A/73/178/Rev.1 H. Migrants with particular protection needs 1. Migrant children 58. Children and adolescents are one of the weakest links within migratory flows, especially if they are not accompanied by their parents, relatives or a responsible, trustworthy adult who protects them from abuse, violence and exploitation and other risks. If this is compounded by the lack of information that a child or adolescent may have regarding complaint mechanisms and the institutions to which they can turn in the event of a violation, if they are unable to read or write, or if they are in a society that fails to consider their views owing to their young age, the right of access to justice and the protection thereof by States acquires particular importance. 59. In relation to children and adolescents deprived of their liberty, the Convention on the Rights of the Child enshrines the right to prompt access to legal and other appropriate assistance, and the right to a fair trial (art. 37). The Committee on the Rights of the Child has established that one of the first decisions of the State with regard to unaccompanied children and children separ ated from their families outside their country of origin must be the appointment of a guardian or adviser and legal representative as soon as possible, since this is the most effective mechanism for protecting the best interests of children and adolescents and ensuring access to justice. 63 Furthermore, it establishes, as an essential element, “specialized units within the police, the judiciary, the court system, the prosecutor ’s office, as well as specialized defenders or other representatives who provide le gal … assistance to the child”. 64 When it comes to children and adolescents, access to justice must be understood from the perspective of their best interests, which requires the removal of obstacles to access to justice, including the lack of affordable an d child-sensitive complaint mechanisms, technical language, mistrust of adults, and the inability to read or write. 65 60. The Council of Europe has developed international norms and standards on migrant children in several instruments, including the 2010 G uidelines of the Committee of Ministers of the Council of Europe on child -friendly justice. The Handbook on European law relating to the rights of the child also points out the need to adapt justice to children’s needs, especially if they are migrants. In 2017, the European Union Agency for Fundamental Rights compiled Agency guidelines and opinions, and testimonies of children and adolescents to build and strengthen child friendly justice. In that regard, States must make efforts to learn about the special needs of children and their perception of justice and the institutional framework. 61. Unaccompanied migrant children face many difficulties in gaining access to justice, such as a lack of access to guardians and to legal assistance and counselling; a lack of access to information or procedures for determining the best interests of the child; and problems with age assessment procedures. The first step towards implementing laws and policies for the protection of children is their identification as minors. In spite of established standards on fair and appropriate age assessment procedures, many States resort to invasive tests (such as medical examinations or X-rays), the reliability of which is highly questionable. Furthermore, the margin of error for these tests is barely mentioned in the results, which impedes the application of the principle of the benefit of the doubt, with many migrant minors being identified as adults and detained. Moreover, there are no methods for challenging the outcomes of these proceedings. Belgium, France, Italy, Malta and Sweden are among the few __________________ 63 64 65 18-15902 See general comment No. 6 (2005) on the treatment of unaccompanied a nd separated children outside their country of origin. See general comment No. 10 (2007) on children’s rights in juvenile justice, para. 92. See also A/72/164, A/HRC/29/26, A/HRC/25/35 and A/HRC/16/56. 15/20