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 Outdated practices and laws should be restructured.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 18 Source: Congregation of Our Lady of Charity of the Good Shepherd, Mexico.

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