A/64/213
freedom are at risk, and to ensure an assessment of the situation in the country of
origin or habitual residence of the children before deciding on their repatriation.
49. The Special Rapporteur encourages the collection of data at the national level
and the preparation of studies and research on unaccompanied or separated children,
and encourages States to follow the guidance for the protection of the rights of
unaccompanied migrant children provided in general comment No. 6 of the
Committee on the Rights of the Child on the treatment of unaccompanied and
separated children.
50. The Special Rapporteur encourages consular services to continue ensuring
respect for the rights of the child in the context of the return of migrant children and
invites States to conclude bilateral and multilateral agreements based on existing
international human rights norms and standards and to increase cooperation at the
regional level to protect migrant children, especially those unaccompanied,
including in matters relating to safe repatriation, the fight against trafficking, sexual
exploitation and smuggling and assistance to victims.
51. The Special Rapporteur encourages the establishment and implementation of
institutionalized services and programmes to provide comprehensive support and
protection to migrant children, especially those unaccompanied, including the means
to detect those who are in need of international protection. Protection services
should include access to food, health care and legal advice; support for return to the
community of origin; professional and vocational training; and the quest for durable
solutions in the case of refugee children. The Special Rapporteur also recommends
that protection programmes include reproductive and sexual health awareness and
training to address psychological trauma.
4.
The situation of children in host countries
52. The Special Rapporteur notes the broad spectrum of situations in which
children may be found in host countries. Examples include children of migrant
workers, unregistered children from an irregular migrant background,
undocumented children who are outside the State of their habitual residence and
children who, having been denied the status of refugees, go underground and
become irregular migrants.
53. The Special Rapporteur wishes to remind States that child victims of
transnational organized crime 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.
54. The Special Rapporteur has identified two areas where States 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.
09-43777
13