A/75/183 Committee on the Rights of the Child has clearly stated that immigration detention of any child is a violation of children’s rights and always contravenes the principle of the best interests of the child. 5 This position has been affirmed by joint general comment No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families/No. 23 (2017) of the Committee on the Rights of the Child on State obligations regarding the human rights of children in the context of international migration in countries of origin, transit, destination and return. 17. Several special procedures mandate holders have also stressed that immigration detention of children should be prohibited (A/HRC/39/45, annex, para. 11, A/HRC/37/50, para. 73, and A/HRC/30/37, para. 46). 18. In addition, several United Nations human rights mechanisms have emphasized that children should never be criminalized or subject to punitive measures, such as detention, because of their or their parents’ migration status (see CMW/C/GC/4CRC/C/GC/23). Immigration detention of children can never be understood as compliant with the child’s best interests, not even as a measure of last resort, as there are always non-custodial solutions available (A/74/136, para. 91). 6 19. A great number of initiatives and efforts demonstrate that there is an international momentum towards eliminating immigration detention of children. Member States made concrete commitments to work towards ending the practice of child detention for the purposes of determining migration status when adopting the New York Declaration for Refugees and Migrants (General Assembly resolution 71/1, para. 33). 20. Building upon these efforts, and with the adoption of the Global Compact for Safe, Orderly and Regular Migration, States committed to work to end the practice of child detention in the context of international migration by ensuring the availability and accessibility of a viable range of non-custodial alternatives that are in line with international law (General Assembly resolution 73/195, annex, para. 29). 21. Furthermore, the 2030 Agenda for Sustainable Development provides an overarching impetus for action to end violence against c hildren and to leave no child behind. To fully realize Sustainable Development Goal target 16.2, which pledges to end violence against children, States must address issues of st ructural violence, abuse and denial of essential services that children often face in immigration detention. This includes developing and implementing human rights-based non-custodial solutions, and in connection with Goal target 10.7 on facilitating order ly, safe, regular and responsible migration, calls for planned and well-managed migration policies. 22. The human rights of children have neither nationality nor borders. In addition to the right to liberty, all children, without distinction, discriminatio n or exception, are entitled to all the rights of the child as protected under international human rights law, including the Convention of the Rights of the Child (see also CRC/GC/2005/6). The child’s right to non-discrimination includes the protection of children against all forms of discrimination and punishment, specifically on the basis of the status of the child and his or her parents or family members. The irregular situation in which migrant children and their families may find themselves does not deprive them of their humanity or their human rights, including their economic, social and cultural __________________ 5 6 20-09734 Committee on the Rights of the Child, “Report of the 2012 day of general discussion”, para. 32. Available at www.ohchr.org/Documents/HRBodies/CRC/Discussions/2012/DGD2012Report AndRecommendations.pdf. See also Inter-American Court of Human Rights, advisory opinion OC-21/14, “Rights and Guarantees of Children in the Context of Migration and/or in Need of International Protection ”, 19 August 2014. 5/23