A/HRC/11/7 page 15 55. Frequent human rights issues affecting children on the move also include deportation and repatriation. The Special Rapporteur wishes to draw the attention of States to the numerous allegations he has received of cases of children being expelled at international borders, thus endangering their well-being and physical integrity (E/CN.4/2002/94 and Add.1). 56. With regard to the deportation of children of migrants and the importance of respecting the best interests of the child in such procedures, the Special Rapporteur believes that the concerns set out below should be borne in mind. 57. Consideration could be given to the principle of non-deportation of unaccompanied children, whereby children should be repatriated only if it is in their best interest, namely, for the purpose of family reunification and after due process of law. The enforcement of this principle would require public policies and a legal framework in both countries. In this regard, the Special Rapporteur regrets that the recently adopted European Union directive on return (2008/115/EC) authorizes the deportation of children migrants in the same sense as adults (art. 10), despite some specific protection measures. No distinction is made on the nature of the deportation, which in both cases is a “punitive approach” instead of a “protection approach”, as stressed by the Committee on the Rights of the Child36 and other human rights institutions.37 58. The possibility of reunification in the country of destination, as suggested by the Committee on the Rights of the Child in its general comment No. 6 (paras. 81-90) could also be considered. Furthermore, it might be mentioned expressly that, within these procedures, States should fulfil “age appropriate” due process of law, including, inter alia, rights to a guardian, a legal representative, free legal aid, access to jurisdiction, effective remedy, an interpreter if necessary and to be heard. 59. Mechanisms are also needed to ensure children’s rights and perspectives within the deportation procedures of their parents (based on their migration status), especially their right to be heard. While States tend to consider the rights of the adults involved in these procedures (including the right to the family unit), there is no specific mechanism that considers the rights of their children. 60. Another major concern of the Special Rapporteur with regard to children on the move relates to the particular vulnerability of children who are unaccompanied, undocumented and/or entering countries irregularly, including within mixed migratory flows, to unlawful or arbitrary deprivation of liberty.38 The Committee on the Rights of the Child has asserted that 36 See CRC/GC/2005/6. 37 European Network of Ombudsperons for Children, Statement on the EU Return Directive of 18 June 2008, 30 June 2008. See also STEPS consulting social study for the European Parliament, “The conditions in centres for third country national (detention camps, open centres as well as transit centres and transit zones), with a particular focus on provisions and facilities for persons with special needs in the 25 EU member states.” 38 See “Migration, asylum and trafficking-related detention”, information note No. 7, Dignity and Justice for Detainees week, OHCHR, October 2008.