A/HRC/14/30/Add.3
(h)
Compile and share with host countries within and outside Europe good
practices in addressing the situation of unaccompanied and separated children
through a comprehensive welfare system including the rights to health and education.
78.
In relation to age-assessment processes in disputed-age cases of allegedly
separated children who seek asylum, the Special Rapporteur recommends that the
Government:
(a)
Elaborate statutory guidance on a holistic and multiagency approach to
age assessment to be applied in disputed cases of allegedly separated children who
seek asylum; ensure that such children are able to access formal age assessment
procedures and, accordingly, take all necessary steps to ensure that appropriate
referrals are made;
(b)
Provide adequate support to social workers and other officials carrying
out age assessment and training on issues such as cultural and religious sensitivity,
child protection and post-traumatic treatment;
(c)
Recognize the benefit of the doubt in disputed cases of allegedly
separated and unaccompanied children who seek asylum and, accordingly, apply the
principle in dubio pro infante, recognize that in disputed-age cases the burden of proof
is on the Government and accordingly suspend the application of UKBA asylum
instruction 2.2 on age assessment, which instructs that “the claimant should be treated
as an adult if their physical appearance/demeanour very strongly suggests that they
are significantly over 18 years of age”;
(d)
Provide specific guidance and training at ports and screening units for
the treatment of disputed-age cases and ensure that age is not assessed in screening
units or at ports but by specialized units specifically created for that purpose.
79.
In relation to the protection and assistance of victims of trafficking in persons,
the Special Rapporteur recommends that the Government:
(a)
Incorporate into national policies, plans and programmes and effectively
implement the Recommended Principles and Guidelines on Human Rights and
Human Trafficking;62
(b)
Ensure that appropriate training is given to law enforcement officials on
human trafficking and the protection of trafficked victims;
(c)
Take all necessary steps to grant specialized support and assistance to all
victims of trafficking for sexual exploitation and forced labour, regardless of their
immigration status;
(d)
Strengthen efforts to ensure that victims of trafficking and/or forced
labour have access to effective remedies, including the possibility of pursuing
compensation claims regardless of their immigration status;
(e)
Ensure that access to social services and the granting of temporary or
permanent residency status to victims of trafficking are not made conditional in
practice upon their cooperation in criminal proceedings.
80.
In relation to the protection of women in the context of migration, the Special
Rapporteur recommends that the Government:
62
GE.10-12095
E/2002/68/Add.1.
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