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measures for the entire family; States should therefore develop policies for placing
the entire family in locations alternative to closed detention centres.
88. Some countries make distinctions among children (for instance, children above
12 years of age) with regard to detention policy. In such cases, children over
12 years of age are detained in detention centres, while those under 12 are placed in
protection centres for children. Such a practice should be considered an unlawful
interpretation of article 1 of the Convention on the Rights of the Child. Furthermore,
adolescents should not be treated as adults.
Double victimization of trafficked persons
89. The Special Rapporteur observes with regret that in some instances victims of
trafficking in persons, especially women and children, face double victimization.
The Special Rapporteur has received information about persons being trafficked and
then charged with illegal entry or the forging of documentation, disregarding their
condition as victims of transnational organized crime.
90. The Special Rapporteur wishes to emphasize that States should provide
assistance to victims of trafficking irrespective of their cooperation in relation with
judicial proceedings, and invites States to strengthen efforts to improve victim
identification processes and the corresponding referral mechanisms, including
referral to asylum-seeking systems, where appropriate.
91. The Special Rapporteur encourages States to ensure the application of
international standards and a human rights-based approach to victim protection,
taking into account a gender perspective and the special needs of children. A human
rights-based approach to victim protection should include, inter alia, access to a
range of assistance services, the granting of a reflection period, access to
compensation, the possibility of temporary or permanent residency and the
non-liability of victims for involvement in unlawful activities as a result of being
trafficked.
IV. Conclusions and recommendations
92. Ensuring that all migrants, regardless of their immigration status, enjoy
their internationally recognized human rights at all stages of the migration
process should be the guiding principle of migration governance. Despite the
progress made, much remains to be done to ensure the enjoyment by migrants
of their human rights.
93. As discussed throughout the present report, there are a number of issues
of concern that warrant further attention, cooperative effort and protectionsensitive and human rights-tailored responses. In the light of the foregoing, the
Special Rapporteur wishes to put forth a number of general recommendations
for further consideration and action.
94. States should effectively promote and protect the human rights and
fundamental freedoms of all migrants, in particular those of women and
children, regardless of their immigration status, in conformity with the Charter
of the United Nations and international human rights standards.
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