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 8

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