E/CN.4/2003/85 page 14 Detention of women, children and other vulnerable groups 43. The Special Rapporteur observed that very often national legislation does not contain special provision regarding administrative detention of vulnerable groups, such as children, pregnant women, the elderly and the physically and mentally ill. Administrative detention should never be punitive in nature and special arrangements should be sought to protect vulnerable groups. In these cases the harm inflicted seems to the Special Rapporteur to be wholly disproportionate to the policy aim of immigration control. 44. Undocumented migrants often do not denounce violations and abuses for fear of being detained and deported. In the experience of the Special Rapporteur, this is particularly the case for migrants working in the informal and private sectors, such as women domestic workers, who are particularly vulnerable to exploitation and abuse. 45. Article 37 of the Convention on the Rights of the Child requires States parties to ensure that minors are detained as a measure of last resort and for the shortest possible period of time. In accordance with article 3 of the Convention, the best interests of the child shall be the primary consideration in any action taken by States parties. 46. The detention of migrant children for administrative infractions is forbidden under the legislation of some countries, which provides for unaccompanied irregular migrant children to be entrusted to foster families or institutions for minors. However, in other countries, immigration laws and regulations are silent with respect to the detention of minors, including unaccompanied children. In these cases decisions are taken on individual cases, often with reference to other national provisions and regional and international obligations. Even when administrative detention of migrant children is prohibited, other legislative provisions of the same country may allow for minors to be detained for criminal offences where breaches of immigration law are considered as such. 47. According to the Special Rapporteur’s information and personal observations, minors, including unaccompanied children, are at times detained for long or undetermined periods and deported under no clear authority and on discretional grounds, with no possibility of challenging the legality of the measure before a court or other competent, independent and impartial authority. The legislation or regulations of several countries provide for “family detention”, whereby children under a certain age are detained with their parents, either in special facilities or in separate rooms within centres for migrants or penitentiaries. However, accompanied and unaccompanied children are often detained in punitive and inadequate conditions, deprived of the care, protection and rights to which they are entitled under the Convention on the Rights of the Child and other international human rights norms, including the right to education, physical and mental health, privacy, information, and rest and leisure, among others. During her visits the Special Rapporteur personally met women with newborn babies who did not even have blankets to protect them from the cold.