A/75/183 with their families, while others may migrate on their own or are separated from their families during the journey. 12. Every day, all around the world, migrant children are detained, whether alone or with their families, on the basis of their or their parents ’ migration status. At least 330,000 children are detained for migration-related purposes every year and 77 States are known to still detain children for migration-related reasons. The Special Rapporteur is concerned about the impact of detention and family separation on migrant children and their families, including its use to attempt to deter irregular migration, and the rising prevalence of rhetoric and policies that seek to criminalize undocumented migrants, including children. 13. International and regional human rights bodies have repeatedly stated that immigration detention of children is never in the best interests of the child and is a violation of international human rights law. In recent years, a consensus has emerged among the international community that detention damages children ’s physical, developmental, emotional and psychological health, depriving them of their fundamental rights and their childhood. Based on the fundamental principle of the best interests of the child, States are required to work towards the complete elimination of immigration detention of children by developing and implementing human rights-based non-custodial alternatives to detention. 14. For the above reasons, the present report is focused on the elimination of immigration detention of children and their families and the obligation to provide them with adequate care and reception. Through the report, the Spe cial Rapporteur aims to support Member States by providing actionable recommendations on means to enhance the protection of the rights of migrant children and their families through human rights-based non-custodial solutions. In preparing the report, the Special Rapporteur sent questionnaires to Member States, national human rights institutions, civil society organizations and relevant stakeholders, including Un ited Nations entities, to request information on good practices on the subject of the report. On 16 April 2020, the Special Rapporteur also held a webinar consultation on the issue. He is grateful for the observations and information shared by a wide array of stakeholders. 2 15. The report is based primarily on the inputs and submissions received, complemented by additional research. While not aiming to map all existing legislation and policies on ending immigration detention of children and providing adeq uate care and reception for them, the Special Rapporteur, through the report, aims to identify good practices and initiatives that demonstrate that immigration detention of children can be avoided. 3 B. International human rights framework 16. Under international human rights law, every child, at all times, has a fundamental right to liberty, family life, health, development, non-discrimination and freedom from all forms of physical or mental violence, injury or abuse, and to have their best interests as the primary consideration in all actions concerning them. 4 The __________________ 2 3 4 4/23 Submissions are available at www.ohchr.org/en/Issues/Migration/SRMigrants/Pages/CallEnding ImmigrationDetentionChildren.aspx. For definitions of “immigration detention” and “reasons related to migration status”, see CMW/C/GC/4-CRC/C/GC/23, para. 6. Convention on the Rights of the Child, art. 37; International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, arts. 16 and 17; Universal Declaration of Human Rights, arts. 3 and 9; International Covenant on Civil and Political Rights, art. 9. 20-09734

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