A/HRC/36/21
was legitimate for States to use the Convention to guide their response to migratory
movements.
16.
Cristiana Carletti, of Roma Tre University, emphasized that all children, including
unaccompanied minors, were entitled to have their human rights respected, and in particular
to have their best interests taken as a primary consideration in host, transit and destination
countries. Taken in conjunction with the Convention relating to the Status of Refugees, of
1951, that principle should be seen as reinforcing and expanding the Convention provisions
for the protection of unaccompanied minors in instances where domestic protection
alternatives were being assessed or when removal of a child to a “safe third country” or to
the child’s country of origin was being considered.
17.
According to Ms. Carletti, the following measures can be put in place in order to
address unaccompanied minors’ basic needs: establishing appropriate identification and age
assessment procedures in reception centres; recruiting personnel with specific skills to work
alongside unaccompanied minors, including cultural mediators; adopting methodologies to
trace family members so as to facilitate the implementation of family reunification
programmes; assisting voluntary repatriation, using a case-by-case approach; and creating a
specific data collection system, to include all essential information about each case.
Moreover, Member States should persevere in their efforts to develop in 2018 a global
compact for safe, orderly and regular migration.
18.
Ms. Carletti cited as an example of good legislative practice the approval by the
Italian Parliament of Act No. 47 of 7 April 2017, which provided new, comprehensive
legislation on accompanied and unaccompanied minors, in compliance with Human Rights
Council resolution 33/7. In particular, the Act repeated the principles formulated by the
Committee on the Rights of the Child, such as its definition of “unaccompanied minors”,
and the principle of non-refoulement of unaccompanied minors at borders; reduced the
maximum length of time that the identification process could take for unaccompanied
minors; provided them with psychosocial support and with access to education and health
care; created a list of voluntary guardians, managed by local communities; and ensured the
direct participation of unaccompanied minors in decision-making processes concerning
them.
19.
Lucio Melandri, of UNICEF, noted that the number of children moving across
international borders had been skyrocketing in the past decade. For example, in Europe
alone, the number of children seeking asylum had multiplied almost tenfold between 2008
and 2016. Because the factors driving children to seek refuge, such as hunger, conflict,
violence, poverty and climate shocks showed no sign of abating, migration flows were
expected to remain constant or to grow.
20.
States’ migration management, depending on their inclination, could either
contribute to protecting unaccompanied migrant children and adolescents or could increase
the risks they were exposed to. For instance, sudden border closure measures and
aggressive pushbacks could leave children in countries where they were not welcomed, or
had few opportunities. Consequently, children could turn to smugglers, who ranged from
people who were helping others in need, for a fee, to organized criminal networks that
exploited and abused children.
21.
Barriers to legal migration did not stop children from migrating but only pushed
them underground, thereby making them more vulnerable to trafficking and exploitation.
The lack of timely information, of guardians and of access to services, as well as weak
child protection systems and inadequate law enforcement measures, worked in favour of
traffickers and against the children. Moreover, even when unaccompanied migrant children
were highly in need, their mistrust of institutions, and their fear of detention and
deportation, prevented them from coming forward to seek protection and support.
22.
Hence, UNICEF recommended that Member States: (a) protect child refugees and
migrants, particularly unaccompanied children, from exploitation and violence; (b) end the
detention of children seeking refugee status or migrating, by introducing a range of
practical alternatives; (c) keep families together, as the best way to protect children and
give children legal status; (d) keep all refugee and migrant children in education and give
them access to good-quality health care and other services; (e) press for action on the
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