A/HRC/36/51
the problem is not a lack of legislation or of programmes designed to protect migrant
children, but a lack of effective application.84
110. The child’s best interests should be the guiding principle in the design and
implementation of migration policies, and funding for child migration issues should be
included in the budget of the main government agencies. There is confusion about,
and often misinterpretation of, the practical application of the principle of the best
interests of the child; it is therefore important to provide guidance on the practical
application of this principle. The responsibility of caring for unaccompanied children
should be promptly entrusted to national child protection authorities, and not left to
border or security officials or immigration authorities.
111. It is highly recommended that States of origin, transit and destination should
implement a participatory national policy on child migrants. A policy based on a
human rights approach should analyse the financial, economic, social, cultural and
administrative aspects of child migration, particularly in relation to child trafficking
and labour exploitation.
112. States should eliminate any gaps between the living conditions of
unaccompanied migrant children and those of children for whom the welfare
authorities are responsible. The former should not be subjected to discrimination
merely because of their migration status.
113. Measures should be taken to change negative perceptions of migration flows in
order to end the criminalization of migrants. In many countries, migration issues
continue to be dealt with from a perspective that prioritizes border protection and
security rather than the protection of human rights.
114. States should reconcile domestic law with international standards. Outdated
practices and laws should be restructured. Many countries are not yet applying
individual rights that are enshrined in the Convention on the Rights of the Child: for
example, regulations governing the grounds for expulsion and the procedure for its
execution may not specifically mention children. Meanwhile, legislation on child
protection in many countries lacks an approach that takes into account the particular
situation of unaccompanied migrant children. One practical application of the
principle of the best interests of the child is to recognize that detention of a child
because of a parent’s immigration status is never in the child’s best interests.
115. States should set up committees with a clear mandate that will allow partners
from countries of origin, transit and destination to meet and present issues and
problems of common interest, and improve coordination for more effective and
efficient protection of the rights of unaccompanied migrant children.
116. In the processing of asylum applications for children, States are encouraged to
give due consideration to child-specific forms of persecution, including child
trafficking and other forms of exploitation and violence against children.
117. Efforts should be made at every level of the migration and reception system to
use staff who have been specially trained in the treatment of children and the rights of
the child. States should organize and conduct regular training of officials in the
correct treatment of unaccompanied children.
118. States should ensure that the support centres serving as first contact points for
unaccompanied children have special secure accommodation facilities used solely for
unaccompanied children.
119. States should establish programmes in centres that give priority to the social
integration of migrant children. Activities such as language-learning and integration
courses, learning support, education programmes and preparation for an independent
way of living should be envisaged.
84
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Source: Congregation of Our Lady of Charity of the Good Shepherd, Mexico.
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