A/HRC/36/21
regarding the vulnerability of unaccompanied migrant children and adolescents and the
human rights violations that they faced during their migratory journey. She stated that a lot
of different words had been used to describe the situation of migrant children, but in the end
the fact remained that they were children first and foremost, regardless of their legal
category, their migration status or any other factor. She stressed that that fact had emerged
strongly in the panel discussion. The protection of the child’s best interests had to be a
primary consideration that prevailed over migration management objectives, or other
administrative considerations, and should be the guiding principle in establishing policy
frameworks or public policies that affected children, including in the context of the
appointment of guardians, age assessment, immigration detention, returns, access to basic
services and family reunification. The principle of non-discrimination should similarly
underpin all measures that affected migrant children and adolescents including education
policies, migration border control measures and family reunification. A robust gender
analysis of the differential impacts of migration policies and programmes on migrant
children of all genders was also essential. A holistic and comprehensive approach
constituted a key element of the survival, growth and development of migrant children,
including the physical, mental, moral, spiritual and social dimensions of their development.
The use of detention, even for short periods, could be extremely detrimental to their
physical and mental health. The testimony of Mr. Hassanpour had underlined the
importance of listening to migrant children’s voices and of learning from their experiences.
States should, thus, take measures to ensure the right of migrant children to be heard and
their participation in decisions affecting them.
40.
Mr. Mezmur stressed that the principle of the best interests of the child should be
considered as a procedural right that needed to guide all relevant polices. In a number of
instances, there had been a lack of emphasis on primary prevention. Exploitation risks were
often exacerbated during the age assessment processes at borders. The provision of
effective campaigns to address discrimination and hate speech against migrants, including
children, and to facilitate their access to health services and education, was essential.
Likewise, migrants, and particularly migrant children, should be granted residence status. In
that way, they were more likely to be protected from serious human rights violations,
including in the context of a lack of decent work in informal and unregulated sectors such
as agriculture and mining. It was crucial to abandon the current numbers-driven approach to
return procedures, and to put in place measures that responded to the reasons why children
were migrating in the first place. That would help in protecting migrant children from
having to move on ever more dangerous routes. Unfortunately, the acceleration of returns
had been done at a high cost, particularly to the lives and rights of children on the move. In
concluding, Mr. Mezmur highlighted the significant role played by regional organizations
such as the Economic Community of West African States, which had developed promising
practices for the identification of children on the move.
41.
Ms. Carletti addressed States’ efforts in regard to the global compact, suggesting
that protection for unaccompanied children could be increased though domestic initiatives
and legislation. She gave the example of the Italian action plan that provided for the
creation of shelters for unaccompanied minors. Primary assistance, screening and other
steps were guaranteed at those locations, and all relevant information was included in a
designated system. Regarding how to strengthen migrant children’s rights, she mentioned
some key areas, such as guardianship systems and family tracing mechanisms. She also
stated that training and education institutions were essential in allowing children to fully
enjoy their right to access to education. Facilitating education avenues for children was
crucial to facilitating their entrance in the labour market. Such measures and policies had
been adopted in Italy, a country that had faced a massive influx of unaccompanied migrants
in recent years.
42.
Mr. Melandri stressed the need for commitments to be translated into action. Even
though the Convention on the Rights of the Child was the most ratified human rights
instrument, the problem lay in its implementation at national level. The Convention
concerned all children in a country, regardless of their status. The main issue was to
implement, update and upgrade national legislative frameworks and ensure that they
reflected the components of the Convention. Children were holders of rights that all
Member States had acknowledged and accepted through their ratification of international
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