A/79/213
49. States should examine each child’s case in an age- and gender-sensitive manner,
taking into account the specific rights and vulnerabilities of children, the particularly
serious consequences of traumatic returns on children’s mental health and well-being,
and the impact of disrupted or insufficient access to services upon return, including
education, shelter, food, health and other rights. 131 For children, “return” may mean
moving to a country where they have never resided, of which they have no memory,
or where they have limited cultural or family ties. If return is determined to be in a
child’s best interests, child protection actors should collaborate across borders prior
to and during the return. 132 Cross-border case management procedures should be
established in an expeditious manner in conformity with the Convention on the Rights
of the Child and other applicable international laws. 133
50. Regarding the return itself, States should have safeguards in place during the
physical departure of children to ensure child-appropriate care and treatment and that
family members are not separated during return operations unless this is deemed to
be in the child’s best interest. Unaccompanied children should only be returned to
appropriate non-custodial and community-based reception and care arrangements
when a best-interests procedure has found this to be in a child’s best interests. 134 To
realize their commitments in the Global Compact for Migration on safe and dignified
return and sustainable reintegration, States agreed to draw from a variety of actions,
including ensuring that a parent, legal guardian or specialized official accompan ies
the child throughout the return process and ensuring that appropriate reception, care
and reintegration arrangements for children are in place in the country of origin upon
return. 135
51. Return and reintegration measures should be sustainable from the perspective
of the child’s right to life, survival and development. 136 If it is in a child’s best
interests to be returned, an individual plan should be prepared, together with the child
where possible, for the child’s sustainable reintegration using a rights -based
approach. Consideration should be given to immediate protect ion measures and longterm solutions, including effective access to education, health, psychosocial support,
family life, social inclusion, access to justice and protection from all forms of
violence. 137
H.
Participation of children
52. Children are affected by migration policies and programmes at the global,
regional, national and local levels; yet children in migration contexts are often talked
about but rarely listened to. 138 In individual cases, the Committee on the Rights of the
Child has discouraged States from introducing age limits that would restrict a child’s
right to be heard in all matters affecting the child and held that determining the best
interests of children requires that their situation be assessed separately from their
parents and the child’s views be heard. 139 When return to the country of origin or a
third country is considered to be in a child’s best interests, it is essential that the child
__________________
131
132
133
134
135
136
137
138
139
24-13410
Network on Migration, “Ensuring safe and dignified return”, para. 2.
Ibid., Introduction, para. 3.
Joint general comment No. 4/No. 23 (2017), para. 64.
Network on Migration, “Ensuring safe and dignified return”, para. 3. Network on Migration,
“Ensuring safe and dignified return”, para. 3.
Global Compact for Migration, objective 21, para. 37 (g).
Joint general comment No. 3/No. 22 (2017), para. 32 (k).
Ibid.
UNICEF, “A right to be heard: Listening to children and young people on the move” (December
2018), p. 1.
Committee on the Rights of the Child, Z.S and A.S v. Switzerland, para. 7.8.
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