A/HRC/11/7 page 21 efforts to promote learning of the heritage language in host countries among migrant children and children from a migrant background, as in the case of European Union Member States, where this type of bilateral agreements are envisaged under Directive 77/486/CEE. III. CONCLUSIONS AND RECOMMENDATIONS 81. The Special Rapporteur highlights the importance of an adequate legal framework for the protection of the rights of all children in the context of migration, including through ratification of relevant international human rights and other instruments and their translation into national laws and policies, and wishes to make a number of recommendations for further consideration and action. Mainstreaming a child rights-approach to migration into national plans, programmes and policies 82. All policies and programmes aimed at addressing the situation of children in the context of migration should have a human rights-based approach and be based on fundamental principles, such as the best interest of the child, non-discrimination and the right of the child to be heard in all decisions that concern him or her. 83. States are encouraged to consider the impact of migration on children in the elaboration and implementation of national development frameworks, poverty reduction strategies, human rights plans of action,56 programmes and strategies for human rights education and the advancement of the rights of the child. States are also encouraged to adopt and develop programmes and policies to address significant gaps remaining in social policies and other areas where the protection of the migrant child is yet to be mainstreamed. Protecting the most vulnerable 84. Effective protection of the human rights of the child should be ensured in States of origin, transit and destination at every stage of the migration process and in all migration management procedures. 85. States, especially those of transit and destination, should devote special attention to the protection of undocumented, unaccompanied and separated children, as well as to the protection of children seeking asylum and children victims of transnational organized crime, including trafficking in persons, smuggling, sale of children, child pornography and child prostitution. 86. States should also consider the specific vulnerability of the migrant girl child and the gender impact of migration and human rights implications for girls and boys of any migration-related planned action, including legislation, policies and programmes, and address existing gaps in protection. 56 For guidance on national human rights plans, see the Handbook on National Human Rights Plans of Action, 2002, available at the OHCHR website www.ohchr.org.

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