A/HRC/15/29
primary consideration”. Accordingly, all authorities and institutions that come into contact
with children in the context of migration are required to determine that their actions are
primarily concerned with protecting the interests of the individual child. This principle
should override all others, including conflicting provisions of migration policy should these
arise.
25.
It should be noted that the meaning of what constitutes the “best interest” will
necessarily be different in different contexts, depending on the situation of the individual
child. This makes it necessary to ensure that the individual circumstances of the child be
taken into account when determining what is in his or her best interests, including his or her
nationality, upbringing, cultural and linguistic background, vulnerability and particular
protection needs. The Committee on the Rights of the Child has recommended that, in order
to provide sufficient protection to children, the principle should be integrated into relevant
legislation and be a core component of any decision-making process. The other general
principles of child protection should be integrated into best interest determinations.
C.
Right to life, survival and development
26.
The right to life of the child is a fundamental human rights standard (art. 6 of the
Convention on the Rights of the Child). It has been interpreted to encompass but also go
beyond physical survival, to include the development of the child “to the maximum extent
possible” (art. 6, para. 2). Ensuring the non-discriminatory access of migrant children to
economic, social and cultural rights and promoting the concept of leisure and play which
encourage the fullest possible development of the child’s personality will allow for such
development. Equally important will be protecting children in the context of migration from
exploitation, detention and separation from their families in contradiction of their best
interests. The development of irregular child migrants in countries of transit and destination
can be severely affected by constraints on their rights or the rights of their parents.
27.
Linked to the general principle of survival and development is the principle of
evolving capacities (art. 5), which underlines the notion that the child is a full bearer of
rights, respects the responsibilities, rights and duties of parents and guardians, and links to
the requirement that the age and maturity of the child be taken into account in decisionmaking, particularly as their capacity to make decisions evolves.
D.
Right to be heard
28.
The right of all children to participate in matters and decisions which concern them
informs every provision of the Convention, highlighting the principle of agency, and
making clear that where appropriate children should be able to express their views, and to
be heard in judicial or administrative proceedings affecting them (art. 12).
29.
This principle has very practical policy implications, requiring State authorities to
guarantee in law and administrative practice the right of children on the move to participate
and to provide adequate information to children, as well as providing appropriate forums in
which children can exercise their right to be heard. Decisions should not be made, for
example in respect of border control and return decisions or the delivery of social services,
without consulting the affected children. In order to give effect to this right, in addition, it is
vital that all relevant personnel are adequately trained in applying a child-sensitive
perspective in their actions.
30.
Migrant children should also be able to be heard in a variety of judicial or
administrative settings including in all aspects of immigration and asylum proceedings
(such as in the context of the detention or deportation of themselves or their parents), in
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