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transnational organized crime and exploitation networks or when they are sent by
family members to work abroad to send remittances back home.
41. The Special Rapporteur is particularly concerned about the situation of
unaccompanied and undocumented children on the move and the greater
vulnerabilities and risks that they may face, including, but not limited to,
discrimination, sexual and other forms of violence, and being coerced into begging,
drug dealing or prostitution by criminals or criminal organizations. Cases of
children who have been expelled at international borders or held in detention
facilities under conditions that endanger their well-being and physical integrity, thus
raising humanitarian concerns, have often been brought to the attention of the
Special Rapporteur.
42. The Special Rapporteur is also concerned about the higher risk for children in
this category of being deported without being granted access to the protection
measures to which they are entitled, especially the most vulnerable, such as child
victims of the sale of children or trafficking in persons, who, in addition, are often
treated like adult irregular migrants.
43. In paragraphs 44 to 51 below, the Special Rapporteur identifies a number of
human rights issues of particular concern affecting children on the move, including
those who are undocumented and unaccompanied.
44. The Special Rapporteur wishes to highlight the inadequacy of migrationrelated detention measures for unaccompanied children, in line with the work of the
Committee on the Rights of the Child, and encourages States to include alternative
measures to detention and to accord priority to such measures in their legislation.
45. The Special Rapporteur also encourages States to develop public policies
which ensure the effective enforcement of these alternative measures by the
competent authorities, both administrative and judicial. For example, any detention
order to be applied to a child should justify the reasons for not applying alternative
measures, and the place of detention should be chosen for the child’s integral
protection, bearing in mind that children should not be detained in prisons or with
adults.
46. The Special Rapporteur considers that child protection approaches should be at
the core of the goals and functions of detention institutions/centres, and should
include the realization of such rights as, inter alia, education, health care, recreation,
consular assistance, guardian protection and legal representation. Furthermore,
detention centres should be managed by childhood protection officers who have
received training on children’s rights.
47. The Special Rapporteur recommends that migration officials be trained,
including on the rights of the child and cultural sensitivities, and that States ensure
that age-assessment processes comply with international standards, which include
access to effective remedies to challenge age-assessment decisions. States should
also consider ensuring that children are accorded the benefit of the doubt in agedetermination procedures.
48. The Special Rapporteur further invites States to develop standardized
procedures to ensure access to asylum procedures for unaccompanied migrant
children who cannot return to their countries of origin because their lives, safety or
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