A/HRC/33/53 efforts made by Governments, there continues to be a big gap between the rights enshrined in human right treaties, their incorporation into domestic law and day-to-day practice. 66. In Chile, even children of migrants born in the country used to be registered as stateless because their parents were considered, owing to a biased interpretation of the Constitution, to be “foreigners in transit” (transeuntes). The legal definition of “foreigner in transit” changed two years ago, however, so that the term can only be applied to tourists and crew members. Children born in Chile of foreign parents are considered Chilean. Nonetheless, there are still reports of children who are registered as “children of foreigners in transit”, which denies them the right to a nationality or official identity.44 67. In some European States, including Austria, children have to apply for asylum in order to gain access to basic services and receive immediate legal representation, which is first provided by the legal adviser at the initial reception centre and subsequently by the provincial youth offices. Once the competent authorities have established contact with migrant children, the competent authorities should provide a solution that addresses all their protection needs, taking into account their views and favouring family reunification, except when that is against their best interest or against their will. Progress in that respect has been made in recent years. Specific laws based on the Convention on the Rights of the Child have been adopted to guarantee that children and adolescents will be heard on all matters affecting them. 68. In Guatemala, little has been done to enforce the right of children to freedom of opinion and expression; there are many obstacles to the fulfilment of this right, such as authoritarian attitudes among adults.45 The immigration policy of Guatemala lacks a human rights approach, nor has the Government developed specific policies to protect, serve and assist unaccompanied migrant children.46 69. El Salvador has an official mechanism for interacting with children in such a way as to take their views into consideration. An advisory council formed by children and adolescents representing the country’s 14 departments has been operating since 2014.47 In addition, the specialized staff of the national council for children and adolescents assists returnee children and conducts interviews with the aim of knowing their views, problems and needs. 70. In Paraguay, the code dealing with childhood and adolescence (arts. 44-47) established municipal councils for children and adolescents. The councils work with representatives of children’s organizations. Despite the existence of such councils, many organizations in Paraguay continue to complain about the lack of real and effective spaces for active participation.48 71. New laws concerning the reception of foreign protection seekers, for instance in Italy, envisage and consolidate children’s right to be heard in all matters affecting them. In Belgium, a preliminary draft bill has been proposed that would ensure that all accompanied children have the right to be heard, without the presence of their parents or legal guardians, so that they can speak freely.49 Furthermore, children already have the right to refuse accommodation provided by the responsible federal agency and to choose to live with an 44 45 46 47 48 49 Congregation of Our Lady of Charity of the Good Shepherd, Chile. Information provided by Casa Alianza Guatemala. Information provided by the Dirección de Investigación en Derechos Humanos, Procurador de los Derechos Humanos, Guatemala. Information provided by Aldeas Infantiles SOS, El Salvador. Information provided by Grupo Luna Nueva. The bill is expected to enter into force in 2016. 13