A/HRC/17/33/Add.3 80. Further, the Industrial Trainees and Technical Interns Programme should be discontinued and replaced by an employment programme aimed at ensuring the original purpose of such programme to transfer skills and technologies to developing countries. In the light of the serious human rights violations reported, specific legislation should be adopted to regulate the new programme. It should include more effective and accessible monitoring and complaint mechanisms for the protection of the human rights of participants, to be managed by a body totally independent from participating companies, and guarantee access to avenues for redress. 81. With respect to the human rights of migrant children: (a) Japan should ensure that the principle of the best interests of the child guides any judicial and administrative decision which has an impact on children. In this regard, Japan should reconsider its reservation to article 37, paragraph (c) of the Convention on the Rights of the Child, so that the best interest of the child is taken into consideration in determining whether or not the child deprived of liberty should be separated from adults. In particular, it should ensure that a child is not separated from his or her parents against his or her will, except when it is in the best interests of the child; (b) The right to the State’s protection of the family as a fundamental group unit of society should receive full protection and be systematically taken into consideration by Japan in judicial and administrative decisions and policies. In this connection, Japan should reconsider its declaration on article 9, paragraph 1, of the Convention on the Rights of the Child in order to ensure that children are not separated from their parents against their will and best interests as a result of deportation. Therefore, Japan should review decision-making processes relating to deportation of migrants and ensure that the best interest of the child is systematically taken into account as primary consideration in deportation procedures.18 In a similar vein, the Special Rapporteur recommends that Japan revisit its declaration on article 10, paragraph 1, of the Convention on the Rights of the Child, so that the authorities give due weight to the importance of a family unit in determining applications for family reunification; (c) The right to education for migrant children should be recognized and guaranteed by law. The Government should increase efforts to facilitate migrant children’s study either in Japanese or foreign schools, and to provide assistance in learning Japanese to migrant children who wish to study at Japanese schools. The Government should develop educational programmes to address structural obstacles such as the low Japanese-language proficiency level and different cultural backgrounds that cause school non-attendance and marginalization of migrant children. The Government should also establish a national policy that guarantees to any migrant children access to Japanese-language teaching: this access should not depend on the policies that may have been adopted at the municipal level, and should be financially supported by the Government at the national level. In this context, the Government should establish special preparation programmes and separate examinations for the access of migrant children to high school, in accordance with the experience of some schools that have already adopted this system with positive results. (d) Migrant children with disabilities or in need of psychological assistance should receive adequate and timely support, in order not to compromise their 18 20 With regard to migrant children, the Special Rapporteur refers the Government to the concluding observations addressed by the Committee on the Rights of the Child to Japan in 2010 (CRC/C/JPN/CO/3, paras. 33, 34, 37 and 38).