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