of the State, and recalls in this context
article 37 of the Convention on the Rights of the Child, which provides that such measures
should be taken only as a last resort and for the shortest appropriate period of time, and urges
States to protect effectively the rights of children affected by the detention of their parents,
guardians or family members because of their migratory status and, in this regard:
(a) Encourages States to consider positively alternatives to detention for children and the
family group, when children or their parents are detained on the sole basis of their migratory
status, recalling in this context the conclusions and recommendations of human rights
mechanisms that the treatment of irregular migration of children as a criminal offence can have a
negative impact on the enjoyment of their human rights, and taking into account the necessary
balance between the need to protect family unity and the best interests of the child;
(b) Reaffirms emphatically the duty of States parties to ensure full respect for and
observance of the Vienna Convention on Consular Relations, in particular with regard to the
right of all foreign nationals, regardless of their immigration status, to communicate with a
consular official of the sending State in the event of arrest, imprisonment, custody or detention,
and the obligation of the receiving State to inform the foreign national without delay of his or her
rights under the Convention;
5.
Calls upon States of destination to protect effectively the human rights of children in
the context of migration, without discrimination of any kind and, in this regard:
(a) To ensure for migrant children, regardless of their legal status, the enjoyment of all
human rights and, in accordance with their national laws and any relevant international
obligations, appropriate access to health care and social services;
(b) To prevent and eliminate discriminatory policies that deny migrant children access
to education, regardless of their migratory status;
(c) To ensure that every child preserves his or her identity, including nationality, name
and family relations as recognized by law, without unlawful interference, including by ensuring
the registration and issuance of birth certificates for every child, irrespective of his or her
immigration status and that of his or her parents or family members;
(d) To take all reasonable steps to avoid the difficulties associated with statelessness for
migrant children, in line with international obligations;
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