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31. Age assessments should only be initiated if serious doubts about the child’s age
exist. Safeguards should include that such assessments only be carried out as a
measure of last resort, that the benefit of the doubt be given to the individual, that
information about the process and possible consequences be provided to the
individual in a child-friendly manner, that they receive support, advice and free and
independent legal representation, and that the individual be protected from return
while his or her age is being assessed. 80 Age assessments should take a holistic
approach 81 and should only be undertaken by independent and appropriately skilled
practitioners, in accordance with the recommendations of the Committee on the
Rights of the Child. 82
32. For unaccompanied and separated children, States are obligated to provide
special protection and assistance. 83 Once identified, these children should be
immediately referred to child protection agencies, and only be interviewed in the
presence of an appropriately trained childcare worker. 84 States’ obligations to
unaccompanied and separated children include appointing a guardian who has the
authority to be present in all planning and decision-making processes immediately
after such children are identified 85, as well as providing access to legal advice and
representation, and a safe and protective community-based, and ideally family-based,
environment, rather than institutional care. 86 To realize their commitments set forth
in the Global Compact for Migration on addressing and reducing vulnerabilities,
States agreed to draw from various actions, including protecting unaccompanied and
separated children at all stages of migration through the establishment of specialized
procedures for their identification, referral and family reunification, providing access
to services and swiftly appointing a competent and impartial legal guardian. 87
33. Immigration detention of any child violates children’s rights and always
contravenes the principle of the best interests of the child. 88 Article 37 (b) of the
Convention on the Rights of the Child establishes the general principle that a child
may only be deprived of liberty as a last resort and for the shortest appropriate period
of time. However, offences concerning irregular entry or stay cannot u nder any
circumstances have consequences similar to those derived from the commission of a
crime. Therefore, the possibility of detaining children as a measure of last resort is
not applicable in immigration proceedings as it would conflict with the princi ple of
the best interests of the child and the right to development. 89 Several special
procedures mandate holders have also stressed that immigration detention of children
should be prohibited. 90 However, at least 330,000 children globally per year are
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A/HRC/15/29, para. 44.
A holistic approach involves balancing a range of physical, psychological, developmental,
environmental and cultural factors. See UNICEF, “Age assessment: a technical note” (2013).
Ibid.; see also UNICEF, “Towards a child rights-based assessment tool to evaluate national
responses to migrant and refugee children”, discussion paper No. 2018-04 (2019), pp. 18–19, and
Committee on the Rights of the Child, C.O.C. v. Spain (CRC/C/86/D/63/2018), paras. 8.9–8.11.
Convention on the Rights of the Child, arts. 20 and 22.
OHCHR, Recommended Principles and Guidelines on Human Rights at International Borders, p. 30.
Committee on the Rights of the Child, general comment No. 6 (2005), para. 33.
United Nations Guidelines for the Alternative Care of Children .
Global Compact for Migration, objective 7, para. 23 (f).
Committee on the Rights of the Child, “Report of the 2012 day of general discussion: The rights
of all children in the context of international migration”, para. 32.
Ibid., and joint general comment No. 4/No. 23 (2017), para. 10.
A/HRC/30/37, para. 46, and A/HRC/39/45, annex, para. 11; see also A/HRC/37/50, para. 73,
A/75/183 and OHCHR press release, “Child immigration detention must be prohibited following
adoption of EU migration and asylum pact, UN experts say” (2 May 2024).
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