A/79/213
deprived of their liberty based on their (or their parents’) legal or migratory status. 91
Lack of accurate data means this is likely to be a significant underestimate.
34. With the adoption of the Global Compact for Migration, States committed to a
human rights-based approach to any detention of migrants and, to realize this, to draw
from a range of actions, including ensuring a viable range of non -custodial measures
that are in line with international law and working to end the practice of child
detention in the context of international migration. 92 The United Nations Network on
Migration has noted some momentum, with important progress made through peer
learning exchanges between States, and a growing body of replicable promising
practices that respect children’s rights and meet States’ concerns abo ut migration
management. 93 Furthermore, the 2030 Agenda for Sustainable Development provides
an overarching impetus for action to end violence against children and to leave no
child behind. To fully realize target 16.2 of the Sustainable Development Goals,
which contains a pledge to end violence against children, States must address issues
of structural violence, abuse and denial of essential services that children often face
in immigration detention 94 and other migration contexts.
E.
Protection from violence, exploitation and abuse, going missing,
human trafficking, exploitation and statelessness
35. It is critical that children are protected from all forms of physical and mental
violence 95 across all stages of their migration journey. Children in migration settings
face heightened vulnerability to violence, exploitation and abuse, particularly but not
only if they are undocumented and/or unaccompanied or separated. This includes
risks of immigration detention, pushbacks, child trafficking, aggravated smuggling,
child labour, child marriage, child recruitment (into armed conflict, organized
criminal gangs and radicalized movements) and online harms. They can also
experience violence and abuse during migration raids and deportations. While robust
protections must be extended to unaccompanied and separated children, it is
important that children in families are not excluded from these protections, as they
can also face heightened vulnerability. It is also essential that States provide childsensitive consular protection, assistance and cooperation throughout the migration
cycle, as recognized in objective 14 of the Global Compact for Migration.
36. Strengthening child protection systems in countries of origin, transit and
destination – and cross-border collaboration between child protection actors – is key
to meeting the needs of children in the most vulnerable situations, including victims
and survivors of child trafficking, exploitation and sexual and gender-based
violence. 96 It is essential that intersectoral approaches are taken to the protection of
children, recognizing intersecting factors that can compound risks for children,
including migration status, nationality, gender, age, disability, race, colour, sexual
orientation and gender identity, ethnicity, religion, country of origin, level of
__________________
91
92
93
94
95
96
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See A/74/136.
Global Compact for Migration, objective 13.
United Nations Network on Migration, “Report of fourth global peer learning exchange: Working
to end child detention in the context of international migration ” (24 May 2023), and United
Nations Task Force on Children Deprived of Liberty, “End immigration detention of children”,
advocacy briefing note (February 2024).
A/75/183, para. 21.
Convention on the Rights of the Child, art. 19 (among others).
United Nations Special Representative of the Secretary-General on Violence against Children,
“Protecting the rights of children on the move in times of crisis ” (2022), and UNICEF and IOM,
“Inclusion of children in the context of migration into national child protection systems ” (April
2024).
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