A/74/191 partners and children. 29 The same conditions apply in El Salvador, which has a comprehensive national policy on childhood and adolescence for 2013–2023. Its aim is to highlight the multiplicity of vulnerable situations faced by children and adolescents, in particular those who are migrating or are children of migrant parents, and to put in place identification and referral systems to better assist and protect them. 30 Migration-related legislation and policies viewing women and girls through a lens of vulnerability 33. Other countries have migration-related legislation and policies that place migrant women and girls primarily in the “vulnerable” category, such as pregnant women, single parents with underage children, persons subjected to torture, rape, or other serious forms of physical, or sexual violence. 31 This is particularly the case when it comes to legislation and policies that relate to the detention of third country nationals. Such an approach falls short of being “gender-responsive”. To date, there is no internationally recognized definition of “vulnerable groups”, 32 moreover a comprehensive list of vulnerable persons is rarely provided, nor are the specific protection needs that should apply to women and girls in immigration detention elaborated. 33 Such categories of vulnerable persons do not fit into the existing predefined categories, including persons of different sexual orientation and gender identity. It should be kept in mind that situations of vulnerability are not static, but can also evolve and develop over time, as in cases of extended detention. 34 34. For example, the Alien Law of 1980 adopted by Belgium illustrates these limitations: article 1 defines “vulnerable groups” as including accompanied and non-accompanied children, pregnant women, elderly persons, victims of torture, rape and other forms of psychological, physical or sexual violence. 35 It does not, however, spell out any standards of treatment that follow on from the de signation of individuals and groups as vulnerable, with the exception of cases involving minors. 35. In Chile, a pregnant migrant woman is considered to be vulnerable and in need of assistance. She can obtain a visa and can obtain access to medical care, ensuring that pregnancy and child birth do not become a high risk. This same visa is available for any person undergoing medical treatment. 36 36. In Mexico, a technical group for the incorporation of the gender perspective into policies for the care and protection of migrant women has been created within the framework of the Advisory Council on Migration Policy of the Ministry of the Interior. The purpose of the group is to guarantee migrant women effective access to their rights through the incorporation of a gender perspective in and to create affirmative action through administrative rules and procedures and public policies __________________ 29 30 31 32 33 34 35 36 19-12287 Mentioned in both the submission of the Permanent Mission of Argentina and that of the Ombudsperson of Argentina. See submission of the Permanent Mission of El Salvador to the United Nations. See submission of the Permanent Mission of Slovakia to the United Nations. See OHCHR and Global Migration Group, «Principles and Guidelines, supported by practical guidance on the human rights protection of migrants in vulnerable situations» (https://www.ohchr.org/EN/Issues/Migration/Pages/VulnerableSituations.aspx ). See also A/HRC/37/34/Add.1. See submission of the Global Detention Project. European Parliament, Briefing “Arbitrary detention of women and children for immigrationrelated purposes”, March 2016 (http://www.europarl.europa.eu/RegData/etudes/ BRIE/2016/577991/EPRS_BRI(2016)577991_EN.pdf ). See Belgian Alien Law, 15 December 1980 (http://www.ejustice.just.fgov.be/cgi_loi/ change_lg.pl?language=fr&la=F&cn=1980121530&table_name=loi ). See submission of the Women in Migration Network. 9/24

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