A/HRC/59/49 Regular Migration, which is an invaluable framework for international cooperation in the context of migration. 79. In the light of the foregoing, the Special Rapporteur submits the following recommendations to States. A. Prevention and protection 80. In the context of prevention and protection, it is recommended that States: (a) De-securitize immigration enforcement and eliminate overly rigid and stringent migration policies in favour of rights-based migration and border management, with a view to protecting migrants in vulnerable situations; (b) Uphold the right to asylum, including by ensuring safe access to the territory and individualized assessment of protection needs under international human rights and refugee law; (c) Expand safe and regular pathways for admission and stay based on human rights and humanitarian grounds and on regularization of stay/residence status and enhance those pathways by ensuring that they lead to secure status, access to rights and basic services and meaningful avenues to naturalization; (d) Eliminate bilateral or multilateral migration agreements that foresee deportation practices that do not comply with international law, notably the principle of non-refoulement, the prohibition of collective expulsion and the right to seek asylum; (e) De-criminalize migration and ensure that immigration detention is never used for children and used as last resort for adults and that it complies with applicable international law standards; (f) Guarantee that all migrants deprived of liberty, without exception and regardless of the place of deprivation of liberty, are afforded, de jure and de facto, all the fundamental legal safeguards accorded to them under international law, including communication channels without delay with their family members or any persons of their choice, including legal counsel and consular and diplomatic services, while being detained; (g) Adopt specific safeguards against secret detention, including that migrants are held solely in officially recognized and supervised places of deprivation of liberty; (h) Establish a centralized digital registration system for all detention centres, including for transfers between locations, and ensure prompt notification of family members if any such transfers occur; (i) Ensure the right to challenge the lawfulness of a deprivation of liberty so that any person with a legitimate interest may initiate such procedure, irrespective of the place of deprivation of liberty, and that migrants deprived of liberty have access to appropriate mechanisms to report violations of their rights and that those violations are officially recorded; (j) Ensure that no family separation occurs, particularly when children are involved, as part of immigration detention and/or deportation procedures or during rescue operations, and that families who have been separated are promptly reunified without delay; (k) Ensure that migration policies fully comply with international obligations regarding the rights of migrant and refugee children, explicitly prohibit the detention of children solely as a result of their or their guardians’ migration status and ensure that migration policies are guided by the principle of the best interests of the child; (l) Enable migrants and their families to establish, restore or maintain contact along migratory routes and at their point of destination; 18

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