A/HRC/33/53
VIII. Recommendations
98.
The Advisory Committee recommends that Member States should:
(a)
Whether they are countries of origin, transit or destination, adopt a human
rights perspective and assume the same protection-related responsibilities towards
unaccompanied and accompanied migrant children, as the human rights of children have no
nationality or border;
(b)
If they are States of origin, reinforce their legislative, administrative,
budgetary and political efforts to prioritize the rights of children, address the lack of basic
requirements, such as education, food and training for work, and provide special protection
against all forms of violence and discrimination, which are basic reasons why children
decide to abandon their lands. Local, national, regional and international protection systems
should be revised and strengthened. In most cases, the problem is not the lack of legislation
or of programmes designed to protect migrant children but the lack of effectiveness in their
application;62
(c)
Design and implement migration policies guided by the child’s best interests
and ensure that there are funds earmarked for child migrant issues in the budgets of the
main government agencies;
(d)
Whether they are States of origin, transit or destination, implement a
participatory national policy on child migrants. Such a policy would be based on a human
rights approach and take into account the financial, economic, social, cultural and
administrative aspects of child migration, in particular in relation to child trafficking and
labour exploitation;
(e)
Eliminate the gap in the living conditions of unaccompanied migrant children
and the living conditions of children in the care of welfare authorities. Unaccompanied
migrant children should not be discriminated against because of their migration status;
(f)
Make efforts to change the negative perceptions of migration in order to end
the criminalization of migrants. In many countries migration issues continue to be dealt
with from a perspective that prioritizes the protection of borders and security rather than the
protection of human rights;
(g)
Bring domestic law into line with international standards, and review
outdated practices and laws. Many countries are not yet respecting the individual rights set
out in the Convention on the Rights of the Child. For example, regulations on the grounds
for expulsion and the procedure for carrying out such expulsion do not make special
mention of children. Meanwhile, legislation aiming at the protection of children does not
take into consideration the particular situation of unaccompanied migrant children;
(h)
Develop boundary committees that allow partners from countries of origin,
transit and destination to meet and discuss issues and problems of common interest, and
improve coordination for more effective and efficient protection of the rights of
unaccompanied migrant children;
(i)
Make efforts to incorporate, at every level of the migration and reception
system, staff who have been specially trained in how to treat children and in the rights of
the child. Regular training sessions for officials on how to treat unaccompanied migrant
children should be organized and implemented by the State;
62
18
Congregation of Our Lady of Charity of the Good Shepherd, Mexico.
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