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the principle of non-refoulement, which in the case of children should be construed as including
socio-economic conditions in countries of origin; and family reunification entitlements in
countries of origin and destination.
35. The minimum measures that should be taken into consideration in the process of initial
assessment once unaccompanied or separated children enter a country of transit or destination is
also addressed in general comment No. 6; they include prioritized identification of a child as
separated or unaccompanied immediately upon arrival at ports of entry or as soon as their
presence in the country becomes known to the authorities including age assessment (art. 8);
prompt age appropriate and gender sensitive registration and determination of the identity of the
child, in a language the child understands, by professionally qualified persons; the recording of
further information in order to meet the specific needs of the child, including the reasons for
being separated or unaccompanied; and an assessment of particular vulnerabilities, such as
health, physical, psychosocial, material and other protection needs, including those deriving from
domestic violence, trafficking or trauma.
36. Children who are victims of transnational organized crime should be identified as such in
accordance with existing international standards. Therefore, child victims should not be regarded
as criminals or irregular migrants, but as victims entitled to appropriate assistance and measures
of protection. Applicable legal instruments, such as the Optional Protocol to the Convention on
the Rights of the Child on the sale of children, child prostitution and child pornography and the
two protocols supplementing the United Nations Convention against Transnational Organized
Crime contain similar provisions emphasizing that States parties should take appropriate
measures to protect the rights and interests of child victims of those practices and adapt
procedures that take into consideration their special needs and vulnerabilities. Furthermore,
principle 1 of the Recommended Principles and Guidelines on Human Rights and Human
Trafficking (E/2002/68/Add.1) suggests, that children who are victims of trafficking should be
identified as such, while principle 8 recommends that special measures be taken for their
protection and support.
37. Additional international legal instruments may complement the general legal framework in
specific circumstances. For example, in cases of detention of unaccompanied migrant children,
legal instruments dealing with consular relations18 and with human rights in the context of the
administration of justice19 may play an important role for the protection of the child. Maritime
law is relevant in cases of the interception and rescue of migrant children at sea,20 and
18
See for example the Vienna Convention on Consular Relations, art. 36, para. 1 (b).
19
See for example the United Nations Rules for the Protection of Juveniles Deprived of Their
Liberty, the United Nations Standard Minimum Rules for the Administration of Juvenile Justice
and the Guidelines for Action on Children in the Criminal Justice System.
20
See for example the United Nations Convention on the Law of the Sea, art. 98.