A/HRC/20/24 39. Furthermore, the Convention provides that in any action taken by States concerning children, the best interests of the child shall be a primary consideration (art. 3). It also sets forth the right for children not to be separated from their parents against their will (art. 9); and the obligation of States to take appropriate measures to ensure that minors who are seeking refugee status or who are recognised refugees, whether accompanied or not, receive appropriate protection and assistance (art. 22). 40. Migrant children are sometimes detained together with their parents when the latter are found to be in an irregular situation, justified on the basis of maintaining family unity. Not only may this violate the principle of the best interests of the child and the right of the child to be detained only as a measure of last resort, but it may also violate their right not be punished for the acts of their parents (art. 2, para. 2). This does not mean that the best interests of the child are served through splitting up the family by detaining the parents and transferring their children to the alternative-care system. The detention of their parents has a detrimental effect on children, and may violate children‟s right not to be separated from their parents against their will, as well as the right to protection of the family set forward in article 23 of the International Covenant on Civil and Political Rights and article 10 of the International Covenant on Economic, Social and Cultural Rights. A decision to detain migrants who are accompanied by their children should therefore only be taken in very exceptional circumstances. States must carefully evaluate the need for detention in these cases, and rather preserve the family unit by applying alternatives to detention to the entire family. 41. Children can also make migratory journeys on their own, sometimes having been separated from their parents or other adult relatives. These unaccompanied or separated children are vulnerable to becoming victims of human rights violations, such as sexual and economic exploitation and trafficking, and their situation requires special attention. In its general comment No. 6 (2005) on treatment of unaccompanied and separated children outside their country of origin, the Committee on the Rights of the Child stated that unaccompanied and separated children should not, as a general rule, be detained, and detention cannot be justified solely on the basis of their migratory or residence status, or lack thereof, nor should they be criminalized solely for reasons of irregular entry or presence in the country. The Working Group on Arbitrary Detention has stated that, given the availability of alternatives to detention, it is difficult to conceive of a situation in which the detention of an unaccompanied minor would comply with the requirements stipulated in article 37 (b) of the Convention on the Rights of the Child (A/HRC/13/30, para. 60). States should instead appoint a guardian or adviser as soon as the unaccompanied or separated child is identified and maintain such guardianship arrangements until the child has either reached the age of majority or has permanently left the territory and/or jurisdiction of the State. (c) Victims of trafficking 42. Victims of trafficking may violate immigration laws and regulations, inter alia relating to irregular entry or use of false documents. However, the Special Rapporteur would like to stress that victims of trafficking should be recognized as victims, and should not be held responsible for the acts of their traffickers. The fear of being detained, often seen as a prelude to being returned to their country of origin and finding themselves again at the mercy of their traffickers, may prevent victims of trafficking from seeking protection, assistance and justice. The Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, urges States to consider adopting legislative or other appropriate measures that permit victims of trafficking in persons to remain in its territory, temporarily or permanently, in appropriate cases (art. 7, para. 1). The Recommended Principles and Guidelines on Human Rights and Human Trafficking request States to ensure that trafficked persons are not, in any circumstances, held in immigration detention 11