A/65/222
101. Detention of children should be a measure of last resort and should be for
the shortest period of time possible. The deprivation of liberty of children in the
context of migration should never have a punitive nature, accordingly:
(a) The exceptional migration related detention of children should be
executed in places ensuring the integral protection and well-being of the child,
taking due consideration of the fulfilment of the child’s rights, inter alia, to
education, health care, recreation, consular assistance and legal representation;
(b) States should bear in mind that children should be kept separate
from non-related adults; if housed with families, they should have
accommodation distinct from other adults.
102. The Special Rapporteur encourages the conclusion of bilateral and
multilateral agreements based on existing international human rights norms
and standards and increased cooperation at the regional level to protect
migrant children, especially those unaccompanied, including in matters of safe
repatriation, the fight against trafficking, sexual exploitation and smuggling
and assistance to victims.
103. States should base any decision to return a child or a child’s parents to the
country of origin on the best interests of the child, including the right to family
unity and education.
104. States should uphold the principle of avoiding statelessness and enforce
legal norms at the national and international levels to reduce statelessness
resulting from the failure to register the birth of a child, including because of
the fears associated with the criminalization of irregular migration. States
should take effective measures to guarantee the birth registration of children
born outside their parents’ country of origin, regardless of the parents’
immigration status.
105. States should ensure that age-assessment processes comply with
international standards and that the persons concerned are allowed access to
effective remedies to challenge age-assessment decisions. States should also
consider according a “benefit of the doubt” in age-determination procedures.
106. The Special Rapporteur encourages the design and implementation of
programmes for the sustainable return and reintegration of children, including
alternatives to return on the basis of the best interest of the child.
3.
The protection of victims of trafficking, labour abuse and exploitation
107. The Special Rapporteur further recommends that Governments:
(a) Take all necessary steps to prevent multiple discrimination and
re-victimization, ensuring that effective structures and mechanisms are put in
place to assist victims to reintegrate into society, including by providing them
with psychological, health and social assistance;
(b) Incorporate into national policies, plans and programmes, and
effectively implement, the Recommended Principles and Guidelines on Human
Rights and Human Trafficking (E/2002/68/Add.1);
(c) Consider signing the Convention on Action against Trafficking in
Human Beings of the Council of Europe, which is open to non-member States,
24
10-47488