A/HRC/11/7 page 17 mechanisms,40 and international declarations41 on this issue. Accordingly, the Special Rapporteur suggests that States that still punish irregular migration with imprisonment should revise and reform their migration laws, de-criminalize irregular migration and provide special protection for unaccompanied and accompanied migrant children. 3. Protecting children in host countries 66. The protection of children in host countries is in most circumstances context specific, and therefore depends on the particular situation of the child: whether the child’s situation amounts to the protection afforded under refugee law; whether the child is a victim of transnational organized crime; whether the child is migrating with his family and one or both parents are migrant workers; or whether the child is migrating irregularly, unaccompanied or undocumented. 67. The Special Rapporteur has identified two areas where States generally should enhance efforts to provide rights-based responses to protect children in host countries. The first area relates to the general protection of children affected by transnational organized crime. The second area relates to the full enjoyment of human rights by children from a migrant background. 68. The first area covers grey areas of the general protection of the child affected by transnational organized crime. For example, the classification of a child as a trafficking victim implies in some instances additional migration obstacles for the child at the border or forced return to his or her place of origin, without taking into consideration the child’s view on their return to the country of origin, in proportion to age and maturity.42 69. The Special Rapporteur regrets that the criminalization of traffickers is sometimes construed in a way that undermines or diminishes the child’s rights, for example, when affording protection to a child victim is conditional on the child’s agreement to testify against the traffickers in court. 70. The Special Rapporteur is concerned at the situation of children born and living in countries where their mothers have been trafficked, particularly when there is a well-founded fear of reprisals against them by traffickers and when children are left behind because their 40 See for example CMW/C/MEX/CO/1, paras. 14, 15; E/CN.4/2003/85, paras. 43, 73, and A/HRC/7/12, paras. 15, 19, 42, 43; A/HRC/7/4, paras. 41-54; and Global Migration Group, International Migration and Human Rights, 2008, pp. 72-73. 41 See, inter alia, Compromiso de Montevideo sobre Migración y Desarrollo de los Jefes de Estado y de Gobierno de la Comunidad Iberoamericana de Naciones, XVI Iberoamerican Summit, Montevideo, November 2006, para. 17; and Declaration of Asunción, VI South American Conference on Migration, 4-5 May 2006, para. 3.b. 42 Convention on the Rights of the Child, art. 12.