A/75/183
children’s physical, social, emotional and cognitive skills development, depriving
them of their fundamental rights, and their future.
83. To meet States’ commitment to eliminate immigration detention of children,
whether unaccompanied or with families, a paradigm shift is required to
transition away from a focus on enforcement and coercion due to the
criminalization of migration and towards providing human rights-based
alternative care and reception through engagement-based solutions, such as a
case management approach.
84. According to the information provided by States and other relevant
stakeholders, immigration detention of children is effectively avoidable, whether
through explicit prohibition under domestic law or by refraining from such
practices, despite prohibition not being enshrined in domestic law.
85. Promising initiatives in a number of countries showcase significant efforts
made by States and many other actors to provide migrant children and their
families with alternative care and reception arrangements that aim at fulfilling
the best interests of the child, along with their rights to liberty and family life
and other essential services while their migration status is being resolved. It is
also proven that there are practical alternative measures before removals.
Recommendations
86. The Special Rapporteur calls on States to end child immigration detention
and provide adequate alternative care and reception for all migrant children and
their families, which promote children’s rights and well-being. More specifically,
States are urged to:
(a) Establish in domestic law an explicit prohibition of immigration
detention of all migrant children under the age of 18, including unaccompanied
children and children with their families. Policy framework and quality assurance
processes should be established to ensure that the prohibition is effectively
implemented and that migrant children are provided with the strongest protection;
(b) Release all migrant children, both unaccompanied children and
children with families, from immigration detention and place them in
appropriate alternative care and non-custodial reception facilities that promote
and respect their human rights;
(c) Strengthen existing national child protection and welfare systems and
integrate unaccompanied migrant children into these systems without any
discrimination, irrespective of the child’s migration status. Child protection and
welfare authorities, rather than immigration authorities, should take primary
responsibility for the care and safety of migrant children. Child protection
authorities should be informed and involved from the outset upon the
identification of an unaccompanied or separated migrant child;
(d) Promote and provide capable, committed and sufficient resources for
the development and implementation of alternative care and reception
arrangements for migrant children and their families, including by redirecting
some resources currently expended on immigration detention;
(e) Promote family unity throughout asylum and other migration-related
procedures, refrain from adopting any policy that would lead to systematic
family separation and take appropriate measures to prevent and respond to
family separation in the context of international migration;
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