A/75/183
including adverse consequences to their mental health and development, separation
anxiety and long-term impact and trauma. 21
31. Children in immigration detention are at a heightened risk of experiencing
violence and abuse and are more vulnerable to torture and ill-treatment, trafficking
and exploitation. Structural vulnerabilities may be compounded for groups that are
particularly vulnerable to sexual and other forms of violence, such as unaccompanied
and separated children, migrant girls, children with disabilities and children
belonging to ethnic or social minorities, including the lesbian, gay, bisexual,
transgender and intersex (LGBTI) community (see A/74/136 and A/HRC/37/50,
para. 28). 22 LGBTI children and girls are often placed in gender-inappropriate
detention facilities with unrelated adults and face discrimination, greater social
exclusion and violence, and barriers to accessing essential services such as education
and health, in particular services related to sexual and reproductive rights.
32. Children have a range of physical, psychosocial, emotional and cognitive
developmental needs. All of these can be severely compromised in detention settings.
Medical research demonstrates the long-term impact of the continuous and
cumulative nature of health, educational and social and econ omic exclusion in
addition to the stress and violence affecting children in detention. These consequences
have broader repercussions on societies, preventing children from reaching their full
potential and limiting the development of entire communities.
D.
Good practices and initiatives prohibiting and restricting the use
of immigration detention of children
33. Recent years have witnessed an outpouring of efforts in many countries to
prohibit, restrict and reduce the use of immigration detention of c hildren. Supported
by civil society and national human rights institutions, States are exploring alternative
reception and care options for both unaccompanied migrant children and those with
their families. An overview of existing legislation, policy and p ractice around the
world demonstrates that ending child immigration detention is entirely feasible and
that non-custodial alternative reception and care arrangements can provide migrant
children and their families with a protective and nurturing environmen t.
34. In many countries in different parts of the world, immigration dete ntion does
not exist and children are never held in detention for migration -related reasons. 23 The
United Nations Global Study on Children Deprived of Liberty shows that 24
jurisdictions, mainly in South and Central America, sub-Saharan Africa and the AsiaPacific region, do not or claim not to deprive children of liberty for migration
purposes. 24 A review of national legislation and policies based on information
received was undertaken to assess the extent to which national legislation and policies
prohibit or restrict the use of immigration detention of children and their families. It
is, however, important to note that the effective implementation of such legislation
and policies varies significantly among countries.
__________________
21
22
23
24
8/23
Ibid.
See also International Lesbian, Gay, Bisexual, Trans and Intersex Association and Lucas Ramón
Mendos, State-Sponsored Homophobia 2019 (Geneva, ILGA World, March 2019).
Submissions by Colombia, by Ghana, by Senegal and by Uruguay.
United Nations Global Study on Children Deprived of Liberty, pp. 455 and 463.
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