A/HRC/36/21
34.
Speakers emphasized that, above all, all children on the move were entitled to enjoy
their human rights, and that they must be treated as children first and foremost. Protection
should take place in accordance with international human rights standards, and especially in
accordance with the Convention on the Rights of the Child. Thus, the best interests of the
child should be a main consideration in any decision-making procedure, including with
regard to age assessments, entry, stay and expulsion. Particular focus should be placed on
the specific needs and vulnerabilities of migrant children and adolescents, as affirmed in the
landmark New York Declaration. A robust gender analysis of the differential impacts of
migration policies and programmes on migrant children of all genders was also essential,
and procedural guarantees needed to be elaborated in order to address the rights and needs
of unaccompanied minors. In a similar manner, the principle of non-discrimination should
scrupulously be applied to all policies affecting migrant children and adolescents.
35.
Speakers agreed that unaccompanied migrant children and adolescents constituted
an extremely vulnerable group that was at an increased risk of grave human rights
violations throughout their migration. Children often migrated not out of free choice, but in
response to a reality aggravated by — inter alia — poverty, armed conflicts and the effects
of climate change. Along hazardous migratory routes, both boys and girls were vulnerable
to being trafficked and to other forms of abuse, exploitation and violence. They often had
limited or no access to basic services, such as to education, health care and housing. As
such, in many instances they were exposed to discrimination, exclusion and
marginalization. Border control policies had also contributed to heightening the risks faced
by migrant children, and some speakers noted that children were being denied protection at
borders, including because they had been misidentified as adults. Speakers highlighted the
need for all children to enjoy access to justice in the context of border management
measures, including access to legal aid when this was necessary to avoid returns that were
not in their best interests.
36.
Participants emphasized that children must not be treated as criminals, and in that
regard expressed concern that migrant children could be subjected to punitive policies as a
result of their own migratory status or that of their parents. Speakers expressed the view
that immigration detention of children should be avoided and alternatives should be
pursued, taking into consideration the fundamental principle of the best interests of the
child. Participants noted that even short periods of detention could have long-term effects
on a child’s development.
37.
Speakers stressed that there was a need to enable the integration of migrant children
in local communities, in order to ensure that they felt safe and welcome. Their nondiscriminatory access to basic services was an important prerequisite in that regard.
Language training and access to education were vital for migrant children’s integration into
society, and subsequently, also, their ability to access and contribute to domestic labour
markets. The provision of documentation that met their needs and protected them from
further vulnerability was another essential component in successful and rights-based
integration.
38.
Speakers shared a number of best practices that addressed the specific needs of
unaccompanied migrant children and adolescents. It was emphasized that the international
community should make every effort to uphold their human rights, and to ensure that
specific protection interventions were put in place. Participants stressed that all such efforts
should be reflected in the global compact for safe, orderly and regular migration, which
should also be seen as an opportunity to develop robust, tangible and measurable
commitments to upholding the human rights and fundamental freedoms of all migrant
children, regardless of their status.
C.
Responses and concluding remarks
39.
During and after the interactive discussion, the Director of the Thematic
Engagement, Special Procedures and Right to Development Division of OHCHR, in her
capacity as moderator, gave panellists the opportunity to respond to questions and to make
concluding remarks. She observed that there was a common concern among States
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