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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