A/HRC/38/41 43. The forced return of a child has a negative impact on, inter alia, the child’s development, health and education. According to information the Special Rapporteur received from Defence for Children International, a non-governmental organization, children are often forced to return with their families after having lived in their host countries for years. The rights of a child with deep social ties to the child’s destination country who applies for regularization should not be undermined by lack of compliance by the child’s parents. 33 States have an obligation to handle applications by a child or the child’s parents to enter or leave a State for the purpose of family reunification in a positive, humane and expeditious manner,34 and allow regularization through family reunification. 44. The best interests of the child should be the paramount consideration in decisions relating to return. A formal procedure to determine best interests should be conducted with certain safeguards, for example, with the meaningful participation of authorities responsible for child protection, and the right of the child to be heard and to have competent and independent legal representation (see A/HRC/37/34, principle 6, guideline 6). Where return is deemed not to be in the child’s best interests, families should be kept together in the country of residence. When unaccompanied and separated children are returned, countries of origin and destination should cooperate to continue family tracing efforts after return (ibid., guideline 7). Safety and the designation of appropriate caregivers for children should be prerequisites to return. Return should not cause children to become homeless, nor should children be housed in orphanages or residential care facilities, or held in any situation that could compromise their development or lead to social exclusion (ibid., guideline 8). In the case of families with children, the government authorities responsible for processing returns should ensure that children are not separated from immediate family members in the return process. 45. In general, there are concerns that forced return programmes that lack appropriate mechanisms for screening indicators might include large numbers of suspected victims of trafficking. In particular, the risk of non-detection increases when countries do not have procedures for proactive detection and officials lack the necessary training. When cases of trafficking are identified, no clear guidance is available within the social protection system when a return has already been processed. The risk that victims of trafficking run of exposure to reprisals and re-victimization also increase, given that they can be recontacted by trafficking networks after their return. Returned victims of trafficking are often stigmatized and subject to discrimination, and may suffer from psychological disorders (see A/HRC/38/45). 46. States should adopt measures offering comprehensive protection for migrants with disabilities, including those who acquire a disability in transit or destination countries. Such measures should include the prohibition of detention, unhindered access to health and social services and a comprehensive assessment of individual protection needs before any decision on return is made. Similarly, countries of origin and destination should introduce comprehensive return and reintegration programmes for migrants who return with a disability. Host countries should adopt prevention policies and create safe working conditions, and refrain from cancelling residence and/or work permits and returning migrants who have acquired a disability in the workplace. 47. Return policies and practices affect women and girls differently. The Special Rapporteur received allegations concerning proposed regulations to deport pregnant migrant workers, which could in turn compel women in such a situation to seek unsafe abortions (A/HRC/26/35, para. 54). Migrant women who work as domestic workers are also more vulnerable to sexual harassment, abuse and violence, including rape, and face loss of access to essential services and even deportation if they file a complaint. In order to address the particular protection needs of women and girls in the context of returns, States should address the root causes of exploitation rather than restrict the mobility of migrants 33 34 “Deported: human rights in the context of forced returns” (see footnote 10). See Convention on the Rights of the Child, art. 10 (1), and general comment No. 6 (2005) of the Committee on the Rights of the Child on the treatment of unaccompanied and separated children outside their country of origin, para. 83. 11