A/64/213
Sustainable return and reintegration
81. The Special Rapporteur highlights the importance of ensuring the reintegration
of migrants who return to their countries, either voluntarily or involuntarily, and
encourages the design and implementation of programmes for the sustainable return
and reintegration of children, including alternatives to return on the basis of the best
interests of the child.
82. The Special Rapporteur suggests that reintegration programmes take into
account the social and human aspect of migration, including the psychological
effects of uprooting, the difficulties of reinsertion in the labour market and problems
linked to the existence of debt in the country of origin, and recommends the
development of comprehensive reintegration programmes involving migrants, their
families, Governments and civil society at large.
83. The Special Rapporteur encourages Governments to increase efforts to
implement registration systems for their migrating citizens and to monitor their
return. That in turn would help in monitoring the situation of children left behind
and make it possible to assess the problems faced by returnees and to develop
appropriate strategies to facilitate their social and economic integration.
Deportation of children
84. The Special Rapporteur is concerned about the protection of the human rights
of children who are subject to deportation and wishes to insist on the importance of
respecting the best interests of the child in such procedures.
85. The Special Rapporteur invites States to give consideration to the principle of
non-deportation of unaccompanied children, whereby children should be repatriated
only if it is in their best interests, namely, for the purpose of family reunification
and after due process of law. The Special Rapporteur notes that the enforcement of
this principle would require public policies and a legal framework in both the
country of origin and that of destination. In this regard, the Special Rapporteur
regrets that the recently adopted European Union return directive (2008/115/EC)
authorizes the deportation of children migrants in the same sense as adults (art. 10),
despite some specific protection measures. No distinction is made regarding the
nature of the deportation, which in both cases is a “punitive approach” instead of a
“protection approach”, as stressed by the Committee on the Rights of the Child and
other human rights institutions and mechanisms at the global and regional levels.
86. The Special Rapporteur also wishes to emphasize that mechanisms are also
needed to ensure children’s rights and perspectives within the deportation
procedures of their parents (based on their migration status), especially their right to
be heard. While States tend to consider the rights of the adults involved in such
procedures (including the right to the family unit), there is no specific mechanism
that considers the rights of their children.
Migration-related detention of children
87. Migration-related detention of children should not be justified on the basis of
maintaining the family unit (for example, detention of children with their parents
when all are irregular migrants). As the United Nations Children’s Fund and other
experts have stressed, detaining children will never be in their best interests. Hence,
the ideal utilization of a rights-based approach would imply adopting alternative
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