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appropriate protection and assistance. 69 Children should be guaranteed the right to
access to territory, regardless of documentation, and should be referred to authorities
in charge of evaluating their needs, protecting their rights and ensuring their
procedural safeguards. 70
29. Some States have implemented restrictive border governance measures, including
the “externalization” of borders to compel countries of first arrival, transit or departure
to enforce border controls and prevent irregular entry to the territory concerned,
exacerbating situations of vulnerability and undermining procedural safeguards. 71
Restrictive migration or asylum policies exacerbate children’s vulnerability to
violence and abuse during their migration journey and in countries of destination. 72
In the Global Compact for Migration, States committed to implement child -sensitive
border management policies, 73 to uphold children’s best interests at all times, and to
apply a gender-responsive approach in addressing vulnerabilities, including in
responses to mixed movements. 74 It is essential that States put in place formal
processes, with strict procedural safeguards, to assess and determine children’s best
interests in decisions affecting children. 75 Best-interests assessments and determination
procedures should be individualized processes guided by child protection authorities
within child protection systems, including consultation with the child in line with
their evolving capacity and an assessment of their express wishes, and possible
solutions and plans should be discussed and developed together with the child. 76
30. A child-sensitive approach to migration and border governance also requires the
establishment of child rights-based procedures, including in relation to States’ use of
digital technologies, and initial reception systems that incorporate child welfare
principles. States should invest in training border officials in human rights, including
child rights. Interviews carried out by border authorities with children should be
limited to gathering basic information about the child’s identity. 77 States should
ensure that qualified, culturally competent child protection professionals are present
at the first point of contact and centrally involved in all interviews, screening
processes, assessments and referrals of children and families, and that relevant service
providers are present at international borders, such as competent interpreters, legal
aid service providers, health service providers, guardians for unaccompanied and
separated children and others. 78 Children travelling with adults should be verified as
being accompanied by or related to them, including through separate interviews with
appropriately trained and qualified personnel. 79 Children should be provided with
information in a language and format that they can understand, including about
complaints mechanisms, and have access to essential services such as medical and
psychological care. Moreover, States should invest in child rights-based, gendersensitive, non-custodial reception processes, infrastructure and arrangements, which
preserve family unity and implement minimum standards and other child -specific
safeguards.
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70
71
72
73
74
75
76
77
78
79
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Convention on the Rights of the Child, arts. 20 and 22.
Joint general comment No. 4/No. 23 (2017), para. 17, and Committee on the Rights of the Child,
D.D. v. Spain, para. 14.4.
A/HRC/54/81, paras. 23–24.
Joint general comment No. 4/No. 23 (2017), para. 40.
Global Compact for Migration, objective 11.
Ibid., objective 7.
Committee on the Rights of the Child, general comment No. 14 (2013), para. 87.
Joint general comment No. 3/No. 22 (2017), para. 32 (j).
OHCHR, Recommended Principles and Guidelines on Human Rights at International Borders ,
p. 29.
Ibid., p. 31.
Ibid., p. 29.
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