A/HRC/12/50
(a)
Encourages States to consider positively alternatives to detention for children
and the family group, when children or their parents are detained on the sole basis of their
migratory status, recalling in this context the conclusions and recommendations of human
rights mechanisms that the treatment of irregular migration of children as a criminal offence
can have a negative impact on the enjoyment of their human rights, and taking into account
the necessary balance between the need to protect family unity and the best interests of the
child;
(b)
Reaffirms emphatically the duty of States parties to ensure full respect for
and observance of the Vienna Convention on Consular Relations, in particular with regard
to the right of all foreign nationals, regardless of their immigration status, to communicate
with a consular official of the sending State in the event of arrest, imprisonment, custody or
detention, and the obligation of the receiving State to inform the foreign national without
delay of his or her rights under the Convention;
5.
Calls upon States of destination to protect effectively the human rights of
children in the context of migration, without discrimination of any kind and, in this regard:
(a)
To ensure for migrant children, regardless of their legal status, the enjoyment
of all human rights and, in accordance with their national laws and any relevant
international obligations, appropriate access to health care and social services;
(b)
To prevent and eliminate discriminatory policies that deny migrant children
access to education, regardless of their migratory status;
(c)
To ensure that every child preserves his or her identity, including nationality,
name and family relations as recognized by law, without unlawful interference, including
by ensuring the registration and issuance of birth certificates for every child, irrespective of
his or her immigration status and that of his or her parents or family members;
(d)
To take all reasonable steps to avoid the difficulties associated with
statelessness for migrant children, in line with international obligations;
(e)
To deal with applications to enter or leave a State for the purpose of family
reunification in a positive, humane and expeditious manner, while ensuring that the
submission of such requests entail no adverse consequences for the applicants and for the
members of their family;
(f)
To consider the possibility of adopting immigration programmes that allow
migrants to integrate fully into the host countries, facilitate family reunification and
promote a harmonious and tolerant environment;
6.
Requests the Secretary-General to continue his efforts to promote and raise
awareness of the International Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families and the Convention on the Rights of the Child,
and to support, as appropriate, the building of greater synergies between the Committee on
the Rights of the Child and the Committee on the Protection of the Rights of All Migrant
Workers and Members of Their Families, and to strengthen cooperation for the protection
of migrant children;
7.
Requests the Office of the United Nations High Commissioner for Human
Rights to continue to elaborate and disseminate training and awareness-raising material on
the rights of children in the context of migration, and to continue to contribute to national
efforts in the development and implementation of policies and programmes that promote
and protect their rights and, upon the request of States, to continue to provide assistance in
the training of immigration officials;
8.
Also requests the Office of the High Commissioner to prepare a study on
challenges and best practices in the implementation of the international framework for the
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