A/HRC/15/29
(g)
UNHCR has developed the Guidelines on Formal Determination of the Best
Interests of the Child76 in the context of its mandate, which provide practical guidance on
how to determine the best interests of children. The best interests determinations are
undertaken through the establishment of a determination panel, and through putting in place
standard operating procedures;
(h)
The Global Migration Group is a group of United Nations and other agencies
which aims to encourage better coordinated approaches to the issue of international
migration, including through mainstreaming human rights approaches to migration. The
group places a specific focus on the impact of migration on children.77
VI.
Conclusions and recommendations
86.
The protection of the rights of all children in the context of migration is a
matter of utmost importance. While recognizing that children have particular
vulnerabilities and needs and that they may be subject to discrimination, violence and
abuse in the context of migration, the situation of children should not be artificially
separated from that of their adult parents and families. The best way to protect the
rights of the child in this context is to ensure that migration policies in general do not
criminalize migrants, are non-discriminatory in purpose and effect, address the entire
process of migration from a child and gender perspective, are premised on and
respectful of human rights norms and standards, and are evidence-based and
coordinated between all relevant stakeholders.
87.
To this end, the High Commissioner recommends that effective measures are
put in place in order to ensure the protection of the human rights of all children in the
context of migration, including:
(a)
States should integrate the rights and participation of children in the
formulation, implementation and monitoring of all relevant legislation and
administrative regulations, including childhood policies and plans on access to
essential services, as well as migration policies. Where relevant, national human rights
institutions and ombudspersons should be given a mandate to monitor, promote and
protect the rights of children in the context of migration;
(b)
All State officials and private personnel who come into contact with
children in the context of migration, including border control authorities and
personnel in detention centres, should be adequately trained to apply a child-sensitive
and rights-based approach, which takes account of the specific vulnerability, needs
and rights of children on the move. The principles of the Convention on the Rights of
the Child should be an integral part of this training;
(c)
States should avoid and repeal laws and administrative regulations that
require public officials (including in the fields of service provision, local police and the
judiciary) to report the presence of irregular migrants to migration authorities, as
well as legislation that criminalizes the provision of assistance to irregular migrants.
States should take measures to ensure durable solutions to the situation of irregular
migrant children, including consideration of regularization programmes, through an
integrated and protective rather than punitive approach;
76
77
22
UNHCR, UNHCR Guidelines on Formal Determination of the Best Interests of the Child, May
2006. Available from http://www.unhcr.org/refworld/docid/447d5bf24.html.
See http://www.globalmigrationgroup.org/migration_and_children.htm.
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